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
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.
Keywords:
administrative process, judicial system, administrative responsibility.


Related Articles

INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE «COUNTERACTION CRIME: CURRENT PROBLEMS OF THEORY AND PRACTICE» MAY 20-21, 2022, NALCHIK, NORTH CAUCASUS INSTITUTE FOR PROFESSIONAL DEVELOPMENT (BRANCH) KRASNODAR UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION 1. CRIMINALISTIC, PROCEDURAL AND OPERATIVE-SEARCH MEASURES TO COUNTER CRIME IN THE GLOBALIZATION CONDITIONS Pages: 28-33 Issue №21338
On the Issue of Legal Regulation and the Powers of Law Enforcement Agencies During the Identification Procedure
administrative law security measures state coercion verification of documents identification
Show more
16. Administrative law; Administrative process, Information Law Pages: 200-203 Issue №9731
FEATURES OF THE MECHANISM OF ADMINISTRATIVE LIABILITY FOR VIOLATIONS OF EXCLUSIVE RIGHTS TO THE MEANS OF INDIVIDUALIZATION OF GOODS (WORKS, SERVICES)
administrative responsibility means of individualization trademark legal use illegal use
Show more
11. Administrative law; Administrative process Pages: 188-191 Issue №13916
Topical issues of bringing persons to administrative responsibility for driving a vehicle on which glasses (including those covered with transparent color films) are installed, the light transmission of which does not meet the requirements of the technical regulations on the safety of wheeled vehicles
administrative responsibility vehicle management road patrol officer glass (including covered with transparent color films) tinting
Show more
11. Administrative law; Administrative process Pages: 192-194 Issue №13916
Uncertainty of definitions in the norms of administrative law providing for liability for offenses in the sphere of tobacco products turnover
tobacco tobacco products tobacco products administrative regulation administrative responsibility
Show more
CURRENT PROBLEMS OF THE CIVIL SOCIETY DEVELOPMENT AND THE PARTICIPATION OF ITS INSTITUTIONS IN PROVIDINGPUBLIC SECURITY Pages: 247-252 Issue №23752
Current Problems of Improvement of Administrative Legislation for Calls for the Introduction of Restrictory Measures in Regard to the Russian Federation
calls for the introduction of restrictive measures external sanctions pressure combating the spread of illegal behavior administrative responsibility administrative legislation.
Show more
16. CRIMES IN THE SPHERE OF ECONOMIC ACTIVITIES Pages: 186-190 Issue №10621
PROBLEMS OF LEGAL REGULATION OF THE PROCESS IN COUNTERING THE ILLICIT ENTREPRENEURSHIP IN THE RUSSIAN FEDERATION
business activities criminal liability administrative responsibility problems of qualification legal regulation
Show more
10. Judicial, prosecutorial, human rights and law enforcement activities Pages: 211-213 Issue №15895
TO THE QUESTION OF THE GENERAL COURT OF APPEAL JURISDICTIONS IN THE SUBJECT COURT SYSTEM RUSSIAN FEDERATION
appeal court of appeal judicial system judicial reform justices of the peace
Show more
17. ECONOMIC CRIMINAL LAW Pages: 191-193 Issue №10621
CRIMINAL LIABILITY OF THE RECEIVER FOR THE UNLAWFUL ACTIONS IN BANKRUPTCY: PROBLEM STATEMENT
Trustee bankruptcy administrative responsibility criminal liability decriminalization
Show more
10. Administrative law; Administrative process Pages: 207-210 Issue №6543
ADMINISTRATIVE RESPONSIBILITY, AS SECURITY ELEMENT OF THE PRINCIPLE OF SUSTAINABLE FOREST MANAGEMENT
administrative responsibility sustainable forest management confirmation of the legal origin of timber violation of forest legislation of accounting of wood and transactions with it
Show more
12. Administrative law; Administrative process Pages: 236-240 Issue №15895
To questions of sources of norms of administrative coercion in the legislation of Moses (on the basis of the analysis of books Genesis and Exodus of the old Testament)
administrative law state power public administration administrative process coercive measures
Show more