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Content and Implementation of the Principle of Proportionality in the Legislation on Administrative Offenses of the Russian Federation
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Content and Implementation of the Principle of Proportionality in the Legislation on Administrative Offenses of the Russian Federation
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/S160565900030541-9
Publication type
Article
Status
Published
Authors
Sergey Malakhov 
Occupation: Senior Lecturer, Department of Administrative Law
Affiliation: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Y. Kikot
Address: Moscow, Russia
Valery Kisin
Occupation: Professor, Department of Administrative Law
Affiliation: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Y. Kikot
Address: Moscow, Russia
Edition
Volume 28 No. 6
Pages
80-91
Abstract

In the materials of law enforcement practice and sources of legal scientific literature devoted to public legal liability, there is no conventional approach to defining the content of the terms proportionality and proportionality, which are actively used to designate one or two independent principles of administrative liability. The relevance of understanding these legal categories is caused not only by theoretical, but also by practical significance, expressed in the need to achieve certainty in understanding the requirements of proportionality and proportionality by the subjects of interpretation of legal norms, law enforcers who are guided by this interpretation in their activities.

The purpose of the study is to determine the content of the principle of proportionality in the legislation on administrative offenses of the Russian Federation and to identify problems in its implementation. To achieve this goal, tasks were completed to analyze decisions of the Constitutional Court of the Russian Federation, legal scientific literature, as well as materials from law enforcement practice; researching the content and meaning of the requirements of proportionality and proportionality as components of the principle of administrative responsibility; identifying typical violations of the requirements of proportionality and proportionality in the legislation on administrative offenses.

Research methods — formal legal, systemic and structural and some others used in legal science. The principles of law in the institution of administrative responsibility occupy a central place and are a system-forming element, therefore, in the research process, priority was given to the systemic method.

The main results of the study are conclusions about the structure and content of the principle of proportionality in the legislation on administrative offenses. The structure of this principle includes two requirements: proportionality and proportionality. The content of these requirements is disclosed. Typical violations of the principle of proportionality in the legislation on administrative offenses have been identified, and recommendations have been formulated for their prevention.

Keywords
legislation on administrative offenses, sanctions, administrative liability, criminal liability, principles of law, proportionality, proportionality, interpretation of legal norms, Constitutional Court of the Russian Federation, measures to ensure proceedings in cases of administrative offenses
Date of publication
07.06.2024
Number of purchasers
2
Views
93
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

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