Principles of administrative responsibility: current issues

The subject of the study is the concept of the principles of administrative responsibility, as well as the problems and trends of their provision in the context of active reform of domestic legislation on administrative responsibility. Taking into account the fact that the institution of administrative responsibility should be based on the general principles of public administration and legal responsibility, the author considers the principles of administrative responsibility as a fundamental element of public legal responsibility. The principles of administrative responsibility are studied by the author from the standpoint of highlighting the principles of establishing and applying administrative responsibility as principles of a more specific order. The subject of the study also includes the formation of a correlation of such concepts as: principles of administrative responsibility, principles of legislation on administrative offenses, principles of proceedings in cases of administrative offenses. They are studied by the author in the context of a comparative legal analysis of the provisions of the current Code of Administrative Offences of the Russian Federation and individual drafts of the Code of Administrative Offences of the Russian Federation. When working on the topic, the following research methods were used: comparative law, methods of systematic and comparative analysis, methods of legal formalization, structuring and classification. The main conclusions of the study are the following: 1) the list of principles of administrative responsibility can be recognized by a system in which different types of principles have been prioritized and significant in different historical periods; 2) with regard to the principles of administrative responsibility, the principles of establishing administrative responsibility and the principles of applying administrative responsibility should be distinguished (the first group of principles is addressed to the legislator, the second group of principles is enshrined in the legislation on administrative offenses and is used by bodies and persons within the framework of specific procedures for bringing to administrative responsibility); 3) as the basic principles of administrative responsibility, it is necessary to highlight: legality; equality of persons brought to administrative responsibility before the law; personalization of administrative responsibility; presumption of innocence; justice. A special contribution of the author to the research of the topic is an overview of the consolidation of the principles of administrative responsibility in the projects of the Administrative Code of the Russian Federation. It is concluded that it is necessary to consolidate the principles of administrative responsibility in the updated legislation on administrative offenses.

legal principles, administrative responsibility, administrative offense, legal institution, legality, equality, the presumption of innocence, administrative jurisdiction, individualization of punishment, liberalization of administrative responsibility