For a committed unlawful act, a citizen must bear administrative punishment. His goals are to warn the perpetrator of other violations of public order. Therefore, this punishment is considered the sanction of this norm. Its main feature is that it restricts the guilty person of his rights for a certain period of time, which is considered a fair measure of punishment.
Definition
A punitive measure of responsibility, which is assigned on behalf of the state for committing an unlawful public act, is an administrative punishment, the purposes of which are aimed at preventing the guilty person and others from carrying out subsequent violations of the law.
This punishment cannot be used to humiliate a person’s dignity and inflict physical suffering on her. This feature is provided for by the Constitution.
Administrative punishment, whose goals are aimed at preventing citizens from committing other violations of public order, is one of the most significant in the legal system of the state. It can be established only within the limits of the current law.
Administrative punishment, the goals of which are necessary to comply with the law in society, is closely interconnected with the commission of the offense itself and is a measure of responsibility for the deed.
Kinds
The sanction for the offense is established only by the Code of Administrative Offenses of the Russian Federation, which indicates the concept and purpose of administrative punishment. It exists of several types:
- a warning;
- fine;
- deprivation of certain rights that are granted to a person;
- arrest;
- expulsion of a stateless person from the state;
- suspension of activity;
- disqualification.
Each of these penalties is determined only in accordance with the law. In addition, there are basic and additional types of sanctions. The concept and purpose of administrative punishment are provided for by the Code of Administrative Offenses of the Russian Federation, which states that this measure of responsibility is used to prevent the commission of other offenses by both the guilty person and other citizens.
The main types of punishments:
- administrative penalty;
- a warning;
- arrest;
- disqualification.
The seizure of the subject of the offense, expulsion from the Russian Federation, as well as the deprivation of a citizen of a certain right, may act as additional sanctions. In this case, the goals and types of administrative punishment are also enshrined in the Code of Administrative Offenses of the Russian Federation. The specified collection of legal norms states that this punitive measure is necessary in order to warn citizens from the commission of subsequent violations in the field of public order and state power.
When choosing a punishment for a guilty person, it is necessary to take into account his attitude to the offense, the financial situation, as well as circumstances that mitigate or aggravate his responsibility. The same sanction cannot be applied to one citizen twice. That is why the prevention of subsequent offenses is necessary in order to realize the goals and types of administrative punishment specified in the Code of Administrative Offenses of the Russian Federation, which are realized only after bringing the perpetrator to justice.
Arrest
The specified type of punishment for a committed offense in the field of public order is established only in those cases that are expressly provided by law, and is no more than fifteen days. It consists in the short-term detention of the guilty person in a special ATS receiver. In this case, the purpose of administrative punishment is to correct a citizen by temporary isolation from society.
Administrative arrest is appointed only by court order and can be from one to fifteen, and in some cases even up to 30 days.
This punishment is typical for committing:
- petty hooliganism;
- driving without a license;
- disobedience to the law enforcement officer;
- drug use.
For certain types of offenses, for example, non-compliance with the state of emergency, an arrest of up to thirty days is provided. In this case, the purpose of administrative punishment is to prevent the guilty person from subsequent misconduct that leads to the onset of responsibility.
Arrest is the most severe punitive measure. It does not apply:
- to pregnant women;
- women who have young children;
- to citizens under 18 years of age;
- persons with serious illnesses and disabilities.
Fine
This type of punishment is a pecuniary sanction, which is imposed on the guilty person and affects his property status. The penalty is always set only in rubles and in certain amounts. It can not be less than 100 rubles.
Amounts of fines collected from citizens and enterprises are credited to the state budget. In this case, the goals, the imposition of administrative punishments are aimed at making the number of offenses much less. That is why the penalty is the most significant and punitive measure, because it affects the property interests of the guilty citizen and the enterprise.
Tool withdrawal
It is considered one of the types of punishment that is used to eliminate offenses. This is indicated by the Code of Administrative Offenses. At the same time, the collection of laws also contains such a definition as administrative punishment, a concept, types, the purposes of which are provided for the full application of punitive measures against offenders.
The seizure of the gun is the compulsory selection of the object with which the offense was committed. This type of punishment is a punitive measure of a property nature, because there is a seizure of the subject with which the offense was committed.
In this case, administrative punishment is applied in order to prevent the guilty party and other persons from carrying out subsequent unlawful misconduct.
Legal alienation
Confiscation is one of the types of punishment in the field of administrative offenses, in which there is a gratuitous compulsory circulation of the subject with the help of which an unlawful act was committed into state ownership. It is used as an additional punitive measure. It is considered necessary in case of violation of the rules:
- Customs
- turnover of alcoholic beverages;
- weapons and technical regulations.
In addition, the confiscation of weapons cannot be applied to those citizens who engage in hunting and fishing, if for them this is the main source of income.
In this case, the concept, features, goals of administrative punishment are also enshrined in the current Code of Administrative Offenses.
The selection of rights
This type of punishment is provided for by Art. 3.8. Code of Administrative Violations. It applies only if the person grossly violated the rules of public order and state power. This punishment cannot be imposed for a period of less than one month and more than three years.
Deprivation of rights should not apply to persons with disabilities, unless the latter drove the vehicle while intoxicated and refused to undergo a medical examination. In addition, this punishment cannot be assigned to those citizens for whom hunting is the only way of existence.
Persons who drive vehicles after having seized a driver’s license can be held accountable and detained by police and arrested up to 15 days. At the same time, administrative penalties, goals, the tasks of which are indicated in the Code of Administrative Offenses of the Russian Federation are necessary to prevent subsequent violations, both by the guilty citizen and by other persons.
Expulsion
Applies to foreign citizens legally residing in Russia for committing administrative misconduct.
The essence of this type of responsibility is the forced displacement of these persons accompanied by law enforcement or customs authorities outside the state. In addition, foreign citizens can leave the territory of the Russian Federation themselves, but only in those cases provided for by law. Moreover, expulsion as an administrative punishment, concept, purpose, the purposes of which are indicated in the Code of Administrative Offenses, is the official termination of stay in the territory of the Russian Federation. It applies only in cases of violation of the regime of stay and crossing the state border.
Deportation, as a forced expulsion of foreigners outside the Russian Federation, is not considered any punishment.
Disqualification
It is a punitive measure, which is expressed in bringing a citizen to administrative responsibility, in connection with which a person cannot be in a senior position in an executive body, manage a legal entity.
Disqualification applies for a period of six months to three years. Applies to the following categories of individuals:
- individual entrepreneurs;
- to the general director, his deputies;
- arbitration manager.
In this case, the purpose and essence of administrative penalties lies in the fact that they are applied to these citizens on the basis of legislation, for violations committed in the field of labor protection, for deliberate bankruptcy.
Temporary stop of activity
It is a punishment that applies only to individual entrepreneurs and organizations, enterprises. The suspension of activity implies a temporary suspension of activity in connection with the prosecution for non-compliance with regulations.
In this case, administrative punishment may be aimed at preventing a threat to the life of the population in the event of any epidemic, disaster at the enterprise, which led to environmental pollution. In addition, this punitive measure applies to legal entities if they do not comply with public order, labor laws for stateless persons.
Temporary suspension of activity may be established for up to ninety days.
In the event that all violations that entailed the application of this type of punishment are eliminated, the legal entity or individual entrepreneur may apply to the judicial authority with a statement to repeal this punitive measure.
A warning
One of the easiest administrative penalties. However, it carries the same legal consequences as all other species. A person from the moment a warning is issued to him within a year after that is considered to be held accountable. This fact can have a negative impact on the re-sentencing for any other offense, be an aggravating circumstance. In addition, a warning is more a punitive measure of moral pressure on the guilty person.
The concept, goals and essence of administrative punishment here are that a citizen or organization will realize all the wrongfulness of their actions only from a psychological point of view. In addition, a warning can only be expressed verbally, but then it will be considered only a preventive measure.
Order
The punishment for a committed offense is assigned only to the extent established by law. No one may be held accountable twice for the same misconduct. In addition, when imposing a punitive measure for an offense, the following circumstances are taken into account:
- the identity of the guilty person and his property status;
- the nature and attitude of the citizen to the deed;
- emollients and aggravating factors.
The general rules for the imposition of punitive measures are the basic principles by which judges and officials should be guided within their powers.
First of all, the rule of law and equality of all citizens must be respected. In addition, the penalty may be applied only to the person who committed the offense.
If a citizen is found guilty of several misconduct, then punishment must be assigned to him individually. The court, when considering cases of offenses, may in one sitting decide the issue of compensation for property damage. A person who has been prosecuted and incurred for this punishment shall be considered subjected to him within a year from the date of execution of the decision.
General
The prosecution of guilty parties is necessary to ensure public order and prevent other offenses from being committed by both the guilty citizen and others. In addition, it should be assigned only within the limits established by the Code of Administrative Offenses.
A punitive measure in the form of an administrative punishment always entails unpleasant and even deplorable consequences for the guilty person, because within a year after the offense is committed, a citizen is considered involved for this offense.
In addition, when determining the sanction for a person, it is necessary to take into account his property status. It is also necessary to take into account circumstances that will mitigate his punishment, especially if earlier a person was not held accountable.
No one can be held accountable for the same misconduct twice.
Prescription
In this case, the term begins to be calculated from the moment the misconduct is discovered. It applies only to continuing offenses. These may include:
- violation of the deadline for the return of budget funds;
- failure to fulfill military registration obligations.
According to the Code of Administrative Offenses, the case of a committed administrative offense is considered at the place of the crime. A person who has been prosecuted may apply to the judicial authority with a request that the case be examined at his place of residence. In this case, the statute of limitations is interrupted until the materials arrive at the body authorized to review them at the address indicated in the application by the applicant.
According to the Code of Administrative Offenses of the Russian Federation, when a citizen commits several offenses, a punishment must be assigned for each individual. In the event that cases are considered by the same official, then only one sanction is applied.
The expiration of the statute of limitations suggests that the administrative case cannot be started or must be terminated on this basis.
Penalties
Must be imposed for each offense separately. An exception to this is when cases are administered by one official. The penalty should be imposed on the perpetrator, but no later than 2 months from the date of its commission. If the offense is considered to be continuing, then no later than the time when it was discovered.
A citizen will be deemed not subjected to an administrative penalty if he does not commit other illegal actions within a year after that. When this period of time has passed, the offense cannot be recognized as repeated.
The statute of limitations must always be considered at the next administrative penalty.
Fine amount
The smallest amount for the offense is one hundred rubles. That is what the law says. The size of the fine, which is calculated from the value of the item and unpaid taxes and fees, cannot be more than three times their value. This amount must be credited to the budget.
Fines are non-tax revenues of the local budget, unless otherwise provided by law. In addition, for officials they can not be more than two hundred, and for legal entities exceed 5,000 minimum wages.