PROBLEMS OF RESTRICTING CONSTITUTIONAL RIGHTS OF INDIVIDUALS WHEN APPLYING MEASURES OF ADMINISTRATIVE AND PROCEDURAL ENFORCEMENT
Rubrics: PUBLIC LEGAL (STATE LEGAL) SCIENCES
Authors:
1.
Moskovskiy universitet MVD Rossii imeni V.Ya. Kikotya
Type:
Article
Pages:
from 42
to 44
Status:
Subject area:
VAK Russia 5.1.2
UDC 34
UDC 34
Language:
Russian
Keywords:
administrative procedural coercion, measures to ensure proceedings on administrative offenses, restriction of rights, Constitution of the Russian Federation, proportionality, judicial control, administrative detention, personal search, seizure
Abstract:
The article examines the problem of restrictions on constitutional human rights and freedoms when applying administrative and procedural coercion measures in the context of an administrative process. The basis of scientific work is the doctrinal provisions of the Russian science of administrative law, as well as legal positions The Constitutional Court of the Russian Federation and the European Court of Human Rights. Administrative procedural coercion is considered as a special set of interim measures that are not identical to administrative responsibility and are intended to achieve procedural goals in proceedings on administrative offenses. Special attention is paid to the functional nature of such measures, their security nature, their evidentiary and executive focus, which allows us to reveal their instrumental nature by contrasting them with sanction mechanisms. The article analyzes the constitutional limits of the state's permissible interference in the sphere of individual rights when using delivery, administrative detention, personal search, seizure of items and documents, examination, as well as the placement of foreign individuals subject to administrative expulsion in special institutions. The article argues that the key criteria for the permissibility of restrictions are legality in its substantive sense, legal certainty, necessity and proportionality, as well as the presence of effective procedural guarantees and judicial control. Based on an analysis of judicial practice, it has been shown that the partial uncertainty of the legal regulation of administrative and procedural coercive measures, including issues related to the calculation of time limits and the scope of intervention, can transform procedural measures into sanctions that already have the nature of liability for an offense and are expressed in actual deprivation of freedom or excessive restriction of rights.
The article examines the problem of restrictions on constitutional human rights and freedoms when applying administrative and procedural coercion measures in the context of an administrative process. The basis of scientific work is the doctrinal provisions of the Russian science of administrative law, as well as legal positions The Constitutional Court of the Russian Federation and the European Court of Human Rights. Administrative procedural coercion is considered as a special set of interim measures that are not identical to administrative responsibility and are intended to achieve procedural goals in proceedings on administrative offenses. Special attention is paid to the functional nature of such measures, their security nature, their evidentiary and executive focus, which allows us to reveal their instrumental nature by contrasting them with sanction mechanisms. The article analyzes the constitutional limits of the state's permissible interference in the sphere of individual rights when using delivery, administrative detention, personal search, seizure of items and documents, examination, as well as the placement of foreign individuals subject to administrative expulsion in special institutions. The article argues that the key criteria for the permissibility of restrictions are legality in its substantive sense, legal certainty, necessity and proportionality, as well as the presence of effective procedural guarantees and judicial control. Based on an analysis of judicial practice, it has been shown that the partial uncertainty of the legal regulation of administrative and procedural coercive measures, including issues related to the calculation of time limits and the scope of intervention, can transform procedural measures into sanctions that already have the nature of liability for an offense and are expressed in actual deprivation of freedom or excessive restriction of rights.
Keywords:
administrative procedural coercion, measures to ensure proceedings on administrative offenses, restriction of rights, Constitution of the Russian Federation, proportionality, judicial control, administrative detention, personal search, seizure
administrative procedural coercion, measures to ensure proceedings on administrative offenses, restriction of rights, Constitution of the Russian Federation, proportionality, judicial control, administrative detention, personal search, seizure
