DOI: 10.7256/2454-0706.2018.2.25336

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.

DOI: 10.7256/2454-0706.2018.2.43130

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.

DOI: 10.7256/2454-0706.2017.2.21817

Abstract: The subject of this research is the identification of place of the principle of legal certainty within the system of principles of Russian law. This is a relevant question as it allows revealing the content of the examined principle, understanding the area of its impact, as well as determining its typical affiliation. The article turns attention to the academic discussion regarding the question of appurtenance of the principle of legal certainty to the general legal, cross-sectoral, and sectoral principles of the Russian law. Since the principle of legal certainty has received its justification within the practice of the Constitutional Court of the Russian Federation, the article carefully analyzes the legal precedent of this matter. The scientific novelty consists in the lack of research that are dedicated specifically to determination of the place of the principle of legal certainty within the system of principles of Russian law. The author concludes that the principle of legal certainty is multi-aspectual, pertains to legal regulation in general, as well as relates to the general legal and special legal principles of Russian law.

DOI: 10.7256/2454-0706.2017.2.43031

Abstract: The subject of this research is the identification of place of the principle of legal certainty within the system of principles of Russian law. This is a relevant question as it allows revealing the content of the examined principle, understanding the area of its impact, as well as determining its typical affiliation. The article turns attention to the academic discussion regarding the question of appurtenance of the principle of legal certainty to the general legal, cross-sectoral, and sectoral principles of the Russian law. Since the principle of legal certainty has received its justification within the practice of the Constitutional Court of the Russian Federation, the article carefully analyzes the legal precedent of this matter. The scientific novelty consists in the lack of research that are dedicated specifically to determination of the place of the principle of legal certainty within the system of principles of Russian law. The author concludes that the principle of legal certainty is multi-aspectual, pertains to legal regulation in general, as well as relates to the general legal and special legal principles of Russian law.