Open AccessProblems Encountered by Judges of the Courts of General Jurisdiction in Preparing for the Examination of Administrative Offenses
Author(s) -
Natalya A. Nobel
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.125.4.033-038
Subject(s) - jurisdiction , appeal , russian federation , law , political science , referral , administrative law , jurisprudence , constitutional court , constitution , business , medicine , economic policy , family medicine
The paper is devoted to the issues raised by judges of courts of general jurisdiction in the process of preparation for the consideration of administrative offenses. The author highlights the substantive and formal side of the procedural activity of the judge of the court of general jurisdiction at this stage. The current Code of the Russian Federation on Administrative Offences, unlike other procedural codes, carries out fragmentary legal regulation of this issue. The Code on Administrative Offences of the Russian Federation does not contain provisions on the possibility of appealing against (challenging of) the judge’s determination concerning referral of an administrative offense case to proper jurisdiction. The author, on the basis of constitutional provisions, jurisprudence of the Constitutional Court of the Russian Federation, argues the stance that determinations on the transfer of administrative cases to proper jurisdiction are subject to an independent appeal (challenge). It is proposed to supplement Art. 29.4 of the Administrative Code of the Russian Federation with provisions stipulating an opportunity for interested persons to appeal (to challenge) the determinations concerning referral of administrative offenses to proper jurisdiction.