The Ways to Improve the Legislation on Administrative Responsibility: the Experience of Russia and the CIS Member States
On the basis of the analysis of the laws on administrative violations of the CIS member states, the article identifies trends in the development of the institution of administrative responsibility, as well as defines a number of directions for improving the Russian legislation in the field under consideration. Thus, the author connects the development and preparation of the Concept of the new Code of the Russian Federation on administrative offenses with the beginning of a gradual reform of the entire system of relations associated with administrative responsibility, and this should touch upon the foundations of the existing paradigm of the administrative legal regulation. The author’s analysis of the legislation of the CIS states raises the question of advisability of introducing the following concepts and institutions into the Code of Administrative Offenses of the Russian Federation: concepts of administrative violation, administrative responsibility, specification of their principles; necessary defense as a circumstance excluding administrative responsibility; exemption from administrative responsibility in connection with reconciliation with the injured person; suspension of administrative misconduct proceedings; conditional application of an administrative fine; complicity in an administrative offense; administrative and legal measures applied on a par with measures to ensure the proceedings in cases of administrative offenses; institute of additional legal consequences of violation.