Chernyshenko I.G., Kiselev A.S. —
Comparative legal analysis of the institution of administrative punishment in the current Code of Administrative Offences and in the Draft of the new Code of Administrative Offences
// Administrative and municipal law. – 2022. – ¹ 3.
– P. 69 - 80.
DOI: 10.7256/2454-0595.2022.3.37709
URL: https://en.e-notabene.ru/ammag/article_37709.html
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Abstract: In connection with the completion of the development of the new Code of Administrative Offenses, it becomes obvious a change in the approach, including to the application of administrative punishment. The objects of research in this article are: the system of administrative penalties (their types and sizes) and the procedure for the application of administrative punishment in accordance with the draft new Code of Administrative Offenses. The author pays special attention to the change in the approach to the application of administrative penalties in terms of the transformation of the characteristics of administrative measures of responsibility and the legal technique of the presentation of administrative and legal norms governing the institution of administrative punishment. Also, the special subjects of the research of the topic were the categorization of administrative offenses into coarse and coarse and the formulation of a definition to the concept of a homogeneous administrative offense. The main conclusions of the study are: highlighting the relevance of the adoption of the draft new Administrative Code in terms of regulating the institution of administrative punishment, substantiating the legal fate of the adoption of such a project, otherwise determining the consequences of its non-acceptance, for example, destabilizing the legal regulation of the institution of administrative punishment and maintaining the priority of the punitive function of administrative punishment over the preventive. The novelty of the study lies in the fact that the author has formed a full-fledged commentary on the presentation of the institute of administrative punishment in the draft of the new Administrative Code: the essence of the changes, the target orientation of their introduction. This article summarizes the current problems associated with the imposition of administrative punishment, indicates the different opinions of legal scholars on this issue and provides the author's vision for making each change to the system of administrative penalties.