Modern society does not stand still in its development. People are constantly improving. This leads to the fact that illegal acts also evolved. Today, violations of the law are increasingly occurring within administrative jurisdictions. A similar indicator proves the enlightenment of citizens and their respect for the law, because crimes, socially dangerous acts, have become much less. Nevertheless, administrative offenses are a rather serious type of offenses in general, which should be combated with accessible legal methods. The main body that carries out the fight against them is the Ministry of Internal Affairs of the Russian Federation.
This body acts on the basis of existing legislation and uses certain methods in its work, for example, administrative termination. The administrative arrest, which will be discussed later in the article, refers to this type of method, and also has its own characteristics and scope.
General concept of administrative arrest
There is a contradiction between the opinions of theoretical scientists. Some believe that administrative arrest is a type of administrative method of ending an offense, while others see it as a type of punishment for an administrative offense. One way or another, it implies a legal regime in which the violator undergoes some restrictions. 
With a detailed analysis of the legislation, it can be concluded that administrative arrest is a form of punishment for committed administrative offenses in which the person who committed them is isolated from society for a certain period of time. The concept is deciphered in detail in the Code of Administrative Offenses of the Russian Federation. It should be noted that this type of punishment is the most severe, and therefore applies only in the case of the most serious misconduct.
Legal regulation
This type of punishment for administrative offenses implies serious regulation by the legislator. There are a number of administrative legal acts of different legal force, which detail the essence, procedure for execution and terms of administrative arrest. Among them it is worth highlighting:
- Administrative Code of the Russian Federation (Code of Administrative Offenses of the Russian Federation).
- Decisions of the Plenum of the Supreme Court regarding certain issues of administrative offenses and penalties.
- Regulations on the procedure for serving administrative arrest.
- Regulation on the conditions of detention of persons during administrative arrest.
- The internal rules of the receivers for persons who have committed administrative offenses.
All submitted acts are issued by various executive and judicial authorities of the Russian Federation.
General conditions for the possibility of administrative arrest
It should be noted that administrative arrest is possible only on the basis of a court order. This type of punishment is assigned for the most serious offenses prescribed in the Code of Administrative Offenses of the Russian Federation. These include petty hooliganism, violation of public order, disobedience to the lawful requirements of a police officer, security agencies, etc.
Administrative arrest is imposed if other types of punishments, for example, fines, are not sufficient. The punishment in the form of administrative arrest may be the main one in the sanctions of some articles of the Code of Administrative Offenses of the Russian Federation.The subject of this punishment can be any person who meets the general requirements. In other words, it should be the subject of administrative responsibility (age - 18 years and older).
Subjects not subject to administrative arrest
According to part 2 of article 3.9 of the Code of Administrative Offenses of the Russian Federation, there are a number of special entities to which this type of punishment does not apply, for example:
- women who are mothers of children under fourteen;
- pregnant women;
- under the age of eighteen;
- invalids of the first and second groups;
- military personnel, as well as employees of the internal affairs bodies
There are cases when the courts refused to appoint an administrative arrest as a certain type of punishment. At the same time, various circumstances were considered that made it possible to exclude a similar form of administrative responsibility, for example, the upbringing by a single father of several young children. Thus, the court on the basis of a subjective understanding of the case may refuse to appoint an administrative arrest in the presence of certain circumstances.
Term of Administrative Arrest
It should be remembered that administrative arrest violates the basic constitutional right of a citizen - freedom and inviolability. Therefore, the period of administrative arrest should be strictly regulated. The periods for which this restriction may be established are indicated in the Code of Administrative Offenses.
According to the general rule, they can be awarded 15 days of administrative arrest. However, there are exceptional rules that allow you to establish an arrest for a longer period. If the subject violates the rules of the state of emergency, the legal regime of the counter-terrorist operation, then an administrative arrest may be imposed for a period of not more than thirty days. The question of this is decided solely in court. In no other way can an administrative arrest be established in respect of the subject who committed the offense.
The difference between administrative detention and arrest
Many citizens completely do not understand the essence of administrative detention and administrative arrest. These are completely different concepts with different legal consequences. Administrative detention is a method of ending an offense. Detention is also a measure of securing proceedings in administrative cases. Very often, administrative detention precedes administrative arrest. His term shall be included in the period of arrest and calculated from the moment a person is taken to the premises of a law enforcement agency.
Arrest Procedure
If a person commits an offense for which an administrative arrest is provided, then such administrative cases are considered on the day the protocol is drawn up. During the consideration of a case entailing administrative arrest, the subject against whom it is being conducted is required to be present. Moreover, the protocol of law enforcement bodies on perfect administrative misconduct submitted to the judge for consideration. Administrative cases of arrest are considered at the place of residence of the person in respect of whom they want to apply such a punishment. If the person has been previously detained, then the case must be considered no later than 48 hours from the moment of detention. At the end of the consideration of the case, the judge may order an administrative arrest, release from any punishment, or establish a different type of punishment, if such is present in the sanction of this article on an administrative offense.
Complaints of unlawful administrative arrest
The person to whom such punishment has been assigned has the right to file a complaint if he considers it illegal. She is sent to the judge who issued the decision.He, in turn, independently sends a complaint to a higher court. It is considered within a day after filing. The decision regarding the complaint is forwarded to the official who executes the administrative arrest.
Execution of administrative arrest
After the court ruling internal affairs bodies arrest a person. If until that moment he was detained, then after the decision on administrative arrest the legal characteristics of the subject change. The serving of an administrative arrest takes place in special reception centers of the internal affairs bodies. The activities of these institutions are regulated by legislative acts. Upon arrival, the applicant is examined and provided with medical care, if necessary. Arrested persons are photographed without fail and fingerprints are taken from them. 
During administrative arrest, persons who undergo this type of punishment are fed according to the norms established by law. Discrimination of such persons as well as oppression of their rights and freedoms is not allowed. They are contained in conditions that are governed by special instructions, for example, the internal rules of the receivers for arrestees.
Rights of Arrestees
Even if an administrative arrest is imposed, this fact does not mean that the arrested person has no rights. On the contrary, the persons to whom this punishment is applied have a number of rights, namely:
- to receive material and household support, food, medical assistance (if necessary);
- if there is a threat to their lives from third parties, contact any official with a request to transfer to another receiver;
- use the phone for up to three minutes a day;
- receive an eight-hour sleep;
- use your own clothes;
- receive all the necessary attributes for normal leisure (newspapers, magazines, board games, etc.);
- to conduct religious ceremonies;
- receive food, clothing, shoes in accordance with the norms established by law;
- enjoy the right to a daily walk, the duration of which is at least one hour per day.
A fairly wide number of rights is due to the nature of the offense. Arrestees receive punishment for an administrative violation, which inherently does not carry such a danger as criminal offenses.
Conclusion
In conclusion, the importance of such punishment as administrative arrest should be noted. He is appointed solely for committing administrative offenses. A large number of rights of the arrested persons, as well as rather small terms for which this punishment is established, are possible due to its differentiation from the punishments provided for the commission of crimes.
