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Актуальные проблемы административной ответственности // 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.