On Some Modern Trends in the Development of the Institution of Administrative Responsibility (Using the Example of Extraordinary (Special) Legal Regimes)

Abstract

This article presents a comparative analysis of the structure of norms in the Code of Administrative Offenses of the Russian Federation, based on positions of the highest legislative and judicial authorities, as well as the opinions of legal scholars on administrative liability for violations committed under extraordinary legal regimes (including states of emergency, high-alert, and antiterrorism regimes). Particular attention is given to administrative offenses outlined in Articles 20.3, 20.5, 20.5.1, 20.6, 20.6.1, 20.7, 20.19, and 20.27 of the Code of Administrative Offenses of the Russian Federation, and their relationship to similar norms in the Draft of the Administrative Code from May 29, 2020, developed by the Russian Ministry of Justice. It is noted that most norms regarding administrative liability for violations under extraordinary legal regimes are drafted as blanket norms that refer to regulatory laws, often without detailed guidance on their application. The Authors suggest that using this legislative approach is appropriate in cases where it enhances the effective implementation of extraordinary regimes and ensures clarity in the regulation of accountability. The Authors conclude that inconsistent changes to administrative legislation can lead to conflicts within the Code of Administrative Offenses of the Russian Federation and propose a comprehensive approach to improving administrative legislation, specifically in Chapter 20 of the Code. This includes developing methodological recommendations to support administrative offense cases related to extraordinary legal regimes.