Bezrukavaya N.I. —
Prosecutor Case Report on Administrative Offense: Legal and Organisational Issues
// Administrative and municipal law. – 2019. – ¹ 6.
– P. 1 - 10.
DOI: 10.7256/2454-0595.2019.6.30633
URL: https://en.e-notabene.ru/ammag/article_30633.html
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Abstract: The author of the article analyzes the legal nature of participation of prosecutor in administrative prosecution. Bezrukavaya suggests two forms of prosecutor participation, initiative (participation in cases initiated by prosecutor) and for the purpose of making a case report (when a case is initiated by other administrative authorities under applicable laws). The author offers a list of cases that should be referred to the cases of 'mandatory category'. The author focuses on the problems of legal regulation of prosecutor case reporting on administrative offences, describes its forms and contents. She also covers issues related to the arrangement of prosecutor participation in proceedings and procedure of creating such a case report. The author gives a sample of prosecutor case report on administrative offense. The main method used by the author in her research is the dialectical analysis. She has also used such research methods as systems analysis, logical analysis, comparative law method, statistical and formal law methods. The novelty of the research is caused by the fact that for the first time in the academic literature Bezrukavaya offers to define and prove two forms of prosecutor participation in administrative proceedings and give a list of cases that imply prosecutor participation including cases of 'mandatory category'. The author also makes provisions regarding prosecutor participation in a case, prepartion of a case report and systematizes issues subject to prosecutor evaluation and included in the contents of a case report.