Administrative penalties

Punishment, as a rule, is used for educational influence. Per person or group of people. It helps a person or a group of people realize that a perfect act will be contrary to some social norms. The emphasis in this case is also on the following:

- the person does not want to be punished again;

- other people will know what awaits them for not following any rules.

Administrative penalties are a measure of state influence for committing various kinds of administrative offenses. These punishments should not humiliate a person - they must let him know that the perfect act was wrong. Physical suffering, as well as damage to business reputation is not allowed.

The system of administrative punishments is set out in legislation. The main source is the Administrative Code of the Russian Federation. The most part of punishments can be appointed only by the judge.

Administrative punishment, the types of which are different, differ from each other both in specificity and in severity. They can be additional or basic.

Administrative penalties:

- Disqualification;

- confiscation;

- fine (administrative) ;

- Arrest (administrative) ;

- deprivation of special rights;

- a warning;

- expulsion outside the Russian Federation (for stateless persons and foreigners);

- withdrawal of the instrument of the offense (compensated).

A warning is understood as punishment, which is expressed in the official censure of a person. As a rule, a warning is always made in writing.

The administrative penalty may equal the minimum wage, the cost of the offense, the amount of unpaid fees, taxes, and so on. Administrative fines are always paid only in cash. The size should not be less than one tenth of the minimum wage. Maximum - twenty-five times the amount of labor. Officials, as well as firms pay more.

The forfeitable withdrawal of the instrument of the offense is compulsory. The former owner is returned all the real value, but with the deduction of expenses that are related to the implementation of the item. Only such a court can appoint such an exception. Guns of hunting, fishing or the like are not withdrawn from persons who procure by means of their basic means of subsistence.

Administrative punishment can be associated with the confiscation of the instrument of the offense. Confiscation is also imposed only by the court. It is free of charge. Often seized from circulation, but still for one reason or another things used by persons are confiscated.

Administrative penalties related to the violation of special rights are associated with a systematic or gross violation of order in certain cases. Only a judge can deprive special rights. The minimum period of deprivation is one month, the maximum period is two years. The rights to drive a vehicle can not be denied to citizens who use it because of disability, but there are exceptions.

The right to hunt and fish can not be deprived of the one who in this way extracts legal means of subsistence.

Administrative punishment includes arrest. It is understood as the content of a person for a certain time in isolation from society. In normal time, it can be set for fifteen days - this is the maximum. A shorter period is possible. In emergency situations, his term is increased to thirty days. Only a judge can appoint him.

This type of punishment is possible only for certain types of such offenses. The administrative arrest of pregnant women, as well as those women who raise young children, is unacceptable. Can not be arrested minor, disabled.