Administrative Procedural Delict: Concept, Classification, and Problems of Legislative Regulation

In the special legal literature, the term “administrative procedural tort” has not been widely recognized, and with the adoption of the Code of Administrative Procedure of the Russian Federation, it is used as a procedural violation in relation to administrative proceedings conducted by general jurisdiction courts. However, in accordance with the current procedural laws, failure to comply with or improper compliance with administrative procedural duties and powers, which is classified as a procedural violation, entails the application of various types of administrative procedural coercion measures against the participants and the law enforcement officer in an administrative case, in accordance with the procedures established not only by the Code of Administrative Procedure of the Russian Federation, but also by the Code of Administrative Offenses of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, and Federal Law “On Legal Proceedings Based on Materials on Gross Disciplinary Offenses in the Application of Disciplinary Arrest to Military Personnel and on the Execution of Disciplinary Arrest”. The lack of a systematic scientific approach to the comprehensive study of the theory of administrative procedural torts of participants and law enforcement officers in administrative cases in the modern non-judicial and judicial administrative process allows us to identify some relevant issues regarding the further legislative regulation of the grounds and procedure for the application of administrative procedural coercion measures in accordance with the Federal Law “On Enforcement Proceedings” and federal laws on control and supervision activities.

The aim of this work is a comprehensive study of the legal grounds for the application of various types of administrative-procedural coercion measures for failure to perform or improper performance of administrative-procedural duties and powers during administrative proceedings and administrative court proceedings of the established type. The objectives of the study: 1) to theoretically substantiate the concept and classification of administrative-procedural torts in modern administrative proceedings in the Russian Federation; 2) to identify problematic aspects of legislative regulation of the dual classification of procedural violations entailing the application of administrative-procedural coercion measures, bringing to administrative, disciplinary, and criminal liability.

The study used systemic, logical, and formal-legal methods.

Based on the analysis of the norms of the administrative procedural legislation of the Russian Federation, the article formulates the concept of an administrative procedural tort and proposes a classification of administrative procedural torts based on the subject of the tort into two types: administrative procedural torts committed by participants in the consideration of an administrative case and administrative procedural torts committed by a law enforcement officer in an administrative case. The article also highlights some problematic aspects of legislative regulation.