Analytics Publications

25
June
2020

The Justice Ministry is pushing a new Code of Administrative Offenses to the State Duma. The process of administrative prosecution of citizens has not led to international standards

Source The newspaper "Nezavisimaya Gazeta"


Stanislav Matushov, Head of Public Law Disputes & Corporate Defense group

The primary versions of the codes were published back in January, but after criticism from the expert community, they were returned for revision. And a number of human rights organizations - Memorial, OVD-info, Civil Assistance, and others then sent alternative amendments to the Ministry of Justice. After the publication, it became clear that the department of Konstantin Chuychenko almost ignored everything. In fact, the Justice Ministry took into account only one remark - the right of administratively accused persons to free legal aid. In the new edition of the Code of Administrative Offenses, it is guaranteed to everyone who faces the penalty of arrest. However, with this innovation, not everything is clear yet. <...>

Stanislav Matyushov, senior lawyer at the arbitration practice of VEGAS LEX law firm, believes that the appearance of the new Code of Administrative Offenses in itself deserves a positive assessment, but this does not negate many questions. For example, the adversarial institution is declarative: “In practice, the scales often outweigh the administrative authorities, since their employees in the eyes of the court are persons with special knowledge, and even representing the interests of the state. Therefore, for a citizen prosecuted, the bar of evidence is excessively high. ” <...>

You can find the full version of the article here: https://www.ng.ru/politics/2020-06-25/3_7895_code.html

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