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The importance of the principles of proceedings in cases of administrative offenses and the form of their consolidation
Author(s) -
Artem Nobel
Publication year - 2022
Publication title -
administrativnoe i municipalʹnoe pravo
Language(s) - English
Resource type - Journals
ISSN - 2454-0595
DOI - 10.7256/2454-0595.2022.1.30812
Subject(s) - legislation , political science , constitution , normative , law , administrative law , consolidation (business) , convention , objectification , business , accounting
The subject of the article is the norms of legislation on administrative offenses: the Code of the Russian Federation on Administrative Offenses, the Constitution of the Russian Federation, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 04.11.1950, regulating the principles of proceedings in cases of administrative offenses. The author carried out a comparative analysis of scientific views on the ways and forms of fixing the principles of proceedings in cases of administrative offenses, as well as the relationship of the concepts of "rule of law" and "legal principle". The methodological basis was made up of general scientific methods of cognition: analysis, synthesis, comparison and private scientific methods of cognition: formal legal, comparative legal. The author notes the special position of the principles of proceedings in cases of administrative offenses as regulatory entities and comes to the conclusion about their importance for the regulation of proceedings in cases of administrative offenses. The article substantiates the position on the need to distinguish between the legal principles of proceedings in cases of administrative offenses, enshrined in the legislation on administrative offenses and the principles of a non-legal nature existing in the science of administrative law. The opinion is expressed that the objectification of the principles of proceedings in cases of administrative offenses in the legislation on administrative offenses is carried out through textual and semantic methods of normative expression.

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