Normative Prerequisites for Objective Imputability in Proceedings on Administrative Offenses and the Possibility of Their Minimization

The objective of the study is to identify the regulatory prerequisites for objective imputation in proceedings on administrative offenses and to determine the most optimal ways to minimize them. To achieve this goal, various scientific methods were implemented, first of all, the techniques of system methodology were used, as well as the dialectical method of cognition; analysis and synthesis; induction and deduction; abstraction. This paper examines the essence of objective imputation, shows the peculiarity of proving the guilt of a person brought to administrative responsibility, the influence of the subjective qualities of the law enforcement officer on the process and result of such proof. As a result of the analysis of the provisions of the Code of Administrative Offenses of the Russian Federation, determining the powers of officials to initiate and consider cases of administrative offenses, as well as establishing a simplified procedure for proceedings, the prerequisites for objective imputation contained in them were identified. These include: the absence of a regulatory ban on the consideration of a case of an administrative offense by the same official who drew up the protocol on the administrative offense; the possibility of imposing an administrative penalty without drawing up a report on an administrative offence, provided for in Parts 1, 2 and 4 of Article 28.6 of the Code of Administrative Offences of the Russian Federation, if the person brought to administrative responsibility denies guilt in committing the administrative offence; the procedure for imposing an administrative penalty for violations identified by technical means of automatic photo and video recording, established by Part 3 of Article 28.6 of the Code, which excludes the identification of the person who committed the violation and his guilt.