Administrative Arrest as a Judicial Administrative Punishment

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The purpose of the research. The article analyzes the concept of understanding administrative arrest as a type of judicial administrative punishment through the prism of the historical experience of the national model of public force. The purpose of the research is to analyze the development of legislation on administrative liability in relation to administrative arrest in retrospect in order to establish criteria for classifying administrative arrest as judicial administrative punishments and prospects for the application of this type of punishment.

Results. As a result of the research, the authors come to the conclusion that the axiomatic nature of the modern perception of administrative arrest as a judicial administrative punishment is based on a long and logical path of development of legislation on administrative liability and the experience of the legislator's search for the optimal model of public force. The authors note that the basis for classifying administrative arrest as judicial administrative punishments is the criterion of limiting the personal constitutional rights of a person subjected to administrative punishment. Despite the discussion in the scientific community regarding the expediency of maintaining administrative arrest, the authors note the objective need of the legal system for this type of administrative punishment for the effective implementation of the administrative and protective function of the state, provided that the exceptional nature of its appointment is preserved.

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作者简介

Aleksander Stakhov

Russian State University of Justice

编辑信件的主要联系方式.
Email: alexander-stakhov@yandex.ru
SPIN 代码: 1402-4402

Dr.Sci.(Law), Professor, Head of the Department of Administrative Law and Procedure

俄罗斯联邦, Moscow

Yu. Stazhila

Russian State University of Justice

Email: stazhila.m@gmail.com
SPIN 代码: 5205-4360

postgraduate student of the Department of Administrative Law and Procedure

俄罗斯联邦, Moscow

参考

  1. Dolgikh I.P., Suponina E.A. Administrative arrest and human rights // Science and modernity. 2014. No.32-2. Pp. 169-173.
  2. Kardanova, M.A. Police arrest in monarchical Russia : Historical and legal research : abstract of the dissertation of the candidate of Legal Sciences: 12.00.01 / Kuban State Agrarian University. un-T. - Krasnodar, 2005. - 29 p.
  3. Kirin A.V. Contradictions of the conceptual and legal status of arrest as an administrative punishment // Administrative law and process. 2011. No. 9. Pp. 32-34.
  4. Pankova O.V. Optimization of justice in cases of administrative offenses // Bulletin of the O.E. Kutafin University (MSAL). 2021. № 6 (82). Pp. 145-154.
  5. Stazhila M.Yu. The origins of the modern understanding of administrative liability // Formation, development and integration of extrajudicial and judicial administrative proceedings in the Russian Federation: Collection of scientific articles. Moscow: RGUP. 2023. Pp. 314-320.
  6. Tarkhov, A.V. Administrative Punishments restricting personal freedom : abstract of the dissertation of the candidate of Legal Sciences : 12.00.14 / Moscow. The Ministry of Internal Affairs of the Russian Federation. - Moscow, 2004. - 24 p.

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