Tregubov I.S. —
Issues of Administrative Detention as a Measure of Administrative Procedural Coercion Used in the Field of Internal Affairs
// NB: Administrative Law and Administration Practice. – 2023. – ¹ 1.
– P. 59 - 72.
DOI: 10.7256/2306-9945.2023.1.39679
URL: https://en.e-notabene.ru/al/article_39679.html
Read the article
Abstract: The article discusses the essence of measures of administrative procedural coercion with an emphasis on the use of administrative detention. The paper reveals the essence of administrative detention as a measure of a procedural nature. The author concluded that the indication of the law that administrative detention will be applied in exceptional cases is a kind of formality. Every day, hundreds of thousands of citizens, foreign citizens are detained and delivered to the territorial and linear bodies of the Ministry of Internal Affairs of the Russian Federation. Therefore, it is not necessary to say that this administrative detention is some kind of exceptional (rare) measure of administrative influence. Based on this, administrative detention requires proper procedural and organizational support.
The author analyzes different points of view regarding such a measure of administrative procedural coercion as "administrative detention", identifies the criteria that form the basis of this classification, depending on the duration of the administrative detention and the subject to which this impact will be applied. The article draws attention to the organizational and procedural problems of administrative detention, makes proposals for their elimination, and also makes proposals for fixing in the Code of Administrative Offenses of the Russian Federation, another measure to ensure proceedings in cases of administrative offenses, which is necessary to improve the effectiveness of administrative detention. Also in the work carried out the ratio of such measures as: "delivery" and "administrative detention".
Tregubov I.S. —
Measures of Administrative and Procedural Coercion
// Police and Investigative Activity. – 2022. – ¹ 4.
– P. 1 - 12.
DOI: 10.25136/2409-7810.2022.4.39449
URL: https://en.e-notabene.ru/pm/article_39449.html
Read the article
Abstract: The article examines the essence of administrative-procedural coercion measures and how attention is drawn to the institution of administrative coercion, the definition of administrative-procedural coercion measures in its content. The paper concludes that procedural measures did not immediately appear in the construction of administrative coercion, this was due to the development of legislation on administrative responsibility, as well as legal doctrine. The problem of administrative coercion has been the subject of scientific attention for a long time. At one time, the research of the institute of administrative coercion even had a pro-Western character, where this coercion was used very widely. The author concludes that administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings on administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. The author notes that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion.
Administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings in cases of administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. It should be noted that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion.