THE CONCEPT AND MEANING OF THE QUALIFICATION OF ADMINISTRATIVE OFFENCES

Boris Zykin

Abstract


In this article, the author focuses attention on problematic problems of qualification of administrative crimes. The author also pays attention to the requirement of improvement of methods of qualification of administrative crimes. Article is relevant as the choice of a measure of punishment depends on qualification of administrative crime. The correct qualification does possible release from administrative responsibility, depends on it. Thus, the mistake in qualification of crime can entail the wrong decision on case of administrative crime. Such error noticed by superior court involves change or cancellation of the resolution. The novelty of a subject is explained with the aspect chosen by the author.

Keywords


administrative liability; administrative offence; qualification of administrative offence; structure of administrative offence

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References


The Russian Federation Code of Administrative Offences (30.12.2001). Federal Law No. 195-FL, in an edition of March 6, 2019. Retrieved March 18, 2019 from http://pravo.gov.ru/

The resolution of the Plenum of the Supreme Court of Arbitration of the Russian Federation of 02.06.2004 No. 10 (ed. by 21.12.2017) “On some issues arising in judicial practice during the consideration of cases about administrative offences”. Vestnik VAS RF, 8.2004.

The Resolution of the Plenum of the Supreme Court of the Russian Federation of June 2, 2018 No. 28 “On some issues arising in the courts when considering administrative cases and cases of administrative offences related to the application of legislation on public events”. Rossijskaya gazeta, 145.2018.

The Resolution of the Plenum of the Supreme Court of the Russian Federation of November 28, 2017 No. 46 “On some issues arising during the consideration of cases by judges on bringing to administrative liability under article 19.29 of the Russian Federation Code of Administrative Offences”. Rossijskaya gazeta, 277.2017.

Tikhomirova, L.A. (2018). Features of the implementation of certain provisions of the Russian Federation Code of Administrative Offences and some problems of law enforcement. Moscow: Consultant Plus. 36 p.




DOI: https://doi.org/10.17770/iss2019.5301

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