Proceedings in Courts on Cases of Administrative Offenses as an Integral Part of Administrative Proceedings

Abstract

Introduction. The consideration by the courts of cases of administrative offenses is an essential part of the administrative judicial process and acts as one of the means of combating these offenses, as well as ensuring the legality of bringing individuals and legal entities to administrative responsibility. Meanwhile, the procedural and legal nature of the resolution by the courts of cases involving individuals and legal entities to administrative responsibility and cases of challenging decisions and decisions made in cases of administrative offenses (administrative proceedings or administrative jurisdiction) has not yet been clearly defined. In the context of the inconsistency of the current regulatory and legal regulation of the activities of courts of general jurisdiction and arbitration courts for the resolution of cases of administrative offenses referred to their competence, the question of the procedural and legal qualification of this activity becomes particularly relevant. Theoretical Basis. Methods. The theoretical basis of the research was the works of Russian legal scholars on the theory of justice, administrative proceedings, proceedings on administrative offenses, as well as normative material contained in the le¬gislation on administrative responsibility and administrative proceedings that were in force earlier and in force now. The main research methods used were the method of formal-legal analysis of normative legal acts and the historical-legal method. Results. It is stated that the institution of judicial review of cases of offenses (misdemeanors) that are not recognized as crimes originated in the Russian state in the XVIII century and then evolved throughout the XIX and XX centuries. It is shown that historically two forms of court resolution of cases of administrative offenses have been formed: consideration of cases on bringing individuals and legal entities to administrative responsibility and consideration of cases on appeal (challenging) decisions and decisions made by administrative bodies or lower courts in cases of administrative offenses. The absence of uniform approaches to understanding the legal nature of judicial acti¬vity in resolving cases of administrative offenses in the domestic procedural and legal science has been revealed. It is established that this activity is considered from two positions: as the administration of justice in the form of administrative proceedings and as the implementation, together with administrative bodies, of a separate independent complex administrative and jurisdictional proceedings. The inconsistency of the fe¬deral legislative acts currently in force regulating the consideration by courts of cases arising from administrative legal relations in terms of the procedural and legal qualification of judicial proceedings in cases of administrative offenses is noted. Discussion and Conclusion. As a result of the conducted research, conclusions are formulated that the proceedings in cases of administrative offenses in all courts that are part of the judicial system of the Russian Federation represent the administration of justice in the form of administrative proceedings and are subject to regulatory se¬paration from extrajudicial (administrative) proceedings in these cases.