Author

KORKIN A.V.

Title of article

PROCEDURALITY AS A CHARACTERISTIC OF MEASURES FOR ENSURING THE PROCEEDINGS IN CASES CONCERNING ADMINISTRATIVE OFFENCES

Section

Section 3. Administrative delictology

Issue, year

4 (42) 2017

Abstract

The author of the article outlines the five criteria (characteristics) of the procedurality of the measures of administrative coercion on the example of the measures for ensuring the proceedings in cases concerning administrative offences: the existence of the document that
formalizes the application of the measure, the requirements for the content and form of which are defined normatively; official and territorial jurisdiction for the application of procedural measures
of administrative coercion; the sequence of actions, the execution of which forms the compulsory procedures (elements) that constitute the proceedings in cases concerning the application of the
procedural measure of administrative coercion; the fixed terms for the application of procedural measures of administrative coercion; the fact that the participants have specific rights and obligations
determined by the content of the applied measure, which are special in relation to the general rights and obligations arising in connection with the restriction of the citizens’ rights by the police. The definitions of the concepts “proceedings in cases concerning the administrative offences committed by law enforcement officers (police)” and “measures for ensuring the proceedings in cases concerning administrative offences” are proposed.

Keywords

procedural measures of administrative coercion; police; proceedings in cases concerning administrative offences; administrative offence.