LEGAL REGULATION OF ADMINISTRATIVE DETENTION BY THE INTERNAL AFFAIRS AGENCIES

The purpose of this study was to study the issues of legal regulation related to one of the measures to ensure administrative proceedings - administrative detention. The article provides an analysis of the articles of the Code of Administrative Offenses related to the implementation of administrative detention and the Law «On Police», according to which police officers are involved in the implementation of this detention. The implementation of this measure, being one of the important and urgent tasks facing law enforcement officers, is aimed at ensuring the rule of law and order, as well as protecting the rights and legitimate interests of citizens. Conclusions: in this study, we raised the issue of inconsistency with modern realities of legislative regulation of activities for the implementation of administrative detention. The content of the Code of Administrative Offenses of the Russian Federation does not regulate fundamentally important issues arising in the course of the administrative detention of individuals, in particular convicts. In addition, a problematic legal field here is the lack of clear regulation in the Criminal Executive Code of the Russian Federation of the procedure for carrying out this detention, which, in turn, deprives citizens of the necessary guarantees for the observance of their rights and freedoms. In addition, the issues concerning the subjects entitled to arrest are not always resolved in the same way. We believe that a big gap in the legislation is the lack of specification of the subjects entitled to detain persons sentenced to compulsory, corrective and forced labor. Thus, in the light of the current situation, when there is no proper legal regulation of the interaction of law enforcement agencies in the application of preventive measures, it is necessary to legislatively consolidate the powers of employees of the penal system to detain convicts, as this leads to the deprivation of citizens of the necessary guarantees for the observance of their rights and freedoms, which is inconsistent with constitutional norms.

administrative detention, convicts, police officer, employee of the penal system