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Trufanov M.E., Anokhina N.V. Legal and regulatory justification of the involvement of a specialist into administrative proceedings

Abstract: The research subject is the range of issues of the procedural involvement of a specialist into administrative proceedings. The authors analyze the legal framework of a specialist involvement. The paper demonstrates the authors’ opinions on the competent persons, responsible for involving a specialist in the stages of administrative proceedings. The authors point out two types of specialists – included and invited – and the possibilities of their involvement. The study substantiates the responsibility of a specialist for absence and considers the way of inviting a specialist to administrative proceedings. The research methodology is based on the practical achievements of epistemology. The methodology includes general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction and observation) and traditional methods of jurisprudence (formal logical). The results of the study are reflected in the conclusions about a comprehensive list of competent persons responsible for inviting a specialist in the stages of administrative proceedings; about amending the Administrative Procedure Code with the provisions about the responsibility of a specialist for absence without valid excuse upon the invitation of the court, the organization or the official; about the ways of a specialist involvement. The results of the research can be used by police officers of the Russian Federation. The scientific novelty of the study consists in the substantiation of a possibility to involve a specialist, in the proposals for amending the Administrative Procedure code with the provisions about the responsibility of an involved specialist for absence without a valid excuse and about the ways to invite a specialist. 


Keywords:

officials, specialist involvement, right to invite a specialist, involvement of a specialist, specialist, parties of the proceedings, stages of the proceedings, proceedings, administrative jurisdiction, administrative offences


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