Shubina E.V. Transmittal of an offender as a measure of administrative prevention

Abstract: The article describes the system of administrative coercion whose elements are characterized by the order and the reasons for coercive measures application; their aims; limits and prohibitions which should be observed when implementing particular forms of administrative coercion; preliminary and subsequent official registration of a law-enforcement act and its results; a limited list of subjects of law enforcement, etc.The author analyzes the grounds for the use of such a measure of administrative coercion as transmittal of an offender. The study examines the grounds for transmittal of citizens which are not connected with the commitment of administrative offence. The author analyzes normative sources, describing the procedure of transmittal, and offers the ways to solve the problems connected with implementation of this coercive measure. The article describes the historical aspect of changes in the legislation regulating this sphere of social relations. The methodology of the research includes the dialectical method of cognition, methods of social research, such as the comparative-legal, formal-logical, statistical, sociological methods and the method of content-analysis. In practice the use of such measures is registered in officers’ reports. The level of correctness of such documents often rouses censure of supervisory institutions. The author supposes that such procedural freedom is inadmissible; it is necessary to unify the forms and contents of the mentioned procedural documents by the decree of the Ministry of Internal Affairs of the Russian Federation. 

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