Exonerative and Non-Exonerative Grounds for Administrative Offense Case Dismissal

Abstract

In the paper, the author proposes to divide all the circumstances entailing the termination of proceedings in a case of an administrative offense into three groups. The first unites grounds that should be regarded as irremediable procedural obstacles and in the presence of which this particular proceeding is impossible due to procedural obstacles, but at the same time, the issue of the offender’s responsibility can be resolved in another case. In the second group, the author proposes to include grounds resulting in impossibility of holding a person liable due to the lack of cause. The dismissal of the proceedings under these circumstances makes reopening of the case impossible; at the same time the innocence of the person is considered established. The third group includes grounds in the presence of which the offender, whose guilt is established, is released from the obligation to undergo punishment, while the conclusion about the illegality of his actions remains valid.The author believes that the lack of legislative regulation of this issue generates legal disputes and may negatively affect the effectiveness of the protection of the rights of persons against whom a case on administrative liability has been unreasonably initiated.