Investigation of the purpose, functions and tasks of proceedings in cases of administrative offenses

Abstract

The object of the study is the general purpose and function, as well as the tasks of the proceedings in cases of administrative offenses. The interdependence and relativity of the concepts of "purpose" and "task" of proceedings in cases of administrative offenses cause difficulties in establishing their distinctive features and mutual differentiation, and therefore the issue of defining these categories in the science of administrative law is currently debatable. For this reason, the works of prominent Russian jurists such as D. N. Bakhrah, V. V. Dorokhin, S. D. Mogilevsky, A. Y. Yakimovich, revealing the content and essence of these concepts from different sides, formed the subject of this study. The specificity of the research object was a decisive factor in determining the research methodology. In preparing the article, a set of general scientific and private scientific methods was used, including the method of system analysis, which ensured the validity of the author's judgments, suggestions and recommendations. Within the framework of a systematic analysis, directing the research process from a complex to a simpler manifestation of the object of research, the author, based on the patterns of formation of tree-like hierarchical structures, reveals the content of the above concepts in an original way, defines the general law-restoring nature of production, identifies the law enforcement stages in it, as well as the goals and special tasks of each stage. As a result of the research, the author's version of Article 24.1 of the Code of Administrative Offenses of the Russian Federation is proposed, which establishes a legal definition of the purpose of proceedings in cases of administrative offenses. Proposals for improving the current legislation indicate the applied significance of this study, while some conclusions and theoretical generalizations of the author can be used to conduct further research in this direction.