К ВОПРОСУ О РЕАЛИЗАЦИИ ПРОЦЕССУАЛЬНЫХ ГАРАНТИЙ ПРАВ СУБЪЕКТОВ АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЙ В УСЛОВИЯХ ПРЕДУПРЕЖДЕНИЯ НОВОЙ КОРОНАВИРУСНОЙ ИНФЕКЦИИ (COVID-19)

Abstract

The article deals with the problematic issues of implementing the procedural rights of participants in proceedings on administrative offenses in the context of restrictive measures aimed at preventing a new coronavirus infection (COVID-19). Attention is drawn to the absence in the Russian Code of administrative offences of the rules establishing the possibility to submit to the court documents in electronic kind, including in electronic form that unreasonably restricts the right to judicial protection of subjects of administrative offenses. It is proposed that the procedural part of the Code of administrative offences of the Russian Federation should be supplemented with a relevant norm providing for the possibility of submitting documents, appeals, and complaints in cases of administrative offences in electronic form. A number of significant problems of legislative regulation and use of modern information technologies of videoconferencing and web conferences in the court session on cases of administrative offenses in the context of the COVID-19 pandemic are highlighted, and ways to solve them are outlined. The author analyzes regulatory acts, materials of the practice of resolving cases of administrative offences by courts, as well as the corresponding provisions of the Concept of the new Code of administrative offences of the Russian Federation.