Элементы принципа законности в производстве по делам об административных правонарушениях

Abstract

The content of the principle of legality forms a number of interrelated elements: the system of legislation on administrative offenses; norms of various sectoral legislation establishing rules of conduct in the administrative area, for violation of which the articles of the Special Part of the Administrative Code of the Russian Federation, laws of the constituent entities of the Russian Federation provide for administrative liability; norms of the Code of Administrative Offenses of the Russian Federation of a material and procedural nature; guarantees of its provision. The author points out that the presence of other public offenses in the current legislation, in addition to the Code of Administrative Offenses of the Russian Federation, indicates non-compliance with the principle of legality. In the course of preparing the project Code on Administrative Offenses of the Russian Federation, it is necessary to carry out a complete codification of liability for violation of regulatory requirements in the administrative area, eliminating legislative provisions establishing the possibility of bringing to “quasiadministrative” liability and applying coercive measures of an administrative nature outside the framework of the proceedings on the cases of administrative offenses.