The Constitution of the Russian Federation implies the need for the State to exercise a control function, which, in particular, is implemented within the framework of control and supervisory proceedings, as well as the regulation of the procedure for bringing to public liability, including proceedings on an administrative offence. These types of administrative activities are interconnected, which implies the need to distinguish them on the basis of constitutional provisions. Such an approach would allow resolving the existing contradictions in the relevant part of the administrative-procedural regulation and ensuring the uniformity of law enforcement practice, including through the establishment of discretion criteria, which is manifested in the choice by an authorised official of the procedural form for detecting a violation of a mandatory requirement. In addition, the constitutional principles of legal certainty, proportionality, trust in the actions of the State and others dictate the requirements for the harmonisation of legislation on control and supervisory activities and legislation on administrative offenсes, without which both the implementation of guarantees for the protection of the rights of controlled persons and the effectiveness of the activities of state authorities are at risk.
Translated title of the contributionCONSTITUTIONAL FOUNDATIONS OF DIFFERENTIATION OF CONTROL AND SUPERVISORY PROCEEDINGS AND PROCEEDINGS ON ADMINISTRATIVE OFFENCES
Original languageRussian
Pages (from-to)187-196
JournalЗАКОН
Issue number5
StatePublished - May 2023

    Research areas

  • constitutional principles, CONTROL AND SUPERVISORY PROCEEDINGS, PROCEEDINGS ON ADMINISTRATIVE OFFENCES, CONTROL AND SUPERVISORY ACTIVITY

    Scopus subject areas

  • Law

ID: 105311033