Legislative Reform on Administrative Responsibility

Abstract

Draft laws introducing significant changes to the institution of administrative responsibility have significant shortcomings. They only declare their connection with the previously published Concept of the new Code of the Russian Federation on Administrative Offenses. The legal nature of the activities of judges carrying out proceedings on administrative offenses has not been determined. Allegedly, the legislation on administrative responsibility has been brought into conformity with the Constitution of the Russian Federation. There is a lack of consistency in filling out legal gaps and conflicts in regulating the procedure for bringing toadministrative responsibility and applying measures to ensure administrative proceedings against persons with special legal status. The new definition of an administrative offense is criticized. The arguments in favor of the term “public danger” are considered. Attention is drawn to the need to take into account in the legislation on administrative responsibility the private and private-public procedures for initiating cases of administrative offenses.