The author, considering the norms of the Constitution of the Russian Federation, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Code of Administrative Offenses of the Russian Federation, the practice of the Constitutional Court of the Russian Federation and the European Court of Human Rights, suggests a system of material and procedural principles for administrative proceedings. The place of the system of principles of proceedings on the cases of administrative offences, their significance and functions are justified through the prism of the concept of a legal regulation mechanism. The article concludes that the system of material and procedural principles is an element of the mechanism of legal regulation of proceedings on the cases of administrative offences, which, as a result of direct or indirect impact, regulates public relations in the field of bringing to administrative responsibility, outlines the circle of subjects of proceedings on the cases of administrative offences, their rights and obligations, determine or directly embodied in the content of the procedural decisions. In the course of the study, the definition of the concept of the mechanism of legal regulation is given, the content of the principles included in the selected system, the features of their action at each stage of the mechanism of legal regulation of proceedings on the cases of administrative offences are examined.
|
