For the first time the article scientifically formulated many components of improving
the evidence base in cases of administrative offenses, in particular, examined the subject
and scope of evidence in cases of administrative offenses in the law enforcement activities
of penal institutions.
In general terms the subject of proof establishes what is to be proved, and the limits of
proof determine the necessary boundaries of proof in cases of interest to us.
In a specific aspect the subject of proof is a system of facts and circumstances, the
establishment of which is necessary for the proper resolution of the case, and the limits of
proof represent their material and procedural expression, which allows us to draw reliable
In theoretical terms the limits of evidence in cases of administrative offenses in the
activities of prisons represent a more specific material and procedural component related
to the amount of evidence.
The paper presents the results of a study of the practice of implementing evidence
in cases of administrative offenses in the law enforcement activities of institutions and
bodies of the Federal Penal Service of Russia and on the basis of this, it is concluded that,
in order to ensure legality, prohibited items for convicts should be recorded in federal
law (for example, Criminal executive code of the Russian Federation), and not in by-laws
(internal rules of correctional institutions and pre-trial detention centers).
Professor of the Department of Administrative and Financial Law of the Academy of the Federal Penal Service of Russia, Dsc. in Law, Associate Professor.
, e-mail Minrs@yandex.ru
1. Nagornyh R. V. Administrativno-pravovoe regulirovanie gosudarstvennoj sluzhby Rossijskoj Federacii v pravoohranitel’noj
sfere. Avtoref. diss. dokt. yurid. nauk [Administrative and legal regulation of the public service of the Russian Federation in
law enforcement. Author’s abstract of the diss. Dsc. in Law]. Moscow, 2016. 40 p. (In Russ.).
2. Ponikarov V. A., Pavlova L. V., Senatova E. V. Institut dokazyvaniya po delam ob administrativnyh pravonarusheniyah v
pravoohranitel’noj deyatel’nosti ispravitel’nyh uchrezhdenij i sledstvennyh izolyatorov FSIN Rossii [The Institute of Evidence
in Administrative Offenses in Law Enforcement Activities of Correctional Institutions and Detention Bodies of the Federal
Penal Service of Russia]. Moscow, 2017. 144 p. (In Russ.).
3. Strogovich M. S. Kurs sovetskogo ugolovnogo processa. Tom 1. Osnovnye polozheniya nauki sovetskogo ugolovnogo
processa [The course of the Soviet criminal process. Vol. 1. The main provisions of the science of the Soviet criminal
process]. Moscow, 1968. 470 p. (In Russ.).