On the Problems of the Application of the Norms of Administrative Law by the Courts
( Pp. 205-208)
More about authors
Tembotov Ruslan Abdullahovich
Lecturer, Department of Law Enforcement Organization North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia, police captain
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
Consideration of the problems of law enforcement of administrative legislation by the courts in the sense of theoretical scientific research, guiding explanations of higher courts, the functioning of the judicial mechanism as a whole. Effective use in practice of the norms of administrative law by the courts as a form of ensuring the functioning and development of various social spheres of society as a whole. We would like to note the following problems that determine the relevance: the constantly high level of social tension, the intensification of business activity of legal entities and individuals during the period of partial abolition of COVID restrictions, the need for high-quality work on the implementation, development and improvement of administrative legislation, the organization of the correct application of administrative legislation in all spheres of life. The article deals with the problems of domestic theoretical research of administrative legislation, foreign experience. The leading work of the judiciary is analyzed. As a result of the study, the author comes to the conclusion that the application of the norms of law occupies one of the leading, fundamental, key places among the problems of jurisprudence. There is a complexity of the problem, both in general theoretical studies and in the practical work of the Supreme Court of the Russian Federation. There is no mechanism for mobile change of the law by the legislator. In the theory of law, there are many studies on this topic, however, the norms of administrative law have been studied much less. An analysis of the application of the norms of administrative law by the courts, specialized in this direction, is rarely found in scientific papers. Possibilities of restructuring the judicial system in order to provide specialized administrative courts.
How to Cite:
Tembotov R.A., (2022), ON THE PROBLEMS OF THE APPLICATION OF THE NORMS OF ADMINISTRATIVE LAW BY THE COURTS. Gaps in Russian Legislation, 5 => 205-208.
Reference list:
Federal Law No. 196-FZ of December 30, 2001 "On the Entry into Force of the Code of Administrative Offences of the Russian Federation" // SPS Consultant Plus
Message of the President of the Russian Federation V. V. Putin to the Federal Assembly, 2012 // according to the website http://kremlin.ru
Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 23, 2021 N 45 "On some issues arising during the consideration by courts of general jurisdiction of cases of administrative offenses related to violations of labor legislation and other regulatory legal acts containing labor law norms" // SPS "Consultant plus"
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 03/24/2005 No. 5 (ed. dated 12/23/2021) "On some issues arising in courts when applying the Code of Administrative Offences of the Russian Federation" // SPS "Consultant plus"
Resolution of the Plenum of the Supreme Court of the Russian Federation of 27.04.2021 N 6 "On some issues arising in judicial practice when considering cases of administrative offenses related to non-payment of funds for the maintenance of children or disabled parents" // SPS "Consultant plus"
Solovyov I. A., Solovyov A. A. "On the question of the practice of applying the norms of the Code of Administrative Procedure of the Russian Federation" // Young Scientist. - 2018. - № 52 (238). - Pp. 210-213.
Chumakova K. A. "Actual problems of administrative proceedings in courts of general jurisdiction" // Young scientist. - 2021. - № 44 (386). - Pp. 162-164.
Message of the President of the Russian Federation V. V. Putin to the Federal Assembly, 2012 // according to the website http://kremlin.ru
Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 23, 2021 N 45 "On some issues arising during the consideration by courts of general jurisdiction of cases of administrative offenses related to violations of labor legislation and other regulatory legal acts containing labor law norms" // SPS "Consultant plus"
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 03/24/2005 No. 5 (ed. dated 12/23/2021) "On some issues arising in courts when applying the Code of Administrative Offences of the Russian Federation" // SPS "Consultant plus"
Resolution of the Plenum of the Supreme Court of the Russian Federation of 27.04.2021 N 6 "On some issues arising in judicial practice when considering cases of administrative offenses related to non-payment of funds for the maintenance of children or disabled parents" // SPS "Consultant plus"
Solovyov I. A., Solovyov A. A. "On the question of the practice of applying the norms of the Code of Administrative Procedure of the Russian Federation" // Young Scientist. - 2018. - № 52 (238). - Pp. 210-213.
Chumakova K. A. "Actual problems of administrative proceedings in courts of general jurisdiction" // Young scientist. - 2021. - № 44 (386). - Pp. 162-164.
Keywords:
administrative process, judicial system, administrative responsibility.
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