Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


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Russian
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Article
UDC: 
342.51

The Principles of Justice and Equality in the Area of Administrative Responsibility

Autors: 
Nudenko P. V., State Budgetary Institution of Moscow "Youth Center of SVAO"
Abstract: 

Introduction. The article is devoted to the actual concern of determining the content not enough elaborated in the science of administrative law principles of justice and equality in the sphere of administrative responsibility. Purpose. To open the contents of the principles of justice and equality through the analysis of the Constitution of the Russian Federation, the Administrative code of the Russian Federation and the resolutions of the Constitutional Court of the Russian Federation. Results. The article is the first in the science of administrative law allocated to legal positions of the Constitutional Court of the Russian Federation concerning the content of the principles of justice and equality in the sphere of administrative responsibility. Conclusion. In the article to draw a conclusion about the interdependence of both principles and their realization in such criteria, as a necessity, adequacy, and proportionality. The criteria of necessity suppose elucidation: all the circumstances of the case and the compliance of the circumstances of the case the regulations of the Administrative code of the Russian Federation; to reveal the reasons and conditions which led to commitment of administrative offences for determining the presence of signs of administrative offences. Adequacy and proportionality means: compliance of punishment to the circumstances, causes and conditions of the offence; the punishment within the limits established by the Administrative code of the Russian Federation or the law of the subject of the Russian Federation about administrative responsibility, stipulating responsibility for that act.

Reference: 
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Received: 
20.11.2013
Accepted: 
19.12.2013