Didik Alexander Alexandrovich, Yurkovskiy Alexey Vladimirovich ↑

An important problem of the mechanism of legal regulation, its individual elements, in particular social, not regulated by law and legal relations, is being investigated. The preventive potential of bringing to responsibility persons with a special status, based on the procedure for bringing to administrative responsibility, is considered. The presence of gaps and shortcomings of legal regulation is established. The implementation of the principle of equality of participants in legal relations is not fully consistently ensured in administrative legislation. The publication shows the shortcomings of the legal regulation of the legal institution of bringing to administrative responsibility persons with a special legal status. It states the need to improve legal regulation on the basis of legal monitoring of the current legislation and law enforcement practice. As part of the improvement of the current mechanism of legal regulation, a proposal is made on the need to systematize the norms of the current legislation governing the institution of bringing to administrative responsibility persons with a special legal status in order to eliminate contradictions and fill existing gaps. It is argued that the main drawback of the lack of systematization by the nom of the legal institution of bringing persons with a special status to legal responsibility is the fact that there are no legal grounds for holding a person criminally liable for the repeated commission of similar administrative offenses in the current legislation. This circumstance, according to objectively emerging prerequisites, significantly reduces the preventive potential of bringing persons with a special status to legal liability

аdministrative responsibility, administrative offense, criminal liability, administrative punishment, disciplinary offence, state functions, officials, persons with a special status, immunity, special legal regime, service check, preventive potential

Didik Alexander Alexandrovich – Prosecutor, Arkharinsky District of the Amur Region, Junior Counselor of Justice (45, Pobedy st., Arkhara, Amur region, 676740, Russian Federation), e-mail: arhara@prokamur.ru

Yurkovskiy Alexey Vladimirovich – Сandidate of Juridical Sciences, Associate Professor, Head of the Department of State and Legal Disciplines, Irkutsk Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation (1, Shevtsova st., Irkutsk, 664035, Russian Federation), ORCID: 0000-0002-0926-8965, ResearcherID: AAH-4911-2021, e-mail: avyurkovsky@mail.ru

Didik A. A., Yurkovskiy A. V. K voprosu o profilakticheskom potenciale privlecheniya k otvetstvennosti lic, obladayushchih special'nym statusom [To the question of the preventive potential of bringing persons with special status to responsibility] Sibirskij yuridicheskij vestnik [Siberian Law Herald]. 2022, no 2(97), pp. 15–19. DOI 10.26516/2071-8136.2022.2.15. (in Russian).

347.965:346:349.3

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