About Some Problematic Aspects of the Proceedings on Cases of Challenging Decisions of Administrative Bodies on Bringing to Administrative Responsibility in Arbitration Courts

Abstract

The subject of the research in this article is the proceedings on cases of contesting decisions of administrative bodies on bringing to administrative responsibility in arbitration courts. The article analyzes the current state of the consideration of cases, raises the issue of the objects of appeal, discusses the problem of legislative regulation of the prosecutor’s participation in the consideration of cases in arbitration courts challenging the decisions of administrative bodies on bringing to administrative responsibility, while not only the norms of the Arbitration Procedural Code of the Russian Federation, but also departmental acts of the prosecutor’s office are subjected to critical study. The author, noting the imperfection of the legislative regulation of the considered type of production, comes to the conclusion that it is necessary to fill the legislative gaps that have formed. Using the example of the materials of judicial practice, the author discovers a number of contradictions between the legislation and the established law enforcement practice when considering cases of challenging decisions of administrative bodies on bringing to administrative responsibility. The author offers her own vision of options for the legislative completion of paragraph 2 of Chapter 25 of the Arbitration Procedural Code.