Measures of administrative restraint applied by law enforcement bodies
According to the prevailing opinion in the legal literature, measures of administrative restraint should be understood legal means and means of mental or physical impact provided for by administrative law that are used to stop objectively unlawful criminal or administratively punishable acts on the spot and in the time of their commission, by direct intervention in the actions (activities) of the offender.
The measures of administrative restraint used by the employees of the internal affairs bodies (police) are characterized by the fact that their implementation is caused by a real unlawful situation and is only meaningful if the violation of the law and order or the conditions of public safety has not been terminated.
The main purpose of applying this type of administrative and legal coercive measures is to stop and eliminate the unlawful situation. The measures of administrative restraint applied by the bodies of internal affairs (police) are independent rather than auxiliary coercive measures, as a result of their implementation, normal legal relations and relations are restored, direct objectives of law enforcement are achieved. Through a psychological or physical impact, the offender is deprived of the actual possibility of continuing unlawful actions.
The contents of the Federal Law "On Police" allows to consider the measures of administrative restraint applied within the general authority of police officers (Chapter 3) and administrative restraints applied on the basis of special powers (Chapter 4).
The measures of administrative restraint used by within the general authority of police officers are:
• requirement of citizens and officials to stop illegal actions, as well as actions that interfere with the legitimate activities of state and municipal bodies;
• making, in accordance with the federal law, executives and officials of organizations of compulsory submissions on eliminating the causes and conditions conducive to the implementation of threats to the security of citizens and public safety;
• Delivery to the office of the territorial body or police unit, to another office of citizens:
- in order to resolve the issue of their detention, identification of the person, if there are reasons to believe that they are wanted.
Being in public places in a state of alcoholic, narcotic or other toxic intoxication and having lost the ability to independently move or orient themselves in the environment;
- minors who committed offenses or antisocial actions, as well as neglected and homeless people in need of social rehabilitation;
• Temporary restriction or prohibition of traffic on railway crossings that do not meet the rules for keeping them in a safe road condition;
• Restriction or prohibition of carrying out on the roads repair and construction and other works carried out in violation of the requirements of regulatory legal acts in the field of road safety;
• prohibition of the use of motor vehicles and trailers, tractors and other self-propelled vehicles in the presence of technical malfunctions that pose a threat to road safety, vehicles whose owners have not fulfilled the statutory duty of liability insurance, as well as vehicles not past state technical inspection;
• Suspension or cancellation of a license to engage in private detective and security activities
• cancellation of issued permits for storage or storage and carrying of civil and service weapons, transportation, importation into the United States and export from the United States of specified weapons and cartridges to it;
• cancellation of the permit to store and transport explosive materials of industrial application by road.
The measures of administrative restraint, applied on the basis of special powers, are:
• entry (penetration) into residential and other premises, land plots and territories;
• cordon (blocking) areas of terrain, dwellings, buildings and other objects.
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