Acts of investigation of detected violations as an integral part of the evidentiary significance for initiating administrative cases by public prosecutors
The article deals with problems that arise in administrative practice when initiating administrative proceedings by public prosecutors. Public prosecutors do not adopt acts of investigation of detected violations, which is a gap in the legislation and creates insurmountable obstacles to the right of legal entities as participants in administrative legal relations to the protection of their interests. An act can serve as evidence in administrative cases. A public prosecutor as a participant in administrative proceedings establishes the facts of violations. The right of a legal entity to get acquainted with the results of investigation, to submit documented objections to protect their interests must also be respected. It is necessary to grant heads of legal entities the right to use Part 2 of Article 46 of the Constitution of the Russian Federation, thereby restoring the balance of rights and interests of a participant in administrative proceedings. Having considered problems that arise in administrative practice when initiating administrative proceedings by public prosecutors, the author of the article concludes that law enforcement and judicial practice will face the problem of terminating administrative proceedings in connection with the absence of the event of an offence if the procedure for adopting acts of investigation of detected violations by public prosecutors is not established at the legislative level