The concept of the criminal sphere in the practice of the European Court of Human Rights and Russian lawmaking
Abstract
The article examines — in the light of the ECHR’s autonomous interpretation of the concept of “criminal sphere” — the latest legislative proposals in the administrative tort sphere. The need to take into account this interpretation in the new edition of the Code of Administrative Offenses of the Russian Federation and the newly adopted Procedural Code of Administrative Offenses is noted. The author finds it necessary doctrinal convergence of these laws with the current criminal and criminal procedure legislation. This conclusion, in particular, is made by him on the basis of an analysis of related criminal and administrative-tort sanctions, the practice of their appointment.
Received: 07/01/2021
Accepted: 08/01/2021
Accepted date: 08/30/2021
Keywords: ECHR; criminal matter; Code of Administrative Offences; administrative offence
Available in the on-line version with: 30.09.2020
