Institution of Proceedings on Administrative Offences Based on Private Rulings by Courts Hearing Civil and Administrative Cases

If a court reveals signs of a crime when it considering a civil or administrative case, it is obliged to inform law enforcement agencies about this. But if the court finds signs of an administrative offense, then it is not obliged to do this. He must make a private determination. But a private determination and information about a crime are not the same. According to the author, the texts of the Civil Procedure Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and the Arbitration Procedural Code of the Russian Federation should be changed. They should indicate that the courts are obliged to inform the authorities about cases of administrative offenses, without private determination.

Authors

Publication Details

Journal
Arbitrazh-civil procedure
Published
2024-11-07
DOI
https://doi.org/10.18572/1812-383x-2024-11-25-30
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Institution of Proceedings on Administrative Offences Based on Private Rulings by Courts Hearing Civil and Administrative Cases

Natalya A. Morozova
Arbitrazh-civil procedure
Legal and Policy Issues
article

Institution of Proceedings on Administrative Offences Based on Private Rulings by Courts Hearing Civil and Administrative Cases

Natalya A. Morozova
article en

Abstract

If a court reveals signs of a crime when it considering a civil or administrative case, it is obliged to inform law enforcement agencies about this. But if the court finds signs of an administrative offense, then it is not obliged to do this. He must make a private determination. But a private determination and information about a crime are not the same. According to the author, the texts of the Civil Procedure Code of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and the Arbitration Procedural Code of the Russian Federation should be changed. They should indicate that the courts are obliged to inform the authorities about cases of administrative offenses, without private determination.

Arbitrazh-civil procedure
Openalex Percentile: Top 48%
Legal and Policy Issues
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