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Соотношение контрольного и юрисдикционного производств
The problem of the correlation between supervisory and jurisdictional proceedings in the
work of public administration bodies is relevant both in theoretical and practical perspective
The study of this question, on the one hand, is important for the administrative proceedings
theory. On the other hand it is of evident practical importance for the legal regulation and law
enforcement as control authorities in Russia possess extensive jurisdictional power within the
framework of administrative offences cases.
The ratio of control and jurisdictional proceedings is the core problem of the article. The
author consistently analyzes stages of control proceedings to reveal in each of them elements
of jurisdictional power. He also explores specific characteristics of the activity of supervisory
authorities that are endowed both with conrol power and power to consider cases of
administrative offences. Execution of these competences is a continuous process of supervisory
authorities’ work. This characteristic feature of control activities in modern Russia is exactly
what makes some researchers consider jurisdictional activity of supervisory authorities to be is a
part of control proceedings. However, continuous and stadial exploration of administrative
control process prove the opposite: the process of bringing to justice individuals guilty of
administrative violations who had been brought to justice by way of control actions should not
be considered a stage of administrative control process. The author remarks that control
proceedings evolve into jurisdictional proceedings after supervisory activities have been
completed. Following this stage proceedings dealing with administrative offences are conducted
by a supervisory body within the jurisdictional framework. In the final part of the article the
author comes to a conclusion: even though both bringing to justice and implementing the
restoration of rights are equally the results of the negative assessment of the subject’s activities
subjected to state supervision, they pertain to separate proceedings.