Modern Issues of Administrative and Disciplinary Proceedings

Abstract

The article examines the peculiarities of administrative and disciplinary proceedings in the administrative process. Attention is drawn to a number of current trends that influence the development of administrative and disciplinary proceedings, and new types of branches that form the part of the system of administrative and disciplinary proceedings. An attempt was made to distinguish two adjacent legal institutions: administrative and disciplinary proceedings in the administrative process and disciplinary proceedings in the labor law, as well as to analyze the features of procedural legal relations arising in the administrative and disciplinary proceedings in cases involving administrative and disciplinary misconduct of lawyers, notaries, members of self-regulatory organizations. It is noted that, depending on the type of a administrative and disciplinary offense, the law-maker establishes different procedural reasoning for bringing to disciplinary responsibility. At the same time, a number of functions implemented by self-regulating organizations are of a public nature, this also applies to disciplinary proceedings. It is concluded that administrative and disciplinary proceedings are carried out not only by state authorities, but also by civil society institutions in the form of the activities of non-profit organizations exercising public-law functions.