NOTION, TYPES AND MEANING OF DOCUMENTS AS SOURCES OF EVIDENCE ON CASES OF ADMINISTRATIVE OFFENCES

Abstract

Subject. The subject of research in the article concerns topical issues of documents as sources of evidence on administrative offences proceedings. Purpose. The purpose of the article is to determine essentially important characteristic features which are inherent to the notion of a document as a source of evidence on administrative offences proceedings; formulation of a special notion in respect to administrative offences proceedings; development of proposals on amendments to the existing legislation of the Russian legislation; classification of documents as a source of evidence on administrative offences proceedings, according to their legal basis and period of their development (receiving). Methods. The research is based on the main statements of a dialectical method of scientific knowledge; general scientific methods, such as formal and dialectical logics, systematic, historical, logical and comparative analysis, abstraction and analogy, etc.; concrete-sociological methods; methods of simulation. Results. The author formulated own definition of a sentence as a source of evidence on administrative offences proceedings, which can be used as a basis of a juridical principle covered by clause 1 article 26.7 of RF Code on administrative offences; proposed a classification of types of documents on administrative offences proceedings according to their legal basis and period of their development (receiving), and also suggested spelling out the existing classification in clause 1 article 26.7 of the Code of the RF on administrative offences. Scientific novelty. Within the framework of the article the author studied the issues concerning the appearance of new documents as sources of evidence on administrative offences proceedings, which appear at a time of increasing of amount of real data, identified problematic aspects of a new category “edocuments”. The author gives own definition to the notion of a document as a source of evidence on administrative offences proceedings, introduces author’s classification of documents as sources of evidence on administrative offences proceedings.