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TRUST IN THE BODIES OF ADMINISTRATIVE JURISDICTION IN THE INVESTIGATION OF ACCIDENTS AND IN THE PRACTICE OF IMPOSING ADMINISTRATIVE PUNISHMENT IN CASES OF ADMINISTRATIVE OFFENSES OF STATE REGULATORY REQUIREMENTS FOR LABOR PROTECTION
Article:
The article examines the constitutional principle of maintaining trust in the law and the actions of the state, as well as its foundations on the example of investigations of accidents and in the practice of imposing administrative punishment in cases of administrative offenses of state regulatory requirements for labor protection. The harmonious relationships between people, society and the authorities cannot be thinking without trust and its implementation at the proper level. Ensuring trust between the government and society is carried out, inter alia, through legal regulation. The appearance of the statement about trust in the Constitution of the Russian Federation in 2020 and the decision of the Constitutional Court of the Russian Federation to give to the constitutional principle of trust protection an independent content in the form of consistency, legal certainty and clarity of the mechanism of legal regulation to the subjects of legal relations create hopes for further development and consolidation of the principle in the Russian legal system, including in terms of the formation of provisions on an administrative act. Concurrently, the need to resolve the problems of legal uncertainty, differentiation of administrative violations and proportionality of administrative penalties in relation to the procedure for investigating accidents and proceedings in cases of administrative offenses requires the relevant application by courts of the principle of protection of trust along with the principles of proportionality, justice and equality.
maintaining trust in the law and the actions of the state (protect of trust), gross negligence, accident investigation, labor protection
Terekhova A. (2024) Trust in the bodies of administrative jurisdiction in the investigation of accidents and in the practice of imposing administrative punishment in cases of administrative offenses of state regulatory requirements for labor protection. In Elektronnoe prilozhenie k «Rossiiskomu yuridicheskomu zhurnalu», no. 2, pp. 30–37, DOI: https://doi.org/10.34076/22196838_2024_1_30.