INSIGNIFICANCE OF THE ACT AS A BASIS FOR EXEMPTION FROM ADMINISTRATIVE LIABILITY: TOPICAL ISSUES OF LAW ENFORCEMENT PRACTICE

Abstract

Abstract:the article deals with topical issues of law enforcement practice of the provisions of article 2.9 of the code of administrative offences, providing for the possibility of exemption from administrative liability on the basis of insignificance of the act. Proposals on the criteria in administrative and court practice on Affairs about administrative offences can be attributed the act to the category of minor, including a list of compositions of administrative offences, which could not apply article 2.9 of the Code of the Russian Federation about administrative offences. Some controversial issues of exemption from administrative liability on the basis of insignificance of the act in the review of cases by courts of General jurisdiction and in arbitration proceedings in cases of administrative offenses are identified. At the same time, the controversial issue of the application of article 2.9 of the administrative Code in the presence of circumstances mitigating administrative responsibility. It is also proposed at the legislative level to establish the legal consequences of the application of oral comments in the release from administrative responsibility and the termination of the proceedings on an administrative offense in the insignificance of the act.