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Defects in the Mechanism of Prevention of Administrative Offenses in the Context of the Reform of Control and Supervisory Activities
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Defects in the Mechanism of Prevention of Administrative Offenses in the Context of the Reform of Control and Supervisory Activities
Annotation
PII
S1605-65900000622-5-1
Publication type
Article
Status
Published
Authors
Anastasia Karitskaya 
ORCID: 0009-0000-1141-4813
Occupation: Counsellor, Secretariat of the Constitutional Court of the Russian Federation; Junior Researcher, Law Faculty, SPbSU
Affiliation: Saint-Petersburg State University, St. Petersburg, Russia
Edition
Volume 28 No. 7
Pages
148-160
Abstract

The legislation on administrative responsibility establishes a special mechanism for the prevention of administrative offenses by introducing a submission on the elimination of the causes of administrative offenses and the conditions for their commission. The relevance of scientific understanding of this mechanism and assessing its relationship with other administrative-law preventive measures is dictated by the planned reform of administrative legislation, as well as by the fact that some issues related to the implementation of this mechanism have not been unambiguously resolved in statutes, law enforcement practice and doctrine. The purpose of the study is to identify regulatory and law enforcement problems of the mechanism for the prevention of administrative offenses in order to determine the prospects for its improvement, including taking into account the reform of control and supervisory activities. The objectives of the study include: analysis of the provisions of legislation defining the procedure for making the specified submission and its content; study of relevant law enforcement practice; determination of the place of the mechanism in question in the system of measures to prevent violations of regulatory requirements. Research methods: general scientific (analysis, synthesis, system method) and special (formal legal, comparative legal) methods. Much attention was paid to the analysis of the approaches developed in law enforcement practice, which are illustrated by specific examples. The conducted research has demonstrated that the mechanism for the prevention of administrative offenses provided for by the legislation on administrative responsibility is characterized by noticeable defects (uncertainty of the content of the submission, arbitrary choice of its addressees, etc.), which are generated by imperfect statutory regulation, contradictory law enforcement practice, as well as the lack of the necessary theoretical basis. In terms of assessing compliance with mandatory requirements, this mechanism essentially competes with preventive measures enshrined in the control and supervisory regulation. In this regard, in order to optimize the system of administrative enforcement measures, it is proposed to exclude the possibility of introducing a submission on the elimination of the causes of an administrative offense and the conditions for its commission to persons whose activities are evaluated within the framework of control and supervisory activity.

Keywords
prevention of administrative offenses, the submission on eliminating the causes of administrative offenses and the conditions for their commission, prevention of violations of mandatory requirements, control and supervisory activities
Date of publication
17.07.2024
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0
Views
21
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References



Additional sources and materials

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