Administrative punishment: goals, concept, types

For the committed unlawful act a citizen must incur administrative punishment. Its purposes are to prevent the guilty person from carrying out other violations of public order. Therefore, this punishment is considered a sanction of this rule. Its main feature is that it restricts the guilty person to the rights for a certain period of time, which is considered a fair penalty.

Definition

The punitive measure of responsibility, which is appointed on behalf of the state for the commission of an unlawful public act, is an administrative punishment whose aims are aimed at preventing the perpetrator and others from implementing subsequent violations of the law.

This punishment can not be used to humiliate the dignity of the person and cause her physical suffering. This feature is provided for in the Constitution.

Administrative punishment, whose goals are aimed at preventing citizens from committing other violations of public order, is one of the most significant in the legal system of the state. It can only be established within the limits of the law in force.

Administrative punishment, whose goals are necessary to comply with the law in society, is closely interrelated with the commission of the offense itself and is a measure of responsibility for what was done.

Kinds

Sanction for the committed offense is established only by the Code of Administrative Offenses of the Russian Federation, which indicates the concept and objectives of administrative punishment. There are several types:

• a warning;
• fine;
• Deprivation of certain rights that are granted to a person;
• arrest;
• Expulsion from the state of a person who does not have citizenship;
• Suspension of activities;
• disqualification.

Each of these penalties is determined only in accordance with the law. In addition, there are basic and additional types of sanctions. The notion and aims of administrative punishment are stipulated by the Code of Administrative Offenses of the Russian Federation, where it is stated that this measure of responsibility is applied to prevent the commission of other offenses, both by the guilty person and other citizens.

The main types of punishment:

• administrative penalty;
• a warning;
• arrest;
• disqualification.

The seizure of the object of committing an offense, expulsion from the Russian Federation, and the deprivation of a citizen of a certain right may act as additional sanctions. In this case, the purposes and types of administrative punishment are also fixed in the Code of Administrative Offenses of the Russian Federation. This collection of legal norms states that this punitive measure is necessary in order to prevent citizens from committing subsequent violations in the field of public order and state power.

When choosing a punishment for the guilty person, it is necessary to take into account his attitude to the committed misconduct, financial position, as well as circumstances that mitigate or aggravate his responsibility. The same sanction can not be applied to one citizen twice. That is why the prevention of subsequent offenses is necessary in order to realize the purposes and types of administrative punishment specified in the Administrative Offenses Code of the Russian Federation, which are realized only after bringing the culprit to justice.

Arrest

The specified type of punishment for a committed offense in the field of public order is established only in those cases that are expressly provided by law and is no more than fifteen days. It consists in the short-term detention of the guilty person in a special ATS receiver. In this case, the purpose of administrative punishment is to correct a citizen by temporary isolation from the community.

Administrative arrest is appointed only by order of the court and can be from one to fifteen, and in some cases even up to 30 days.

This punishment is typical for committing:

• Minor hooliganism;
• Driving without rights;
• Disobedience to the requirement of a law enforcement officer;
• Use of narcotic drugs.

For certain types of offenses, for example, failure to comply with the regime in a state of emergency, an arrest of up to thirty days is foreseen. At the same time, the purpose of administrative punishment is to prevent the guilty person from the subsequent committing of misdemeanors, which lead to the onset of responsibility.

Arrest is the most severe punitive measure. It does not apply:

• To pregnant women;
• Women who have young children;
• To citizens under 18;
• Persons with serious diseases and disabilities.

Fine

This type of punishment is a pecuniary punishment, which is imposed on the guilty person and affects his property status. The fine is always set only in rubles and in certain amounts. It can not be less than 100 rubles.

The amounts of fines levied from citizens and enterprises are credited to the state budget. In this case, the purpose, appointment of administrative punishments are aimed at making the offenses much less. That is why a fine is the most significant and punitive measure, because it affects the property interests of the guilty citizen and enterprise.

Withdrawal of the gun

It is considered one of the types of punishment that is applied to eliminate offenses. This is indicated by the Code of Administrative Offenses. In this case, the collection of laws also includes a definition of administrative punishment, the concept, the types, the purposes of which are provided for the full application of punitive measures against offenders.

The withdrawal of the gun is the forced selection of the object with which the offense was committed. This type of punishment is a punitive measure of a property nature, because there is a seizure of the subject matter with which the offense was committed.

In this case, administrative punishment is used to prevent the perpetrator and others from following the illegal offenses.

Legal alienation

Confiscation is one of the types of punishment in the field of administrative offenses, in which the subject for which unlawful action was committed is transferred to the state's ownership without compensation. Applicable as an additional punitive measure. It is considered necessary for violation of the rules:

• Customs;
• Turnover of alcohol products;
• Weapons and technical regulations.

In addition, the confiscation of weapons can not be applied to those citizens who engage in hunting and fishing, if for them this is the main source of income.

In this case, the notion, signs, purposes of administrative punishment are also fixed in the current Code of Administrative Offenses.

Selection of rights

This type of punishment is provided in art. 3.8. Code of Administrative Violations. Applicable only if the person has grossly violated the rules of public order and state power. This punishment can not be appointed for a period of less than one month and more than three years.

Deprivation of rights should not be applied to persons with disabilities, unless the latter controlled the transport in a state of intoxication and refused to undergo a medical examination. In addition, this punishment can not be imposed on those citizens for whom hunting is the only mode of existence.

Persons managing transport after removing the driver's license can be held accountable and subjected to police detention and arrest up to 15 days. At the same time, administrative punishments, goals, tasks of which are specified in the Code of Administrative Offenses of the Russian Federation are necessary to prevent subsequent violations, both by the guilty citizen himself and others.

Expulsion

Applicable to foreign citizens who are legally in Russia, for administrative offenses.

The essence of this type of responsibility is the forced displacement of these persons, accompanied by law enforcement or customs bodies outside the state. In addition, foreign citizens can leave the territory of the Russian Federation themselves, but only in cases stipulated by law. At the same time, expulsion, as an administrative punishment, the concept, goals, purposes of which are specified in the Code of Administrative Offenses is an official termination of stay in the territory of the Russian Federation. It applies only in cases of violation of the regime of stay and the state border crossing.

Deportation, like the forced expulsion of foreigners outside the Russian Federation, is not considered any punishment.

Disqualification

It is a punitive measure, which is expressed in bringing a citizen to administrative responsibility, in connection with which a person can not be in the executive position in the executive body, manage a legal entity.

Disqualification applies for a period of six months to three years. Applies to the following categories of individuals:

• Individual entrepreneurs;
• The General Director, his deputies;
• The arbitration manager.

In this case, the purposes and essence of administrative punishments are that they are applied to the said citizens on the basis of legislation, for violations committed in the field of labor protection, for intentional bankruptcy.

Temporary activity stoppage

It is a punishment that applies only to IP and organizations, enterprises. Suspension of activities implies its temporary cessation in connection with the prosecution for non-compliance with regulations.

In this case, administrative punishment may have as its goal the prevention of a threat to the life of the population in the event of any epidemic, a catastrophe at the enterprise that led to environmental pollution. In addition, this punitive measure applies to legal entities, if they do not observe public order, labor legislation for stateless persons.

The temporary suspension of activities can be established for up to ninety days.

In the event that all violations that entailed the application of this type of punishment will be eliminated, the legal entity or the IP can apply to the judicial authority for the abolition of this punitive measure.

A warning

One of the easiest measures of administrative punishment. Nevertheless, it carries with it the same legal consequences as all other species. A person from the moment he is warned within one year after that is considered to be held liable. This fact can have its negative impact on the re-assignment of punishment for any other offense, be an aggravating circumstance. In addition, the warning is more punitive measure of moral impact on the guilty person.

The concept, purpose and essence of administrative punishment is that a citizen or an organization should realize all the wrongfulness of their actions only from a psychological point of view. In addition, a warning can only be expressed orally, but then it will be considered only a preventive measure.

Order

Punishment for the committed offense is appointed only in those limits that are established by law. No one can be held to account twice for the same offense. In addition, when appointing a punitive measure for an offense, the following circumstances are taken into account:

• The identity of the person responsible and his property status;
• Character and attitude of the citizen to the deed;
• Mitigating and aggravating factors.

The general rules for the designation of a punitive measure are the basic principles by which judges and officials should be guided, within their powers.

First of all, it is necessary to respect the legality and equality of all citizens. In addition, the penalty can only be applied to the person who committed the offense.

If a citizen is found guilty of several misdemeanors, then punishment must be imposed for each of them separately. The court, when considering cases of offenses, may decide in one meeting the issue of compensation for property damage. A person who has been prosecuted and incurred a punishment for this is considered subjected to it within a year of the execution of the order.

General information

The involvement of the guilty persons in administrative responsibility is necessary to ensure order in the society and prevent from committing other offenses both by the guilty citizen himself and others. In addition, it should be assigned only within the limits established by the Code of Administrative Offenses.

The punitive measure in the form of an administrative punishment always leads to unpleasant and even deplorable consequences for the guilty person, because within a year after the committed offense the citizen is considered to be involved for this offense.

In addition, when determining the sanction for a person it is necessary to take into account his property status. It is also necessary to take into account the circumstances that will mitigate his punishment, especially if earlier a person was not held accountable.

No one can be held accountable for the same offense twice.

Old age

In this case, the term begins to be calculated from the moment of detection of the misconduct. It applies only to continuing offenses. These may include:

• Violation of the deadline for the return of budget funds;
• Failure to perform military registration duties.

According to the Code of Administrative Offenses, the case of an administrative offense is considered at the place of the deed. A person who has been brought to justice, can apply to the judicial authority with a request that the case be examined at the place of his residence. At the same time, the limitation periods are interrupted until the materials are received by the authority authorized to look at them at the address indicated in the petition by the applicant.

According to the Code of Administrative Offenses of the Russian Federation, when a citizen commits several offenses, punishment must be imposed for each separately. In the event that cases are considered by the same official, then only one sanction applies.

The expiration of the statute of limitations indicates that proceedings on an administrative offense case can not be initiated or subject to termination on this grounds.

Penalties

Should be imposed for each offense separately. The exception here is when cases are administered by one official. The penalty must be imposed on the perpetrator, but not later than 2 months from the moment it was committed. If the offense is considered to be lasting, then not later than the time when it was discovered.

The citizen will be considered not subjected to administrative penalty in the event that within a year after that he does not commit other unlawful actions. When this period of time passes, the offense can not be recognized as a repeat offense.

Duty periods should always be considered at the next imposition of an administrative penalty.

The value of the fine

The smallest amount for the committed offense is one hundred rubles. So the law says. The amount of the fine, which is calculated from the value of the item and unpaid taxes and fees can not be more than their threefold value. This amount must necessarily be credited to the budget.

Fines are non-tax revenues of the local budget, unless otherwise provided by law. In addition, for officials, they can not be more than two hundred, and for legal persons exceed 5000 minimum wages.