Неопределенные сроки в административном процессе: проблемы реализации

Abstract

The author of the article analyzes procedural deadlines established within the framework of proceedings on administrative offenses that do not have definite time intervals but that oblige the law enforcement officer to perform procedural actions in accordance with established time. Practically, this often leads to the rising of insoluble contradictions that are conditioned by indefinite time intervals. That, in turn, provides the law enforcement officer with the opportunity to interpret them depending on circumstances and at his or her discretion. In the meantime, the party that is subject to a case of administration offences does not have any opportunity to dispute the infringement of the deadlines committed by the law enforcement officer. The author of the article examines modern scientific discussions dedicated to establishing of the terms of the mentioned above administrative and legal deadlines, for instance, there should be “short” term deadlines, “effective immediately” deadlines and “without delay” ones. The author researches various approaches to optimizing administrative and procedural legislation in terms of making the deadlines more precise. The author observes that the issue of implementation of procedural deadlines has not been applied in practice nowadays. It leads to violation of citizen’s rights in the proceeding of cases of administrative offences as well as to distortion of the principle of legality in administrative procedural law. When the terms of cases are uncertain it provides the law enforcement officer to apply them at his or her discretion. Such actions affect the effectiveness of law enforcement activities.