Author

NIKONOROV E.A.,  SIDOROV E.T.

Title of article

SOME PROBLEMS OF THE APPLICATION OF NORMS OF THE INSTITUTE OF EXEMPTION FROM ADMINISTRATIVE RESPONSIBILITY

Section

Section 8.  Improving law enforcement practice

Issue, year

4 (42) 2017

Abstract

Under certain conditions, the institute of exemption from administrative responsibility has not less effective impact on the person who has committed an administrative offence, than the administrative punishment. The article presents the results of the analysis of the current administrative  legislation that determines the grounds and conditions for the exemption from administrative responsibility. The authors examine both the history of the development of the institution of exemption
from administrative liability in the Russian Federation and its current state. The legal nature of the grounds for the exemption from administrative responsibility is examined. The comparative analyses of
these grounds with the circumstances that exclude the legal responsibility is conducted. The authors come to the conclusion about the necessity of improving the administrative legislation with the aim of
establishing the clear rules for the application of this institution’s legal rules. The proposals for amending a number of articles, in particular 6.8, 6.9, as well as 24.5 of the Code of Administrative Offences of
the Russian Federation are made.

Keywords

administrative responsibility; administrative offence; administrative proceedings; exemption from administrative responsibility; circumstances excluding the administrative responsibility; necessary defence.