On the Need for the Development of the Theory of Polymorphism of Administrative Torts

In the contemporary legal system of the Russian Federation, public administration authorities (including executive authorities, local self-government authorities, organizations with a status of a government or other authority by virtue of a federal law) and courts (including general jurisdiction courts, commercial courts, the Supreme Court of the Russian Federation) apply various types of coercive measures regulated by the administrative procedure laws of the Russian Federation. The basis for the application of such coercive measures is commitment of administrative offenses and other illegal acts singled out by the Russian legislator with the use of special terms (violation of obligatory requirements, violation of antimonopoly laws, budget violation, tax violation, etc.) that exclude the administrative liability. A comprehensive analysis of provisions of the administrative procedure laws of the Russian Federation currently in effect and applied by public administration authorities and courts carried out taking into account the direct regulatory impact of the Constitution of the Russian Federation gives an opportunity to emphasize the practical relevance of the scientifically justified theory of polymorphism of administrative torts for the purposes of optimization of the contemporary administrative coercion mechanism in the conditions of the constitutional acknowledgment of the independence of judicial and extrajudicial authorities, diversity of property forms, priority of human and civil rights and freedoms in activities of the public administration and courts.