The Concept and Content of the Principle of Immediacy and Guarantees of its Implementation in Administrative Proceedings

Abstract

The author elucidates the concept and content of the principle of immediacy and guarantees of its implementation in administrative proceedings. The analysis of the Code of Administrative Offences of the Russian Federation, the Arbitrazh Procedural Code of the Russian Federation, the standings of higher courts and law enforcement practice allows us to determine the elements of the principle of immediacy in administrative proceedings. Their systematic consideration indicates the need to consolidate this principle in the Code of Administrative Offences of the Russian Federation and eliminate the shortcomings contained in the current legislation. The principle of immediacy in administrative proceedings is defined as procedural requirements, expressed in the fact that the circumstances included in the standard of proof and relevant to the case can be established by evidence, the content of which was investigated during the case consideration according to personal perception of the participants (subjects) of administrative jurisdiction with the provision of equal rights to participants in the proceedings in their study, discussion and analysis by means of mandatory verbalization.