Prohibition of Turning to a Worse Scenario in Judicial Activity: on the Example of Consideration of the Caseson Administrative Offenses

Abstract

The article explores the prohibition of turning to a worse: how it is enshrined in the legislation on administrative violations, and how it manifests its effect in judicial practice. As analysis of legislation and judicial practice shows, courts of general jurisdiction and arbitration courts differently understand and apply this prohibition. This is due to the different legislative and organizational bases on which the process of bringing to administrative responsibility is based, in which courts of general and arbitration jurisdictions are involved. The article notes that the provisions of the draft of the new Code on Administrative Offenses, developed by the State Duma of the 6th convocation, point to a possible reduction of the scope of this ban. In this regard, the author comes to the conclusion that the legislator and the courts are to decide on a conceptually unified approach to the problem of the prohibition of turning to the worst in the field of administrative responsibility.

Keywords

• административная ответственность
• административное правонарушение
• производство по делу об административном правонарушении
• пересмотр дел об административных правонарушениях
• запрет поворота к худшему
• administrative responsibility
• administrative offense
• proceedings in the case of an administrative offense
• review of cases of administrative violations
• prohibition of turning for the worse