System and types of administrative penalties

Administrative punishment can be attributed to one of the ways to stop crimes. This is a measure of responsibility for minor offenses. The main types administrative penalties used to prevent new crimes and to educate the individual. Expressing mainly in material impact, such a measure combines a moral influence on a person, as well as a temporary restriction of his rights.

Types of administrative penalties are appointed by special governing bodies and officials, a list of which is contained in the Code of the Russian Federation. These include local governments and the executive branch. Administrative liability is adjusted by legal principles, with a legalized list of offenses and penalties. The main regulatory document is the Code of the Russian Federation.

Administrative responsibility. Types of administrative penalties

All measures of this kind form a system that has a commonality of nature, goals of application, grounds and the possibility of their interchangeability. So, what types of penalties exist:

1. Written warning.
2. a fine.
3. Confiscation of the subject.
4. Deprivation of rights.
5. Seizure of the instrument of offense.
6. The arrest is administrative.
7. Correctional work.
8. Expulsion from Russia (in the case of offenses committed by foreign citizens).
9. Disqualification.
10. Suspension of entrepreneurial activity.

The concept and types of administrative penalties may also have an individual character. For example, revocation of a license, certificate confirming the qualification of the violator. Measures taken are divided into groups. So, confiscation of property refers to the types of administrative penalties of the main and additional types, when arrest, deprivation of rights - only to the main.

Judges have the right to impose the following penalties: seizure and confiscation of the instruments of crime, withdrawal of special rights, deportation outside the country, arrest, disqualification. The Administrative Code of the Russian Federation allows only a warning and a fine to be applied.

A warning

Types of administrative penalties, expressing to this extent, represent one of the easy forms of punitive actions. The warning is issued in writing, since the oral form is not a punishment, but is considered only a measure of moral influence. A written decision on the violation is served on the offender or sent to his legal representative. Such a measure has certain legal consequences provided for by the Law of the Russian Federation. During the year, a written warning bears force as an administrative violation that has an effect on subsequent penalties in case of repeated unlawful action.

Fine

This type is a collection of money, which is prescribed by law. Due to its operational use, this measure belongs to the group of popular types of administrative penalties. Penalties have moving sizes and assignment methods. Previously, they were determined by the Law of the Russian Federation by indicating the minimum and maximum amount of material punishment. Also, the boundaries of the fine differ relative to ordinary citizens and officials.

Since 1992, the procedure for recalculation of punishment was determined on the basis of which fines were recalculated, having an amount not exceeding the limit established by law - 3 thousand rubles.Thus, if the upper amount does not exceed 10 rubles, then it is considered equal to one tenth of the minimum wage per month, which was established before the crime was committed. In cases where the amount does not exceed 3 thousand rubles, the fine shall be considered equal to ten minimum salaries. It is taken into account that the border of material punishment cannot be lower than four minimum wages and more than ten times the value of stolen or damaged property. The collection of administrative fines is carried out by the courts, the Federal Tax Service of Russia, and the bodies of the Ministry of Internal Affairs.

Withdrawal. Confiscation

This type of penalties is expressed in the forced confiscation of an object that participated in the offense. Withdrawal of the object is carried out by returning the amount received to the owner minus the costs of the operation of its delivery. This type of punishment does not apply to weapons and ammunition belonging to individuals for whom hunting is the main business, if at the expense of it the individual lives. The law of the Russian Federation provides for the following categories of use of pecuniary exemption:

• In the form of a primary penalty, alternative to other types that are provided for this crime.
• In the form of additional punishment, including other types of administrative penalties, - a fine.

Confiscation is expressed in the compulsory and gratuitous seizure of an item in the possession of the state. The object was supposed to be in the private property of the offender. The exception applies to the confiscation of items for violation of customs transportation. In this case, it does not matter who owns the property. There are a number of limitations to this measure of punishment. So, the Law of the Russian Federation provided for a list of items that cannot be confiscated. Also, firearms and ammunition are not seized from persons for whom hunting is a means of subsistence.

An administrative fine must be paid no later than thirty days after the entry into force of the decision on it. If the violator does not pay on time, then a copy of the decision is sent to the place of work or study, where the required amount is held. There is an option when the offender does not work anywhere and has no income, then the verdict is sent to the bailiffs who remove the necessary amount from the property of the individual. In the case where the offender is a minor, a fine shall be exacted from his parents or from his guardians.

Deprivation of rights

The concept and types of administrative penalties include the withdrawal of rights. For example, deprivation of the right to drive a car or to engage in hunting. The term for withdrawing a license may not be less than 30 days. Deprivation of a driver’s license for a special means of transportation for people with disabilities is impossible, except for drunk driving or refusal to stop a car by the police. Hunting rights are also not subject to withdrawal in cases when this fishing is the main source of livelihood for an individual.

Deprivation of a driver's license is assigned in the following cases:

1. Driving while intoxicated.
2. Speeding more than 60 kilometers per hour.
3. Failure to comply with safety regulations and the rules for the transport of dangerous goods.
4. Vehicle exit to the oncoming lane.
5. Stopping, parking at a railway crossing, as well as crossing tracks not according to the rules.
6. Refusal to undergo a medical examination and others.

Often deprivation of rights is prescribed instead of an administrative fine or arrest.

Correctional work

This type of collection is applied for a period of up to 2 months with serving at the place of permanent work of the individual who committed the crime. Correctional work - types of administrative penalties that bring material benefits to the state treasury. In this case, up to 20 percent of the offender’s earnings is withheld. The term of work must be at least 15 days.This type of punishment does not apply to persons who are unemployed.

Administrative arrest

The punishment is established in exceptional cases for up to 30 days. In situations where the offender was detained prior to arrest, the period of detention is included in the administrative arrest. This penalty is not applicable to mothers who have children under the age of 12 years, pregnant women, persons with disabilities of the first and second groups and to minors. Punishment is used for repeated offenses, petty hooliganism, as well as intentional disobedience to the Law. Administrative arrest is imposed for violation of the organization and conduct of public events. Offenders are held in special police stations. They are subject to the rules of the established regime in such institutions.

Expulsion from the State

The application of this penalty is regulated by special legal acts. The system and types of administrative penalties in the form of deportation apply only to foreigners or individuals who do not have citizenship. Expulsion is provided only in the following cases:

1. Violation of the state border.
2. Violation of the regime of stay in Russia.
3. Violation of the rules for attracting and using foreign power.
4. Violation of immigration rules.

The content of this punitive measure is to control the movement of the individual. If the offender does not have funds to move to his country, then expulsion is carried out at the expense of the federal budget.

Disqualification and suspension

The first type of punishment is expressed in depriving an individual of the right to occupy a managerial position, enter the board of directors, and engage in entrepreneurial activity in managing a legal entity. Disqualification is established for a period from six months to three years only by a judge. It applies to individuals who are members of the board of directors or carry out organizational and administrative or administrative functions. Disqualification is also used as a punishment for arbitration managers and individual entrepreneurs. This measure is applied in the following situations:

• violation of labor standards and its protection by an individual who has already been punished for a similar offense;
• intentional or fictitious bankruptcy, as well as unlawful actions in this situation;
• illegal management of a legal entity;
• conclusion of transactions beyond the scope of authority;
• provision of documents with false information.

The suspension of activity is appointed in cases of an epidemic, a threat to the health or life of people, a radiation accident, an offense in the field of illicit drugs, money laundering, and terrorist financing. This penalty is appointed by the judge and is set for a period not exceeding 90 days. If the circumstances due to which the penalty was imposed are eliminated, the judge has the right to prematurely terminate the execution administrative suspension of activities.

Types of administrative penalties in the CIS countries

The legislation of Ukraine and the Republic of Belarus in the field of administrative penalties are similar. Penalties are divided into basic and additional. According to the Code of the Republic of Belarus, the first category includes correctional labor, a warning, a fine, and arrest. Additional types of administrative penalties in the Republic of Belarus include confiscation, return of the value of the object of the offense. The most severe administrative punishment in Belarus is administrative arrest. The total term of this type of collection is 15 days. Persons who have dependent minor children, persons with disabilities and senior citizens over 80 are not subject to arrest.

Types of administrative penalties in the Republic of Belarus include correctional labor.This measure is established for a period of not more than two months and applies to persons who have been exempted from criminal liability for crimes that do not pose a great danger to society. In this case, the offender had to make amends, for example, to compensate for the damage. Types of administrative penalties in Ukraine also include correctional labor for up to two months. But in the country there are still public ones who are appointed for no more than sixty hours. This type of work is not assigned to pregnant women, people with disabilities, men and women of retirement age. Correctional labor, as in Russia, is served at the place of work, and according to the results, 20 percent is retained in favor of the state.

The types of administrative penalties of the Republic of Kazakhstan are similar to the Russian ones. One of the most common punitive measures is a fine, which is expressed in the calculation of interest on the amount of an unfulfilled tax obligation, environmental damage, unpaid deductions, a transaction performed in violation of financial law, and others. The size of this punishment may not be less than one fifth of the monthly calculated indicator. If the offender is a legal entity, then the levy should be equal to or greater than five hundred monthly calculation indices. The collection of administrative fines is carried out in court and is transferred to the treasury of the Republic.

In Kazakhstan, they can be deprived of a driver’s license for a period of 6 months to 10 years. In Ukraine, this punishment is applied for a period of up to three years, in cases when the rules for using a car are systematically violated, the term may also be extended to ten years. Special rights in the Republic of Kazakhstan can be lost for no less than a month, but no more than two years. The question of the justice of such a measure of punishment is dealt with by the court. But if the violation occurred in the financial sector, then the National Bank of the Republic of Kazakhstan has the right to deprive the license to carry out activities. In exceptional cases, an administrative arrest of up to 45 days is prescribed in this region. But this measure cannot be applied to women with minor children expecting a child, people with disabilities of the first and second groups, and also to pensioners. As for the deportation of foreign nationals, this penalty is applied only by a judge. The following measures of influence are applied to offenders in the Republic of Kazakhstan:

1. Testing the knowledge of traffic rules.
2. Forced treatment or physical examination.
3. Formation of special requirements for the behavior of an individual who has violated the order.

As can be seen from the data, types of administrative penalties in the Russian Federation are similar to penalties in these areas, which greatly simplifies life in the event of a move.

In the listed countries and republics, when imposing punishment, both the nature of the violation and the identity of the perpetrator, his financial situation are considered. The verdict takes into account circumstances that mitigate or aggravate administrative responsibility. So, situations that are designed to facilitate the punishment are:

1. Voluntary recognition.
2. Repentance.
3. violator of the harmful consequences of their actions.
4. The state of affect or a combination of difficult personal circumstances.
5. The offender is a pregnant woman or mother with a young child.
6. Minority.

The listed circumstances apply only to individuals. In cases with legal entities, facilitation of punishment may be affected by voluntary recognition, harm prevention, and compensation for damage on a voluntary basis. Aggravating circumstances will be considered:

• repeated offenses;
• the resumption of illegal actions, despite the demands of officials;
• involving minors;
• participation in illegal actions of groups;
• Drunk.

According to the Code of our country, administrative responsibility does not apply to persons who during the crime were in a state of insanity due to mental illness or dementia. If the offender acted in a state of emergency, in the event of an immediate threat to life, then this punishment is also unacceptable.

The sentencing decision may be appealed. In this case, the judge or official shall suspend the execution of the verdict until the appeal is examined. It happens that the appeal is fair and another penalty may be imposed, more facilitated, or the execution of the sentence is completely terminated.