ADMINISTRATIVE ARREST IN THE SYSTEM OF ADMINISTRATIVE PENALTIES: ISSUES OF THEORY AND PRACTICE
Abstract and keywords
Abstract:
Today, the Russian Federation, according to the Basic Law (the Constitution of the Russian Federation) is a state governed by the rule of law and in the construction of domestic and foreign policy, the competent state bodies follow the corresponding "vector". In this regard, a huge range of public relations on the territory of the domestic state requires objective legal regulation, in connection with which there is an objective need to develop appropriate legal norms and effective sanctions, namely administrative arrest. In this regard, the legislator faces a certain challenge in analyzing modern public relations and creating appropriate regulations that would contribute to the generation of positive law enforcement activities that would pursue the goal of not only correcting convicts, but would also have preventive measures. Since most public relations are of an administrative and legal nature from the point of view of legal regulation, there is an objective need to develop clear administrative norms, as well as their systematization and law enforcement, which will contribute to the prompt suppression of administrative and legal offenses, as well as their prevention. Today, administrative arrest is a fairly common administrative and legal sanction issued by a judicial authority, which has its own characteristics. Domestic administrative legislation provides for certain specifics of the establishment and execution of this administrative punishment, which will be discussed in this article. The characteristics of this sanction have always caused discussions regarding the advisability of its inclusion in the system of administrative punishments, which will be similarly considered and analyzed in the article and will lead to appropriate conclusions.

Keywords:
administrative arrest, law enforcement, judicial instance, administrative offense, sanction.
References

1. «The Code of Administrative Offences of the Russian Federation» dated 12/30/2001 No. 195-FZ (as amended on 11/23/2024) (as amended and supplemented, intro. effective from 04.12.2024)// SPS «ConsultantPlus».

2. Ruling of the Constitutional Court of the Russian Federation dated 06/13/2006 No. 195-O «On the refusal to accept for consideration the complaint of the Commissioner for Human Rights in the Russian Federation on the violation of the Constitutional Rights of citizen Konstantin Alexandrovich Kulikov by the provision of Part 2 of Article 3.9 of the Code of Administrative Offences of the Russian Federation».

3. Vasiliev, V.N. Administrative arrest as a measure of administrative punishment : abstract of the dissertation. ... kand. jurid. sciences': 12.00.14 / V.N. Vasiliev. – Saratov, 2005. – 24 p.

4. Tataryan V.G., Tataryan E.E. Administrative arrest and its execution in the light of the fundamental reform of administrative and tort legislation // Actual problems of codification of administrative and tort legislation: Collection of scientific papers / Edited by V.G. Tataryan, Moscow, 2002.

5. Administrative offenses trends: 2023 [Electronic resource] // https://www.advgazeta.ru/mneniya/administrativnye-pravonarusheniya-tendentsii-2023-g/

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