Alexey Panov1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

On Insignificance in Administrative Offences

2012. No. 2. P. 80–98 [issue contents]

Panov Alexey - postgraduate student, Russian Academy of Justice. Address: 69, bldg.A, Novocheryomushkinskaya Str., Moscow, 117418, Russian Federation. E-mail: alex@panov.in.

In this article, the author deals with the problem of applying in courts the provision of insignificance and analyzes examples from judicial practice. In particular, the author argues that the provisions on insignificance of public offences may be applied in formal cases. This allows assessing if the damage or threat of bringing harm relating to the guilt of the person subject to court investigation is insignificant and negligible. Damage or its threat are subject to checking and proving with the purpose of ascertaining if the offence was committed or ascertain if it was minor. The author proves that the issue on the insignificant offence requires not only consequences but the extent of damage (harm) relating to the guilt of person under investigation. The conclusion is that if the insignificant offence may be at least one of material elements of the offence – the real consequences (threat of their occurrence) or the guilt for them – the offence is minor. However, if the real (or implied) consequences and the guilt as a possibility to foresee these consequences and failure to act to avert them is significant the offence is not minor. The author concludes that the absence of the concept of insignificance in the RF Code of Administrative Offences and its multiple interpretations give rise to the question what is to be done? The article suggests two answers. The first is to eliminate this institution from the Code of Administrative Offences as it involves many evaluating elements and arouses controversies in legal practice. The other variant is to include the concept of insignificance into the RF Code of Administrative Offences.

Citation: Panov A. (2012) O maloznachitel'nosti administrativnykh pravonarushenii [On Insignificance in Administrative Offences]. Pravo. Zhurnal Vysshei shkoly ekonomiki, no 2, pp. 80-98. (in Russian)
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