INSTITUTE OF CASSATION REVIEW OF COURT DECISIONS IN CASES OF ADMINISTRATIVE OFFENSES

Abstract

The article is devoted to the institute of cassation proceedings in cases of administrative offenses. To date, the current administrative and tort procedural legislation does not have a stage of cassation review of cases of administrative offenses. However, the introduction of such a stage in the current legislation on administrative offenses at the present stage of the development of public legal relations, in our opinion, seems necessary to protect the rights, freedoms and interests of individuals in our state. The absence of the stage of cassation review of the case in such a type of proceedings as the proceedings on administrative offenses leads to the lack of unity of law enforcement practice on bringing persons to administrative responsibility by the courts. Also, the absence of such a stage does not make it possible to “eliminate” the consequences of judicial error of local and appellate courts that considered the case and made such mistakes. At the same time, the absolute majority of administrative offenses considered by the courts in the procedure of proceedings on administrative offenses apply the so-called “Engel criteria,” which are applied by the European Court of Human Rights (ECHR) in its practice when considering applications of the ECHR. Instead, the current criminal procedural legislation provides the right to appeal in cassation court decisions, which completed the consideration of the case without any restrictions, although the sanctions of some criminal offenses are even lower than administrative offenses. The article attempts to substantiate the need for the existence of such a stage of proceedings as a cassation review of decisions in cases of administrative offenses, considers the positive consequences of the legislative introduction of such an institution of administrative tort procedural law and a possible mechanism for legislative regulation.