Administrative Punishments: Theoretical and Legal Characteristics and Some Problems of Their Infliction

The paper examines some aspects of theoretical views on administrative punishment. The author analyzes the concept of administrative punishment as a measure of responsibility for an administrative offense, its essence and objectives. The study highlights a number of topical problems in the field of legal regulation of the system of administrative punishments that cause difficulties in the correct choice and appointment of administrative punishments. Attention is drawn to the lack of a unified approach for the legislator to establish a system of administrative penalties in terms of their alternative or non-alternative nature. It is shown that some sanctions are incompatible with the nature of the offense; there is a significant gap between the lower and upper limits of penalties in alternative sanctions, a significant difference exists in the sanctions applied to different subjects of the same offense. As a result, the commission of a more socially dangerous act in practice entails infliction of a less severe punishment, which does not meet the goals of prevention. It is noted that in some cases, when deciding on the infliction of an administrative penalty, jurisdictional authorities do not take into account mitigating or aggravating circumstances. Some proposals are made to improve the current legislation on administrative offenses. In particular, the author suggests that it is necessary to correlate all administrative offenses with each other according to the degree of public danger and, on this basis, introduce a system of punishment for administrative offences. It is also proposed to toughen the liability in relation to individuals, since the amount of the fine in relation to individuals and legal entities in some cases differs 50 times. At the same time, the author substantiates the necessity of involving the population in the development of legislative initiatives in this area.

Violation of sanitary and epidemiological rules: issues of criminalization and legislative regulation

The article discusses some problems of criminalization and lawmaking in the field of countering crimes involving violations of sanitary and epidemiological rules. From the point of view of the legal and technical approach, Part 1 of Article 236 of the Criminal Code of the Russian Federation contains a construction of a complex composition, which can be called «delinquent-material». In such a composition there is both a mass disease (poisoning of people) and the threat of a mass disease (poisoning of people) they are considered not as acts, but as a socially dangerous consequence. In other words, this kind of criminal-legal construction includes, firstly, the violation of the rules itself and, secondly, socially dangerous consequences in the form of mass illness or poisoning of people or creating a real threat of the onset of these consequences. At the same time, violation of sanitary and epidemiological rules without the occurrence of socially dangerous consequences or the threat of such consequences entails administrative responsibility under Articles 6.3 — 6.7 of the Administrative Code of the Russian Federation.The author notes that an act that creates a real threat to law enforcement facilities provided for in Part 1 of Article 236 of the Criminal Code of the Russian Federation has a lower degree of public danger compared to such actions (inaction) that inadvertently lead to mass illness or poisoning of people. Equalizing the limits of criminal liability for the commission of the two abovementioned torts is a violation of the principle of justice. In this regard, the author of this article proposes in Part 1 of Article 236 of the Criminal Code of the Russian Federation to establish responsibility for violation of sanitary and epidemiological rules if such violation created a threat of mass illness or poisoning of people. In turn, criminal liability for violation of sanitary and epidemiological rules, which inadvertently caused mass illness or poisoning of people, should be established in Part 2 of Article 236 of the Criminal Code of the Russian Federation, which provides for a more severe punishment.

A State of Administrative Punishment

The paper analyzes the negative legal consequences associated with the fact of bringing to administrative responsibility and circumstances occurring after the end of the execution of the sentence. These consequences are established not only by the Code of Administrative Offenses of the Russian Federation, but also by many other laws. They differ among themselves in the content and duration of the periods during which they arise and continue. Based on this, the author concludes that it is necessary to introduce a concept similar to the concept of "conviction" in criminal law into the legislation on administrative offenses, and talk about the "state of administrative punishment" that should be understood as a special legal status of a person brought to administrative responsibility, characterized by the possibility of the imposition of a more severe punishment in the event of a repeated offense and the application of other negative measures. Under the Code of Administrative Offences of the Russian Federation, the term of administrative punishment is one year, i.e. any negative consequences of being brought to administrative responsibility can take place within a year after the end of the execution of the sentence, including the possibility of imposing a more severe punishment for the repeated offense, recording the information about the facts of bringing to responsibility during employment, disseminating information about the fact of committing an offense. After the expiry of the term of administrative punishment, the person should be considered not previously brought to administrative responsibility. After that term no negative consequences associated with this fact can take place. As in criminal law, the term of administrative punishment can differentiate depending on the gravety of the offense or the type of punishment imposed. The mechanism is provided for the early termination of the state of administrative punishment.

A History of Early Drug Sentences in California

The early history of drug sentences in California provides a quintessential example of structural racism in law. The demands of white voters to escalate penalties for drug crimes followed a pattern of collective myth making and value signaling that insisted opiates, cocaine, and cannabis were extremely dangerous, led to other crime, and prevalently were used and sold by immigrants and other despised groups. Public pressure for more severe punishment seemed to peak twice, in the 1920s and 1950s, in response to exaggerated threats such as “dope peddlers” targeting children and profitable “dope rings” controlled by subversive foreigners. Amplified by a self-seeking, robust news media and a multitude of fraternal, civic, and religious organizations, the frightful construction of illicit drugs seemed to demand a simple and uncompromising response: to punish drug users harder by increasing terms of incarceration. But white voters always understood that drug laws targeted immigrants and communities of color, and law enforcers used extreme penalties as leverage to pursue corrupt and racist prerogatives unrelated to reducing drug use. Drug penalties in California were developed over many decades with almost extreme levels of participation by antidrug activists and law enforcers. Appearing somehow scientific, the resulting arrays of penalties implied that the cruelest sentences were reserved for the truly blameworthy, when in fact they were reserved for the marginalized. Moreover, several legal conventions born of these penalty structures—mandatory minimums, the distinction between user and seller, punishment of addiction itself, and presumptions arising from drug quantities—still exacerbate the oppressive nature of drug statutes.

Mystical Sects on Territory of Tobolsk Province of 18th — Early 20th Centuries: Distribution and Number of Followers

The article is devoted to the study of the history of the mystical sectarianism spread on the territory of the Tobolsk province in the 18th — early 20th centuries. The main groups of mystical sects in the Tobolsk province are revealed. The features of the sects’ doctrine are characterized. The socially dangerous nature of the activities of Eunuchs, causing physical and moral harm to persons involved in the sect, is characterized on specific historical material. The authors come to the conclusion about the relativity of government statistics on the number of sectarians in the region. The nature of the interaction of sectarian communities with the state, as well as the implementation of confessional policy on the territory of the province is presented in the work. Analysis of forensic sources allows us to conclude that the use of severe punishment, including imprisonment, deprivation of all rights of the state and exile to remote areas of the country, largely contributed to the departure of Eunuchs from the practice of castrating their followers, the use of less cruel methods of achieving “bodily purity”. The dynamics of the degree of distribution and the nature of the settlement of sectarians are considered. The research was carried out on the basis of the analysis of the complex of legislative, statistical and record keeping sources of the Russian State Archive of Ancient Acts (Moscow) and the State Archive in Tobolsk.

Formation of the penitentiary System of Soviet Ukraine (first half of the 20th century)

The process of organizing and becoming a system of execution of criminal penalties in Soviet Ukraine has been investigated since the Education of the Ukrainian SSR until 1930 - the beginning of the 1950s.; marked the main stages of the development of the state; The main regulatory acts of the structural and organizational activities of the penitentiary system are analyzed. In the 1920s. The Soviet penitentiary system was considered as a composite punitive system of the state and an effective means of combating the «class enemy». At the same time, the system of correctional institutions in Ukraine has not yet been considered as a means of severe punishment in the conditions of isolation from society, and it was also interpreted as an integral part of the condemnation system of convicts in social waste. The system of execution of criminal penalties to which correctional labor camps and general places of detention were determined. Independent subsystems were considered prison institutions (ordinary and investigative prisons), as well as labor colonies for minors and children's educational colonies. It has been established that under the conditions of Stalinism, an extensive network of the criminal executive system was a kind of foundation of totalitarian regime, was in an organic relationship with the administrative command system. The state administration of criminal and executive institutions in the post-war years carried out, and based on the principles of strict control of various departments of the NKVD, NKGB, MJ, Ministry of Internal Affairs.

From Textuality to Universality: The Evolution of Ḥirābah Crimes in Islamic Jurisprudence

The issue of the escalation of crime, which is increasingly varied and is getting heavier, is becoming a global concern. The development and progress of the world seems to have contributed to changes in the type and quality of crime, not only in the form and method, but also in the damage it causes. Crime trends increasingly point to collective crimes, systematic crimes, and crimes with extensive and massive excess damage. This article intends to criticize the systematic change (evolution) that has occurred in the concept of ḥirābah crime in Islamic law from a classical to contemporary perspective. The qualitative analysis of this article is focused on three fundamental issues, namely; ḥirābah interpretation, ḥirābah liability, and ḥirābah punishment. The author reveals in the conclusion that; first, based on its elements and characteristics, the definition of ḥirābah can be expanded to include new types of crimes such as; terrorism, rape, and drug trafficking and smuggling. Second, it is necessary to reconstruct the ḥirābah responsibility theory into a formulation that considers the principle of legal certainty and the principle of equality before the law. The reconstruction model, among others, is the affirmation that all people who involve themselves in the crime are perpetrators of ḥirābah (with an ishtirāk approach). Likewise, reconstruction efforts are needed to enforce equality of accountability between male and female actors. Third, as a serious crime, ḥirābah deserves a severe punishment and has a strong deterrent effect, as offered by Islamic law. However, the opportunity to give dispensation to the punishment will always be open if the perpetrator can prove his seriousness in repenting.[Eskalasi kriminalitas yang semakin beragam dan berat telah menjadi perhatian global saat ini. Pembangunan dan kemajuan dunia berkontribusi pada perubahan pola dan tingkat kriminalitas, tidak hanya bentuk dan cara, tetapi juga akibat yang ditimbulkan. Trend kriminalitas bertambah mulai dari yang berkelompok, sistematis, hingga yang kerusakannya masif dan pengaruhnya panjang. Tulisan ini mengkritisi perubahan sistematis pada konsep kriminal (ḥirābah) dalam hukum Islam dari pendekatan klasik hingga kontemporer. Analisis kualitatif dalam tulisan ini fokus pada tiga hal mendasar yaitu penafsiran, arah kecenderungan dan hukuman. Kesimpulan pertama tulisan ini adalah definisi kriminal berdasarkan unsur dan karakternya yang dapat meluas maknanya termasuk terorisme, pemerkosaan, narkoba, dan penyelundupan. Kedua, perlu rekonstruksi baru teori kriminalitas yang mempertimbangkan kepastian hukum dan kesetaraan hak dimuka hukum. Ketiga, sebagai kejahatan serius, ḥirābah pantas mendapat hukuman berat dan mempunyai efek pencegahan yang kuat seperti halnya dalam hukum Islam. Meski demikian, ada peluang dispensasi hukuman jika pelaku dapat menunjukkan kesungguhan untuk bertobat.]

Tomsk Judge Alexander Levberg: The Facets of Collaboration with Bolsheviks at the Beginning of the Civil War

In 1917, the Soviet regime began to introduce new forms of state and legal relations. The former system of justice was being violently destroyed, which led to a split in the judicial community and caused significant changes in the legal culture of practitioners, who were thrown into unavoidable political and professional choices. In this article, the author refers to the story of judge A. E. Levberg and studies the professional paths of Siberian judicial figures who joined Soviet institutions, finding out the motives governing their actions and evaluating the repressive measures employed. The study makes it possible to add new information to data on the mechanisms of revolutionary transformations, helps explain the patterns of how state legal systems functioned, and increases knowledge about human behaviour during a deep social and political conflict. A central focus on everyday life, micro-historical analysis, and the use of various sources (print media, private sources, and archival documentation introduced into scholarly circulation for the first time) make it possible to comprehensively consider reports on the liquidation of pre-revolutionary courts and the transfer of their employees to work for the Bolsheviks. Such decisions did not necessarily entail the intentional participation of judicial personnel in the construction of the new regime, as it could have been caused by material need; moreover, it allowed judges to continue their judicial practice and fulfill their professional duty to society. Many might have considered their work in the Soviet state apparatus as subversion against it. The judicial community itself considered cooperation with the Soviets a betrayal of the principles of corporate solidarity and ideals of justice. After the Bolsheviks had been overthrown, their collaborators from among the judiciary were prosecuted. Despite social and professional hostility towards them, these people avoided severe punishment: the legal framework did not classify their actions as a crime, and no provision existed for sanctioning moral or political choices.

The little orange tree grew

The sixth chapter likens the Haitian Revolution to a cockfight and begins to question Toussaint Louverture’s uses of power. By January 26, 1801 Toussaint has become the dominant cock, largely due to his huge political organization in the Northern provinces. A hint of reproach echoes in the discourse of narrator Grinn Prominnin because of the unacknowledged debt owed by Toussaint to the masses of formerly enslaved people who participated in the Revolution. At this point the black rebels were often insufficiently armed or were pitted against one another. Some fought for personal interests, others on more general terms; the result was a weakened position. Their advantage lay in their sheer numbers and common determination to become free. In 1793 Toussaint tapped into this energy by declaring the goal of universal freedom and liberty for Saint-Domingue, a political and tactical move that assured the former enslaved people’s loyalty to him. Once his organization solidified, he allied himself with French forces, against the Spanish and British (on whose side other rebel leaders were fighting). By 1795, Spain was defeated, and Saint-Domingue was controlled by three sectors: the new French political commissioner (Lavaud), the freedmen (Vilatte, Beauvais, and Rigaud), and Toussaint’s army. Major contradictions—economic, political, and military—divided the masses from the leaders in the latter group; often the former enslaved people were forced to work the land for the benefit of the revolutionary generals. Meanwhile, both inside and outside of Saint-Domingue, people began to distrust the paper money issued by the revolutionary state, and its value decreased. The war in the South took form, with Toussaint positioned against Rigaud. France’s third civil commissioner, Sonthonax, arrived in 1796 and was determined to crush the British and the mulatto generals’ troops. Sonthonax named Toussaint the leading general and Rigaud an outlaw. But Toussaint had Sonthonax expelled from Saint-Domingue the following year due to their several disagreements (including the fact that Sonthonax promoted Moyse Louverture to the rank of general, passing over several other leaders in Toussaint’s army). Meanwhile, in France, the political situation was becoming more conservative, and Toussaint feared that the former colonists would return to seize their property. In a dog-eat-dog society, every class has economic, political, and ideological interests; the freedmen and newly freed slaves were at odds. Toussaint subsequently repulsed Hédouville (who was sent by France as an agent of the Directory, charged with implementing reforms) and fought a vicious war in the South against Rigaud, the dominant mulatto general, thus deepening the racial divisions in the general population. Although Rigaud took a racial approach himself, Toussaint’s demagogy encouraged this social poison to pit the masses of formerly enslaved people against the mixed-race people, a problem reflecting Haiti’s hereditary ideological disease. Toussaint’s primary interests were commerce, money and the trappings of power. So intent was Toussaint on keeping Saint-Domingue afloat economically that he imposed strictures on the formerly enslaved people through a “rural work code,” forcing them to either remain on the same plantations where they had previously toiled or face severe punishment (including death). The idea of “freedom for all” thus began to lose its meaning. England and the United States began to exert pressure on Saint-Domingue as well. Before the War of the South between Toussaint and Rigaud, blacks and mixed-race people were allied against France, but afterwards each group sought its own type of Haitian independence. The beginning of the end of Toussaint’s power came about when the rebel leader fell into the Rigaud’s trap in the afè Koray [Corail Affair]; he nevertheless continued to fight for several more years. Toussaint’s leadership style moved to demagogy, and after 1799, plots mushroomed everywhere against him. The other rebel general, Jean-Jacques Dessalines, did not play upon social tensions in the same way that Toussaint did: instead of using race as a wedge issue, he allowed a group of mixed race people to join the rebel army, which raised everyone’s spirits and frightened the enemy. Toussaint’s organization was closer to the interests of the masses than Rigaud’s. With Dessalines, he convinced several maroon groups to fight against Rigaud; Dessalines won the South soon afterwards. The war of the South helped advance the larger revolution in Saint-Domingue. Once Rigaud was defeated, Toussaint was the only serious cock in the former colony. Freedom for everyone was the main interest of his organization, and he unified the country around it; Dessalines and Pétion ultimately worked together to help repulse Leclerc’s invasion of 1802. The freedmen’s advantage was blunted before they could take advantage of others. The former slaves grew stronger as a result. Despite Toussaint’s demagogy, the revolution was holding strong; though Toussaint still occupied a position of authority, there remained many contradictions in his camp.

Kasper Cichocki (1545–1616) — A Catholic polemicist from Tarnów

The article constitutes a biography of a religious writer, born in Tarnów, educated at the universities in Cracow, Italy and Germany, a scholar and clergyman. He attained certain ecclesiastical dignities (the canon of Wilno and Sandomierz, the parson of three parishes), however, first and foremost, he achieved fame and recognition as the writer of two Latin texts. Both texts were created in defence of the Jesuit Order, at that time greatly attacked because of their uncompromising nature in fighting against the Protestants residing in Poland. In particular, the second text of Kasper Cichocki, “Alloquiorum Osieciensium”, became widely known in Poland as well as in Europe. Due to the fact that the text targeted the then reigning king of England and Scotland, James I Stuart, it met with acute diplomatic opposition from the court of London, who demanded a severe punishment for the author and a public burning of his work.