Procedures as an element of the procedural and legal mechanism for the administration of justice in cases of administrative offences in courts of general jurisdiction
DOI:
https://doi.org/10.17308/vsu.proc.law.2020.4/3166Keywords:
justice, judicial power, proceedings on administrative offenses, administrative offense, administrative jurisdiction, courts of General jurisdiction, procedure, powers, procedural form, administrative Code of the Russian Federation, guarantee of human rightsAbstract
The article deals with judicial procedures as an element of the procedural and legal mechanism of justice in cases of administrative offenses. In this regard, attention is drawn to the need to distinguish this concept from the category of procedural form, which is most often used in the characterization of justice. Revealing the importance of judicial procedures, the article points out that they are an important guarantee of human rights. The further study emphasizes the close relationship between the procedures and the powers of the judge in the administrative-tort process and, with this in mind, classifies the judicial procedures into types. Of particular interest is the author's analysis of the requirements to be met by judicial procedures. In this context, it is concluded that in the current administrative Code of the Russian Federation judicial procedures do not meet the requirements of sufficiency, consistency and clarity. The author expresses hope that these problems will be solved in the new procedural Code regulating the procedure of proceedings in cases of administrative offenses, work on which has been underway since June 2019.









