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Regular version of the site
Of all publications in the section: 2
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Article
Esakov G., Коробеев А. И. Pacific RIM. Economics. Politics. Law. 2013. No. 1. P. 101-113.
Added: Dec 20, 2013
Article
Панова И. В., Панов А. Б. Азиатско-тихоокеанский регион: Экономика, политика, право. 2019. № 3. С. 105-134.

Abstract. The article considers topical problems of the institution of administrative responsibility. The authors state that in its historical development this institution has passed several stages in Russia. The existence of different systems of administrative responsibility measures as well as the mechanism of their purpose and application is defined and analyzed at every stage. Characteristic features and differences of administrative responsibilities from other kinds of legal responsibility, its definition and their dynamics in a historical context are disclosed in the article. The research proves the conclusion concerning the absence in the reviewed genesis of common approaches to the issues of legal regulation and implementation of administrative responsibility, the absence of institutional unity as a whole. At the same time, development of administrative proceedings is specially determined and emphasized in the text. In the context of determining the modern stage of the development of the institution of administrative responsibility special attention is paid mainly to the problems of implementing the administrative and tort legislation by courts of general jurisdiction and by courts of arbitration; the ways of solving these problems are also suggested. The problems raised by the authors concern in particular the issues of definition and qualification of insignificance and continuing administrative offense, guilt of a legal entity, status of the legal representative of the legal entity in the proceeding of administrative violations as well as the problem of bringing the state executive bodies to administrative responsibility. A special analysis underwent the problems of the absence, at the legislative level, of the definition of administrative responsibility and consistency in the federal segment of the administrative and tort legislation; amendments to the Code of the Russian Federation on administrative violations are also suggested. As for the drawbacks of administrative and punitive policy of the state the authors point to the problems of imposing administrative punishment which is lower than the lowest limit and the absence of proper conformity in the dimensions of administrative fines. Among the drawbacks of the main administrative and tort law of Russia considered in detail in this paper is the absence of provisions defining the order of appeal of the imposed preventive measures as well as the problem of the possibility of appeal in general, and the problem of interim procedural acts of administrative responsibility. Special attention is paid to the problem of the jurisdiction of cases on bringing to administrative responsibility and the order of their retrial. In addition to the private offers of legislative character, the article presents the authors conception of improving the development of legislation on administrative responsibility in several directions including the procedure and implementation of administrative punishment.

Added: Mar 18, 2020