Table of contents (expand)
- Public administration: basic concepts, management system, its features
- Social management: state and public
- Goals and functions of management, their classification. Management cycle
- Principles of organizing the activities of government bodies
- Public administration bodies: concept and functions
- Rule-making, regulation and control of public administration bodies
- Executive power
- Signs of executive authorities
- Constitutional principles for exercising the functions of executive power
- The concept of the branch of administrative law, its sources
- The subject and method of the branch of administrative law
- System of branch of administrative law
- Correlation of administrative law with other branches of law
- Science of administrative law
- Administrative law as an academic discipline and as a branch of legislation
- The mechanism of administrative and legal regulation
- Administrative and legal norms: concept and structure
- Classification of administrative and legal norms
- Implementation of administrative and legal norms
- The concept of administrative legal relations
- Signs of administrative and legal relations
- Elements and content of administrative-legal relations
- Classification of administrative legal relations
- Administrative and legal status of citizens. Citizenship
- Individuals as participants in administrative and legal relations
- Administrative and legal status of foreign citizens and stateless persons
- Executive authorities: concept, classification and system
- The system of federal executive bodies
- Structure of federal executive authorities
- Powers of the President of Russia in the sphere of executive power
- General powers of the government of the Russian Federation to exercise executive power
- Special powers of the government of the Russian Federation for the exercise of executive power
- Powers of the executive authorities of the constituent entities of the Russian Federation
- Powers of state institutions, administrations of local governments, organizations
- Civil service and employees: the concept and classification of positions
- Rights of civil servants
- Responsibilities of civil servants
- Restrictions and prohibitions related to the civil service
- Principles of civil service, requirements for official behavior of an employee
- Administrative offense: concept and signs
- Composition of an administrative offense
- Administrative responsibility: concept and common features
- Features of administrative responsibility
- Administrative punishment: concept, types and characteristics
- General rules for imposing an administrative penalty
- Liability of legal persons
- The concept of discipline and disciplinary responsibility
- Material liability
- Administrative process: concept and content
- Administrative process: features, content and principles
- Stages of the administrative process
- Proceedings in cases of administrative offenses
- Types of individual administrative cases and types of administrative proceedings
- Administrative jurisdiction
- Ways to ensure the rule of law and discipline
- Prosecutorial and administrative types of supervision
- Appeal against actions (decisions) of state bodies
- State bodies in the field of economic activity
- The system of executive authorities in the field of agriculture (agriculture)
- Powers of the Government and the Ministry of Transport of the Russian Federation in the field of transport
- The system of federal executive authorities in the field of transport
- The system of executive authorities in the field of industry, energy and communications
- The system of executive authorities in the field of industry, energy and communications (continued)
- Executive authorities in the field of financial relations
- The system of executive authorities in the field of education and science
- The system of executive authorities and the administrative and legal framework for regulating relations in the field of culture
- The system of executive authorities in the field of health and social development
- The system of executive authorities in the field of state defense management
- The system of executive authorities in the field of security
- The system of executive authorities in the field of internal affairs
- The system of executive authorities in the field of justice
- The system of executive authorities in the field of foreign affairs
52. PROCEEDINGS ON CASES ON ADMINISTRATIVE OFFENSES
Purpose of administrative proceedings - timely, complete and objective clarification of the circumstances of the case, its resolution in strict accordance with the law and ensuring the timely and accurate execution of the decision.
Circumstances excluding proceedings in a case of an administrative offense. Proceedings regarding an administrative offense cannot be started, and the started proceedings must be terminated if at least one of the following circumstances exists:
1) the absence of an event and elements of an administrative offense;
2) the person did not reach the age of 16 at the time of committing the administrative offense;
3) irresponsibility of a person who has committed an unlawful act or inaction;
4) act of a person in a state of emergency or necessity of defense;
5) issuance of an amnesty act, if it eliminates the application of an administrative penalty;
6) cancellation of the act establishing administrative responsibility;
7) expiration by the time of consideration of the case of an administrative offense of the terms provided for by law (two months);
8) the presence, on the same fact, in relation to the person brought to administrative liability, of a resolution of the competent body (official) to impose an administrative penalty or an unreversed decision of a comrades’ court, if the materials were transferred on a legal basis, as well as the existence of a criminal case on this fact;
9) death of the person against whom proceedings were initiated. Cases of administrative offenses are considered openly.
In order to ensure the legality of administrative proceedings in cases of administrative offenses The prosecutor has the right:
▪ initiate proceedings regarding an administrative offense;
▪ participate in the consideration of a case of an administrative offense, submit petitions, give opinions on issues arising during the consideration of the case;
▪ lodge a protest against decisions in a case of an administrative offense, regardless of participation in the case, as well as perform other actions provided for by the Federal Law.
The prosecutor must be notified of the place and time of the consideration of the case on an administrative offense committed by a minor, as well as the case on an administrative offense initiated at the initiative of the prosecutor.
Proceedings in cases of administrative offenses are regulated by the norms of Sec. 4 of the Code of Administrative Offenses of the Russian Federation.
Author: Chetverikov V.S.
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