What are the administrative penalties? To understand this, you should understand the terminology. According to the directory, administrative punishment is a measure of responsibility provided at the state level. The main purpose of such measures is the prevention of offenses. These are actually punitive measures that are regulated by procedural legislation and can be assigned as part of the requirements of the Code of Administrative Offenses. However, punishment is not an end in itself, the main thing is that the subjects of offenses realize their guilt, and those around them understand that certain offenses will necessarily be followed by punishment. In no case, administrative punishment is not intended to degrade the dignity of a person.
A ban on the operation of a vehicle or suspension from work for a period of emergency is not considered an administrative punishment.
Classification
An exhaustive list of administrative penalties is set out in article 3.2. CAO. Today there are 9 species. All of them can be applied to individuals. Sanctions apply to legal entities:
- fine;
- a warning;
- seizure, confiscation of the instrument or the subject of the offense (paid);
- suspension of activity.
There is one common feature for all types of punishment - the commission of an administrative offense.
Seven of the existing types of sanctions can be imposed solely by the court, for example, arrest or expulsion from the country.
Additional and basic penalties are also highlighted. Additional measures are applied in addition to the basic punishment. For example, the main measure may be the imposition of a fine for the illegal trade in any goods, and as an additional measure, the confiscation of this product.
A warning
What are the administrative penalties? Perhaps the easiest measure is a warning. Public censure may be imposed on an individual and legal entity. Unlike written and verbal warnings, the administrative must be issued by order, which is handed over to the responsible person under signature.
Many legal experts regard this measure more as a moral impact. On the other hand, such a warning is valid for 1 year and throughout this period, the punished person is considered to be held administratively liable. Therefore, nevertheless, such a measure should be regarded as moral.
Recovery
Warning, an administrative fine is the easiest punishment. Only the last sanction is financial in nature. A fine can be applied only as the main form of punishment.
The financial penalty is imposed on the offender in rubles. Today, a fine cannot be less than 100 rubles, but it cannot exceed 5,000 rubles if the offense is committed by an individual. For legal entities, the upper bar is - one million rubles, and for officials - 50,000 rubles.
There are several methods for determining the size of the fine. For example, the size can be calculated based on the amount that is not returned to the state budget or calculated on the size of the proceeds from the goods that were illegally received for sale.
For non-payment of the fine, the Code of Administrative Offenses sanctions are provided in the form of penalties, public and forced labor.
Compensated seizure of items and the instrument by which the offenses were committed
What are the administrative penalties? Another measure is the seizure of the subject (instrument) of the offense. Such a measure can be applied exclusively to the thing that is directly related to the offense. The withdrawal itself can only be made by the owner of such a thing.
Due to the fact that such a measure can be applied exclusively on a reimbursable basis, in practice it is extremely rare.
Compensated exemption is provided for only two types of offenses:
- violation of the rules for carrying, storing, collecting weapons and / or ammunition (Article 20.8);
- violation of the rules for using weapons and / or cartridges (art. 20.12).
Only a court is entitled to decide on such a measure. Moreover, if a person acting as an offender and at the same time being a hunter or fisherman for whom this type of activity is the main one, cannot be deprived of weapons. This is an important nuance.
Confiscation of the instrument or offense
Another point needs to be supplemented. Unlike the Criminal Code, under the Code of Administrative Offenses, only those objects or things that were used in the commission of an administrative offense can be confiscated. Such a measure acts as an additional.
Confiscate money, tools, weapons, non-certified goods, vehicles and the like. However, during confiscation, the same rule applies as with forfeiture, that is, the implements cannot be taken by which the offender earns his living. Such a measure may be imposed solely by a judge.
Deprivation of Special Rights
What penalties are administrative and can be applied exclusively to an individual? Today, the current legislation provides for two types of deprivation of special rights:
- to conduct a hunt;
- to drive vehicles.
To exercise both rights, you need a special permit, that is, pass an exam, pass a medical examination and so on. Consequently, the punishment for an offense can be applied exclusively to an individual.
The maximum term of deprivation of a special right may not be less than 1 month, but may not exceed 3 years. Only a judge can deny special rights.
Arrest
This punishment is considered the most severe under administrative law. And lies in the fact that the offender is isolated from society for some time.
The maximum period of administrative arrest in peacetime is 15 days. If a person commits an offense in the area where the counter-terrorist operation is carried out, then the arrest can be extended up to 30 days.
The period of arrest is calculated from the date of detention of the offender. After the court ruling on administrative arrest, the offender is placed in a special institution - a receiver at the internal affairs bodies. The arrested persons are obliged to fulfill all the requirements stipulated by the regime throughout the entire term.
For some categories of persons, such a measure does not apply, namely:
- to minors under 18 years old;
- to women who raise children under the age of 14;
- to military personnel;
- to persons who are at a military training camp.
It is impossible to arrest some civil servants under administrative procedure: police officers, fire and customs officers, and a number of others.
Forced removal from the country
Administrative expulsion from the Russian Federation of stateless persons and foreign citizens is a form of punishment, which is often an additional measure. He is usually preceded by a fine. Such a measure cannot be applied only to military personnel who are foreign nationals.
Expulsion is carried out solely by court order.If, at the same time as an illegal crossing the border, a foreigner commits an offense, then expulsion can be carried out by border guards.
The concepts of “expulsion” and “deportation” should not be confused. The latter term means that a person is forcibly expelled from the country after he has run out of legal grounds for staying on the territory of the Russian Federation.
Prohibition of certain actions
Administrative punishment in the form of disqualification is the deprivation of an individual of certain rights, namely:
- to occupy leadership positions;
- enterprise management;
- to join the Supervisory Board or Board of Directors, and in a number of other cases.
The minimum term for such punishment is 6 months, the maximum is 3 years.
It is very important to clearly separate the concepts of “disqualification” and “deprivation of special right”. The first concept applies only to those persons who have a certain legal status, that is, managing companies, arbitration managers, individual entrepreneurs and a number of other persons. You can only deprive a special right of a person who has the right to drive vehicles and the right to bear hunting weapons. This type of punishment can be assigned only by a judge.
Temporary cessation of activity
What are the administrative penalties? The most commonly used we reviewed. But there is also such a thing as "administrative suspension of activity." Such punishment can be applied to legal entities and individual entrepreneurs. And the reasons for its imposition may be as follows:
- if entrepreneurial activity threatens the health of people;
- if there is a risk of an epidemic;
- there is a likelihood of a man-made disaster or radiation accident;
- if an offense is committed in the field of drug trafficking;
- for activities in the field of attracting foreigners to work;
- for violation of the rules of urban development and so on.
The term of this type of administrative punishment is 90 days.
Enforcement of a court decision
According to the requirements of Article 29.6 of the Code of Administrative Offenses, cases of administrative offenses must be considered by the court within 2 months from the date of execution of the protocol on the violation. Other competent authorities authorized to consider such cases are required to make their decision within 15 days.
The final stage of the proceedings in court is the decision on the administrative punishment of the Administrative Code. After its entry into force, the document is transferred to the authority that is authorized to enforce it. If within 1 year, from the moment the court decision comes into force, the punishment has not been applied, then it is no longer subject to execution. However, this period is interrupted if the offender absconds and resumes at the moment that person is discovered. The court has the right to give a delay for the execution of the sentence, then the statute of limitations begins to flow from the moment the suspension term ends.
Execution of administrative offenses involving the application of administrative punishment shall be terminated if the body that issued the decision issues an amnesty act or the offender dies. Execution of the decision is terminated if the statute of limitations has expired or the judge (another authorized body) has canceled his own decision.