Legal Status of the Prosecutor in Proceedings in Cases of Administrative Offenses: Gaps in Legislative Regulation

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Abstract

Purpose of the study. In accordance with the current legislation, the prosecutor has a special administrative and legal status as a participant in proceedings on administrative offenses, as well as as a subject of administrative prosecution. Nevertheless, the current legislation governing the legal provisions of the prosecutor in the framework of proceedings on administrative offenses is characterized by the presence of gaps and calls. The purpose of the study is to identify the problems of legal regulation of the participation of the prosecutor in the proceedings on administrative offenses, to develop ways to solve them. Conclusions. Legislation regulating the legal provisions of the prosecutor in the framework of proceedings on administrative offenses is characterized by a number of legal gaps. The law does not disclose the subject and list of grounds for the mandatory participation of the prosecutor in the consideration of the case. In addition, it is legally necessary to determine the concept and content of the conclusion that the prosecutor has the right to give in the case of an administrative offense, and to determine the mandatory requirements for its form.

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About the authors

Nikolai Andreevich Kulakov

St. Petersburg University of the Ministry of Internal Affairs of Russia

Email: 2-kvadrat@mail.ru
Cand.Sci.(Law), Associate Professor; Associate Professor of Administrative Law Department St.Petersburg, Russian Federation

Stanislav Aleksandrovich Moskalenko

St. Petersburg University of the Ministry of Internal Affairs of Russia

Email: qwerty22dj8@yandex.ru
Cand.Sci.(Law); Senior Lecturer of Administrative Activities of Internal Affairs Bodies Department St.Petersburg, Russian Federation

Anatoliy Borisovich Dudayev

Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin

Email: dudaev.anatol@yandex.ru
Cand.Sci.(Law), Associate Professor; Associate Professor of the Administrative and Legal Disciplines Department Belgorod, Russian Federation

References

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  2. Golovko I.I. On the issue of determining the subject of the prosecutor's activity to protect labor rights and freedoms of citizens in civil proceedings//Criminalist. 2013. № 1 (12). pp. 84 - 90.
  3. Kazantsev S.M. Prosecutor's Office of the Russian Empire: historical and legal research: author. dis.... Dr. Jurid. sciences. St. Petersburg, 2003. pp. 19 - 25.
  4. Lomakin V.I. Participation of the prosecutor in the consideration of cases of administrative offenses by judicial bodies//Bulletin of South Ural State University. 2006. № 5 (60). pp. 285 - 293.
  5. Subanova N.V. The emergence and development of the powers of the prosecutor to initiate an administrative offense case: historical and legal aspects//Bulletin of the Academy of the General Prosecutor's Office of the Russian Federation. № 4 (60). 2017. pp. 43 - 48.

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