A.V. Panov

On Continuing Administrative Offences

2015. No. 3. P. 50–65 [issue contents]
The paper features representative cases from judicial practice and examines the current developmentin the area of qualifying administrative offenses. The analyzed approaches to the concept of a continuingoffence have allowed making up cut-and-dry criteria which a continuing offence should meet. Theauthor notes that broad interpretations of this term by judges lead to a large number of court decisions, intended to correct errors in the interpretation of legal norms by lower courts. This increases the loadon the system as a whole, and causes the emergence of a case, as the ambiguous definition of the concept in the legislation compels Russian courts to develop an approach on a case-to-case basis as to the possibility to attach an offence the group of continuing ones. The paper emphasizes the relevance of the issue what offence is continuing since Article 4.5 of the RF Administrative Code establishes the period of two months to start administrative liability, which as a rule begins from the date of the violation,and in the case of a continuing offence — from the date of detection. The time when a continuing offence is revealed is another topical issue in case practice as under part 2 of article 4.5 in the RF Administrative Code it is the date after which time limits starts. The paper notes that taking into accountall the mentioned definitions tends to be inconsistent entirely with the process of initiating proceedings as under the RF Administrative Code 28.1, the initiation of a case requires sufficient data revealing anevent of administrative offence. As of drawing up an infringement notice on an administrative offence,a person in authority may not provide the necessary supporting documents. The time required for their collection may exceed the time limits resulting in refusing to initiate proceedings after the time limits expire. Such situations arise, for example, when ordering a testing examination.
Citation: Panov A. (2015) O dlyashchikhsya administrativnykh pravonarusheniyakh [On Continuing Administrative Offences]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 50-65 (in Russian)
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