Assessment of the Significance of Violations in Cases of Administrative Responsibility for Non-compliance of the Order of Control (Supervisory) Authorities in a Court of General Jurisdiction

The article is devoted to the discussion of approaches to addressing the issue of the admissibility of using evidence in administrative liability cases for non-compliance with the orders of control (supervisory) authorities in the courts of general jurisdiction, which have procedural irregularities. Based on the analysis of theoretical provisions, current legislation regulating relations in the field of control (supervisory) proceedings, and judicial practice materials, the author substantiates the necessity of applying a differentiated approach to assessing the admissibility of evidence in this category of cases. Conclusions are drawn regarding the need for classifying law violations by an official of the control (supervisory) authority when receiving evidence as substantial and insubstantial, remediable and irremediable, and recommendations for improving legislation in this area have been formulated.

Authors

Publication Details

Journal
Rossijskoe pravosudie
Published
2024-08-19
DOI
https://doi.org/10.37399/issn2072-909x.2024.9.49-56
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Assessment of the Significance of Violations in Cases of Administrative Responsibility for Non-compliance of the Order of Control (Supervisory) Authorities in a Court of General Jurisdiction

Olga E. Selkhova
Rossijskoe pravosudie
European and International Law Studies
article

Assessment of the Significance of Violations in Cases of Administrative Responsibility for Non-compliance of the Order of Control (Supervisory) Authorities in a Court of General Jurisdiction

Olga E. Selkhova
article en

Abstract

The article is devoted to the discussion of approaches to addressing the issue of the admissibility of using evidence in administrative liability cases for non-compliance with the orders of control (supervisory) authorities in the courts of general jurisdiction, which have procedural irregularities. Based on the analysis of theoretical provisions, current legislation regulating relations in the field of control (supervisory) proceedings, and judicial practice materials, the author substantiates the necessity of applying a differentiated approach to assessing the admissibility of evidence in this category of cases. Conclusions are drawn regarding the need for classifying law violations by an official of the control (supervisory) authority when receiving evidence as substantial and insubstantial, remediable and irremediable, and recommendations for improving legislation in this area have been formulated.

Rossijskoe pravosudie(9)
Openalex Percentile: Top 74%
European and International Law Studies
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Assessment of the Significance of Violations in Cases of Administrative Responsibility for Non-compliance of the Order of Control (Supervisory) Authorities in a Court of General Jurisdiction — Olga E. Selkhova · Rossijskoe pravosudie (2024) | TGRS Research Map | TGRS