ADMINISTRATIVE AND PROCEDURAL RESPONSIBILITY IN ADMINISTRATIVE PROCEEDINGS

Abstract

The article deals with administrative and procedural responsibility in administrative proceedings. Without proper protection of various legal procedures, problems arise in implementing substantive types of legal responsibility, which leads to a violation of the principle of the inevitability of legal responsibility. Its relevance is because, until now, there is no universally accepted definition of the concept of «procedural responsibility» in the theory of the state and law, and there is a confusion of procedural and substantive types of responsibility. Administrative-procedural responsibility is the legal obligation of the subjects of procedural legal relations to act under the prescriptions of procedural norms or use the granted rights conscientiously, not to abuse them, expressed in lawful behavior. Moreover, in the case of a procedural offence or abuse of the request, the offender has to suffer adverse consequences and restriction of personal and property rights. It is noted that administrative-procedural responsibility in administrative proceedings is a holistic legal phenomenon that includes positive and negative aspects and is characterized by the following features: it has a formal and factual basis; positive procedural responsibility is realized in lawful behavior, and negative procedural responsibility is realized in protective legal relations; provided by state coercion and guaranteed by the state; its static content is a legal obligation to act following the prescriptions of procedural norms, to faithfully use the granted procedural rights, and in case of committing a procedural offence – the commitment to suffer condemnation and adverse consequences of a personal and property nature; the dynamic content of procedural responsibility is manifested in lawful behavior or adverse effects. Administrative-procedural responsibility is distinguished from other types of legal responsibility by the following characteristics: the scope of application is the administrative procedure in administrative proceedings; subjective composition – participants in the process; the formal basis is the norms of procedural law