Shutilina, O. A. Questions of Using Detention as a Measure of Support for Proceedings in Administrative Cases

Abstract: This article examines the legal nature, essential qualities and the legal rules governing the matters related to the substation for detention. Detention as a method for support for proceedings in administrative cases should be differentiated from administrative coercion measures which are not associated with committing an offence and are of preventive nature. This is a measure that supports the proceedings in administrative cases in its legal nature which is defined by their objectives, it is not a sanction but a support measure of coercion which the help of which the required flow of proceedings is ensured. Methodologically, this article is based on the general scientific research methods, such as systematic analysis, comprehensive approach, comparative legal, formal logic, systematic and structural, formal legal, legal and technical research methods. the author notes that the definition of this support measure for administrative proceedings does not fully take into consideration all of its essential characteristics. Due to the above, the definition of the support measure for administrative proceedings which is a complex administrative-law phenomenon, may only be possible on the basis of establishing its inherent attributes. The author underlines that what remains unchanged is the provision that the restrictions on human rights and freedoms which are allowed under the Russian Constitution should be commensurate in the contents and volume to the interests being protected and correspond to the general goals, objectives and principles of applying detention as a measure to support the proceedings in administrative cases.

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