THE PRINCIPLE OF ADVERSARIAL PROCEEDINGS IN CASE OF AN ADMINISTRATIVE OFFENSE: THEORETICAL AND PRACTICAL ASPECTS

Abstract

The article examines the content and implementation of the principle of adversarial proceedings in cases of administrative offenses in the Russian Federation. The article analyzes the normative consolidation of this principle in the Code of Administrative Offences of the Russian Federation, its correlation with the principle of equality of the parties. The problems of the practical implementation of the obligation related to the imbalance of the procedural capabilities of the au-thority and the person being held accountable are considered. It is concluded that there is a need to improve procedural mechanisms to ensure a truly competitive process. The institutional and proce-dural constraints preventing the realization of equality of the parties are revealed. Particular atten-tion is paid to the legal consequences of non-compliance with adversarial principles and the need to reform the existing procedure.