A Universal Definition of Procedural Inspection as a Measure to Enforce the Proceedings in Administrative Cases: The Legal Essence and Problems of Legislative Regulation

Abstract

The paper is devoted to the problems of applying such a security measure in cases of administrative offenses as inspection. The author explores the essence and potential of inspection as a procedural means of recording and documenting evidence in the framework of proceedings on administrative offenses. The current administrative procedure legislation provides for two types of inspections: inspection of the place of commission of an administrative offense (Article 28.1.1 of the Code of Administrative Offences of the Russian Federation) and inspection of premises, territories and objects located on them belonging to a legal entity or individual entrepreneur (Article 27.8 of the Code of Administrative Offences of the Russian Federation). At the same time, the content of these procedural actions, their procedural goals and grounds for application are not clearly defined in the law. In addition, the legal regulation of the inspection as a procedural action in the framework of an administrative case leaves open the question of all possible objects of such an inspection. Currently, the peculiarities of the legal regulation of the inspection do not allow the appropriate measure to be applied in all necessary cases. Moreover, its application carries high risks of recognizing the results obtained during the examination of the case as inadmissible evidence. As a solution to the above problems, it is proposed to consolidate in the administrative legislation a single unified concept — procedural inspection. Developing this proposal, the author provides the definition of a procedural inspection, develops general procedural requirements for its conduct. In addition, the paper substantiates the thesis about the need for special legal regulation and consolidation of special procedural requirements for conducting a procedural inspection of web pages (pages in information and telecommunications networks, including the Internet).