Administrative Arrest

Administrative arrest is a measure of punishment, which is applied for certain administrative offenses. It is considered the most strict among all types of penalties for the specified acts. Administrative arrest is deprivation of liberty for a specific period. The length of this period is indicated in the relevant resolution on the case of the offense.

This penalty is applied to the subjects entering into those or other kinds of administrative legal relations, committing at the same time misconduct, which are close to crimes defined by the criminal legislation as not representing significant public danger. Such violations include, in particular, the possession or acquisition of narcotic drugs (small amounts), the use of alcohol in a public place, hooliganism, the appearance of a person in a public place in a drunken state, which is contrary to moral standards, and other acts committed by a person twice during Year imprisonment for appearing in a state of intoxication or drinking alcohol in public places.

Administrative arrest is appointed when malicious disobedience to legal requirements or orders of a police officer.

This penalty is imposed when disrespecting the court, disobeying the lawful demand or order of an ATS officer, a serviceman or another authorized person who is in the discharge of his duties in the border area.

It should be noted that the administrative arrest is applied in accordance with the decision of the judge. This decision is final and in the procedure for the production of relevant cases is not subject to appeal. After the announcement, the punishment is immediately enforced, regardless of the category of violation found.

Administrative arrest provides for physical work without payment (cleaning streets, public places, yards and others). In this regard, the punishment can not be applied to minors, pregnant women, women with under-age children (up to twelve), disabled first and second group.

After the decision of the court, the police officer delivers the person to whom the penalty was applied to the police department. In a special receiver or in an isolator for temporary detention, the offender is held in custody for a period that is determined by a court order. Moreover, the conditions of the special regime envisage the application of measures of labor and educational influence.

The regime in which the offender is held, provides isolation, prevents the commission of new illegal acts and escapes. In special conditions of detention, special means of education and correction are applied. In particular, they include labor use.

Time of administrative detention is included in the period of arrest.

After the release, a person is issued a certificate of the period in custody, the nature of the violation committed, for which punishment was followed.

The imposition of administrative arrest for oneself does not lead to a criminal record, is not a reason for dismissal from work, nor does it interrupt the length of service. At the same time, for the period of stay in custody, wages at the place of permanent work are not paid.

Administrative arrest may be imposed on the property of a person who is in arrears in the payment of taxes or other mandatory payments to various budgets. In this case, the basis for the application of punishment may be a ruling issued by the federal tax police authorities. The imposition of administrative arrest is carried out in the calculation of the subsequent sale of property in the appropriate order. Thus, it is supposed to ensure the timely receipt of the necessary amounts of hidden fees, taxes and other mandatory payments.