Factors of Reducing the Educational Function of Administrative Punishment

2021 ◽  
Vol 25 (5) ◽  
pp. 1-1
Author(s):  
Nikolay Deryuga ◽  
Artem Deryuga
Keyword(s):  
Administrative Punishment

Features of The Proceedings on Administrative Offenses Initiated for Violation of Fire Safety Requirements

2019 ◽  
pp. 100-104
Author(s):  
A. K. Sabirova
Keyword(s):  
Russian Federation ◽  
Fire Safety ◽  
Federal State ◽  
Safety Requirements ◽  
Administrative Legislation ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Made In

The article is devoted to the analysis of the features of administrative proceedings instituted for violations of fire safety requirements, including important changes made in the relevant area of the administrative legislation of the Russian Federation, as well as the analysis of the legislative possibility of applying administrative punishment in the form of administrative suspension of activities for non-compliance with the requirements of the federal state firefighters oversight (including named changes).

scholarly journals Optimization of justice: administrative offense cases in Russia

2021 ◽  
pp. 145-154
Author(s):  
O. V. Pankova
Keyword(s):  
Legal Regulation ◽  
Judicial System ◽  
The Other ◽  
Social Significance ◽  
The Social ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Simplified Procedure ◽  
Special Rights ◽  
Administrative Penalty

The article is devoted to the study of the problems of legal regulation of jurisdiction and jurisdiction of cases of administrative offenses in the light of the forthcoming reform of administrative tort legislation. The author shows how the issues of optimizing jurisdiction and jurisdiction in such cases are related to solving the problem of ineffectiveness in the administration of justice in the sphere of administrative-tort relations and restoring the systemic character of legislative regulation of administrative responsibility, establishing clear criteria for the distribution of cases of administrative offenses between judicial and non-judicial bodies, with one hand, and within individual links of the judicial system — on the other. Particular attention is paid to substantiating the need to establish a predominantly out-of-court procedure for considering cases of administrative offenses. At the same time, it is emphasized that the optimization of the administrative and jurisdictional activities of the courts should be associated with such factors as the social significance and direction of the unlawful act, as well as the severity of administrative punishment. In this regard, the appointment of administrative punishments in the form of a warning, deprivation of special rights and administrative expulsion in the form of an independent departure from the Russian Federation is proposed to be attributed to the exclusive competence of the executive authorities.With regard to an administrative fine, the author concludes that only in cases where the size of the fine is comparable to a more severe administrative penalty or the amount of increased fines established for crimes in similar areas of activity, its imposition should be attributed to the exclusive competence of the court.In certain cases, it is also proposed to introduce a simplified procedure for considering cases in the courts on the imposition of an administrative fine.

scholarly journals Terms of Forced Return and Expulsion of Foreigners and Stateless Persons by Bodies of the Border Guard Service in a Pandemic

2020 ◽  
pp. 66-77
Author(s):  
Nadia DEMCHYK ◽  
Ruslan HRYNKO
Keyword(s):  
The State ◽  
Immigration Detention ◽  
Temporal Regulation ◽  
Occupied Territory ◽  
Legal Nature ◽  
Administrative Punishment ◽  
Coronavirus Infection ◽  
Russian Law ◽  
Forced Return ◽  
Administrative Proceedings

The article examines the doctrinal approaches to determining the legal nature of the terms of forced return and expulsion of foreigners and stateless persons by bodies of the border guard service. The analysis of domestic and foreign scientific views on time measurement in administrative proceedings has been carried out. The rules of the American and European system of termination of illegal stay of third-country nationals in connection with immigration detention, which is distinguished by its purpose and duration. The place of administrative deportation in the system of migration measures under Russian law is explained by the fact that it is an administrative punishment of foreign citizens and stateless persons who are subject to detention and are kept in specially designated premises. The peculiarities of temporal regulation and its significance in the application of coercive measures aimed at the return of a migrant in the context of the global spread of coronavirus infection are clarified. The allocation of material and procedural terms within the framework of which the state border guards exercise the powers of forced return and expulsion from the territory of Ukraine is reasoned. The focus on achieving the migration result reflects the material content of the terms allotted for departure and / or ensuring the departure of an illegal migrant from the country. The material expulsion terms are also associated with detention, which is applied according to the rules of administrative proceedings and is characterized by a significant duration, especially in a pandemic. The appointment of procedural terms is justified on the basis of the current norms of administrative-procedural legislation and is associated with the performance of the procedural actions necessary to be applied to the court and the phasing of administrative-jurisdictional proceedings. During the quarantine it is allowed to review the procedural terms in contrast to the material ones. Among the prospects of elaboration of the chosen topic, a comprehensive study of the normative regulation of time characteristics of immigration detention in accordance with the new administrative legislation and the return of foreigners (stateless persons) detected during their crossing the state border and entering the temporarily occupied territory of Ukraine is proposed.

scholarly journals Failure by Parents or Other Legal Representatives of Minors to Fulfill Their Obligations to Teach the Latter the Traffic Rules, to Foster a Responsible Attitude to Their Compliance, Expressed in the Admission of Driving Vehicles by Minors Who Do Not Have This Right, Which Caused Serious Consequences Due to Negligence

2020 ◽  
pp. 57-61
Author(s):  
Aleksei Viktorovich Ravnyushkin ◽  
Aleksandr Petrovich Nagorny
Keyword(s):  
Russian Federation ◽  
Motor Vehicle ◽  
Criminal Liability ◽  
Motor Vehicles ◽  
Administrative Punishment ◽  
Responsible Attitude ◽  
The Russian Federation ◽  
The Right ◽  
Traffic Rules ◽  
Administrative Responsibility

One of the most acute problems nowadays is the prob-lem of reducing not only the rate of accidents, but also the number of injuries and deaths on the roads. The in-crease in the number of minors injured in road acci-dents, including those driving motor vehicles, causes particular concern. It is stated that bringing individuals to administrative responsibility is possible for transfer-ring control of a motor vehicle to a person who knowing-ly does not have the right to drive a motor vehicle under Part 3 of Article 12.7 of the Code of Administrative Of-fences of the Russian Federation, and also for not taking measures to prevent repeated driving vehicles by mi-nors who do not have such right, under Part 1 of Article 5.35 of the Code of Administrative Offences of the Rus-sian Federation. However, administrative responsibility and measures of administrative punishment do not pre-vent serious socially dangerous consequences from driving motor vehicles by minors who do not have this right. The present study substantiates the need to estab-lish criminal liability for failure by parents to fulfill their obligations to educate and teach minors to observe traf-fic rules, which is expressed in letting minors drive mo-tor vehicles without having this right, which resulted in serious consequences due to negligence.

scholarly journals Re-education through Labour in Historical Perspective

2005 ◽  
Vol 184 ◽  
pp. 811-830 ◽  
Author(s):  
Fu Hualing
Keyword(s):  
Cultural Revolution ◽  
Historical Perspective ◽  
Crime Control ◽  
Political Control ◽  
Drug Rehabilitation ◽  
Political Behaviour ◽  
Multiple Functions ◽  
Control Drug ◽  
Administrative Punishment ◽  
The Government

Re-education through labour (laodong jiaoyang or laojiao for short) is an administrative punishment imposed by the police. Since its inception in 1955, it has become a convenient instrument for the government to use to deal with any crisis. Its development has largely followed the ebb and flow of the CCP's political behaviour. Created as a comparatively mild suppression of counterrevolutionary activities, laojiao served as a useful instrument of punishment for dissenting intellectuals in 1958, though it was then nearly phased out during the radical years of the Cultural Revolution. Laojiao expanded quickly as a result of the CCP's anti-crime strategy after 1983, and has grown steadily ever since. It now serves multiple functions, including crime control, drug rehabilitation, investigative detention and political control. It enjoys different degrees of legitimacy and justification. Any substantive discussion on the future of laojiao has to be offence and offender specific.

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