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The Constitution of the Russian Federation implies the need for the State to exercise a control function, which, in particular, is implemented within the framework of control and supervisory proceedings, as well as the regulation of the procedure for bringing to public liability, including proceedings on an administrative offence. These types of administrative activities are interconnected, which implies the need to distinguish them on the basis of constitutional provisions. Such an approach would allow resolving the existing contradictions in the relevant part of the administrative-procedural regulation and ensuring the uniformity of law enforcement practice, including through the establishment of discretion criteria, which is manifested in the choice by an authorised official of the procedural form for detecting a violation of a mandatory requirement. In addition, the constitutional principles of legal certainty, proportionality, trust in the actions of the State and others dictate the requirements for the harmonisation of legislation on control and supervisory activities and legislation on administrative offenсes, without which both the implementation of guarantees for the protection of the rights of controlled persons and the effectiveness of the activities of state authorities are at risk.
Dmitrikova et al. (Mon,) studied this question.