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The reexamination stage of the passed rulings and decisions on cases of administrative legal violations from the perspective of the principle of legal certainty
Abstract.The subject of this research is the legal norms of the Article 30 of the Code of the Russian Federation on Administrative Offenses, which regulates reexamination of the rulings and decisions on administrative violations, from the perspective of their correspondence with the requirements and principles of legal certainty in its procedural aspect. The article expounds the content of such requirement of the principle of legal certainty as cogency of court ruling. The questions of correspondence of the reexamination stage of the rulings and decisions on administrative violations to the requirements of the principle of legal certainty are being examined in comparison to similar stages in civil, criminal and arbitration procedure. The author comes to the conclusion that the administrative procedural legislation in the Russian Federation pertaining to reexamination of passed rulings and decisions on administrative violations, unlike the procedural legislation of other branches, does not meet such requirements of the principle of legal certainty as presence of the circle of subjects of appeal, restriction of multiple supervisory authorities, set period for appeal, and presence of the institutions of newly discovered circumstances.
Keywords: complaint resolution, reviewing authority, the ECHR, of the constitutional Court, the persuasive power of judicial decisions, legal certainty, principle of law, administrative proceedings, party to the proceedings, of the administrative code
Article was received:05-02-2018
This article written in Russian. You can find full text of article in Russian here .