Experts Discuss Innovations in Court Procedures Used in Administrative Offenses

27 november 2019

What are the principles that court settlements and court reviews must be based on in administrative offense cases? What is the impact that digitization is having on the administrative process? Whose authority needs to be expanded in the updated code of administrative offenses? Those were the questions discussed at a meeting that Analytical Center hosted for special purpose subgroups charged with drafting the new edition of the code of administrative offenses.

The Chair of the Council of Judges of Russia Victor Momotov noted that while working on the new code the experts must take into account the existing experience and create conditions for the administrative process that would not cause any controversy among judges, ordinary citizens or legal entities. The procedural part of the Code of Administrative Offenses, in his opinion, must be based on the principles of legality, due process, equality before the court, transparency, openness and prompt review of cases. "In addition, we need to take into account the status of the judge, which means that special principles could be formulated for the independence of judges and the confidentiality of issues discussed in the chambers," Mr Momotov added. At the same time, he says, that the code must stipulate the rights of the prosecutor, whose participation in the review of administrative offense cases is often perfectly justified.

Mr Momotov noted that the existing Code of Administrative Offenses does not require that minutes of court meetings be held and went on to suggest that the updated document include this option of any of the parties file a motion for minutes to be kept or if the court chooses to do so. The new revision of the code is also to include revised provisions on the types of court decisions, their content as well as the procedure for handing them in and contesting them.

State Duma member Dmitri Vyatkin suggested giving more authority to judge assistants. This should allow them to take charge of all the technical details while preparing a case, while allowing judges to concentrate on legal aspects exclusively.

Participants in the meeting noted that the court procedures must also include digital technologies. The authors of the new code plan to make provisions for citizens to file claims, motions and requests for court documents online as well as to participate in the review of administrative offense cases in video conference mode.