LEGAL CUSTOM AS THE ORIGINAL SOURCE OF THE PRINCIPLE OF FEDERALISM IN ADMINISTRATIVE RESPONSIBILITY

The article considers the process of formation and development of the principle of federalism in administrative responsibility in the Russian law up to 1993. It is established that there was no general sanctioning of regulation of administrative responsibility in the subjects of the USSR and RSFSR up to 1928. Normative legal acts of the RSFSR, usually considered as an embodiment of the genesis of the legislation of the subjects of the federation on administrative offences, in reality were addressed to territorial entities not belonging to the subjects of the RSFSR – autonomous republics. It is proved that the principle of federalism in administrative responsibility arises due to the legal custom that has developed in the law-making and law enforcement activities of the autonomous republics. The custom was confirmed by legislative acts of the USSR and the RSFSR, which specifically sanctioned the competence of the Union republics and autonomous republics within the RSFSR in certain administrative and tort relations. The principle of federalism in administrative responsibility was finally sanctioned only in 1928 at both the union and all-Russian levels.