Author

Sevryugin V.E

Title of article

On the concept of the new Сode of administrative offences of the Russian Federation and destruction of the integrity of the institute of administrative responsibility

Section

Section 6. Law enforcement policy

Issue, year

1 (35) 2016

Abstract

The characteristic of the draft of the General part of the RF Code of Administrative Offences introduced to the State Duma of the RF Federal Assembly in January 2015 by deputies A. A. Ageev, D. F. Vyatkin, V. N. Pligin (draft of the Federal law No. 703192-6) is given. All reasonable novels and advantages of the General part of the bill are analyzed from the standpoint of modern understanding and interpretation of the rules of important administrative and legal institute - institute of administrative responsibility. The bill’s drawbacks which don’t allow to bring its content in compliance with the latest developments of administrative and legal science, legal positions of the RF Constitutional Court and new constitutional and legal realities are shown. The issue of the procedural part of the Code (the third part of the bill or the RF Administrative Procedure Code) is not resolved. It’s concluded that the proposed bill is not yet able to ensure the unity of purpose, coherence, internal consistency of legal regulation of the entire complex of social relations that make up the institution of administrative responsibility. Presentation of the Code draft “by parts” makes the integral perception of the future law on administrative responsibility impossible for legal scholars and practitioners and a wide range of readers. As there is no Special part of the bill, the proposed division of administrative offences into gross, serious and less serious is based solely on the evaluation characteristics which aren’t defined in the law. That causes reasonable doubts of law enforcers. 

Keywords

administrative responsibility; administrative and legal institute; administrative offence; legal regulation; bill; code; negative trends; concept.