Shutilina O.A. Administrative detention as a measure to prevent administrative offence

Abstract: The article deals with the legal nature and essential characteristics of legislation giving grounds for administrative detention. Some drawbacks of administrative legislation concerning detention in the Russian Federation are analyzed in the paper. The absence of detailed enumeration of grounds for administrative detention in the art 27.3 of the Administrative Code makes its definition not clear enough for its practical usage. The general scientific methods of cognition such as the method of analysis, the comparative method, the system and structural methods, the legal and technical research methods form the methodological basis of the article. The article investigates the acute problem connected with the administrative detention of a person who has not been brought to trial and consequently is not instituted to administrative proceedings. In the author's opinion, it doesn't mean that the detention was illegal or violated the requirements of the Constitution of the Russian Federation and International Law.The author underlines the fact that there is a strong necessity to protect the rights of the detained person who is intoxicated and to examine him by the psychiatrist legally, besides it is necessary to fix the period of time within which the particular person becomes sober without any medical assistance. Nowadays under the current legislation it is impossible to determine the commencement of the period of administrative detention for persons who are intoxicated.The article draws attention to the fact that there is a lack of general regulations of appealing against administrative detention in the current Code of Administrative Offences of the Russian Federation. Consequently, according to the author, it is necessary to develop a unified approach to the procedure of appealing against administrative detention despite the fact what public authorities or authorized officials carry out the detention.It is concluded that administrative detention should comply with the Convention on Protection of Human Rights and Fundamental Freedoms and pursue a legitimate purpose. According to the author, the absence of the latter doesn't allow consideration of administrative detention as reasonably necessary for prevention an offence, and this fact testifies to its arbitrary nature.

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