Measures to ensure the production of administrative offenses...

Measures to ensure the production of administrative offenses cases, applied by law enforcement agencies

The use of measures to ensure the production of cases of administrative violations is regulated gl. 27 of the US Code of Administrative Offenses. They are applied with a view to: suppressing the offense; drawing up a protocol on an administrative offense if it can not be compiled at the location of the violation; ensuring timely and proper consideration of the case and execution of the decision adopted in the case.

Under enforcement measures of administrative procedural support , according to AI Kaplunov, it is necessary to understand the methods, methods and actions established by administrative-procedural norms, which consist in the invasion of the sphere of rights and freedoms of a particular person, suspected of committing an offense, in the course of proceedings in the case of this offense and aimed at finding the tools and objects of offenses, identifying the perpetrators, finding, fixing and bringing to the evidence and establishing other conditions for objective, comprehensive and complete examination of the case, in order to implement the rules of substantive law, establishing liability primarily for administrative violations.

In order to implement the jurisdictional powers of the internal affairs bodies (police) to timely handle cases of administrative violations and to bring the perpetrators to legal responsibility, they are entitled to apply the following measures of administrative and procedural coercion.

Delivery

This is the forced forwarding of a physical person and other instruments of committing an administrative offense to the premises of the internal affairs bodies. In this case, the movement of an individual and individual objects is not an end in itself. The procedural meaning of this coercive measure is the drawing up of a protocol on an administrative offense, if it is mandatory.

This measure of administrative coercion is carried out by officials of the internal affairs bodies (police):

- in the detection of administrative violations, the case of which in accordance with Art. 23.3 The Administrative Code of the United States is considered by the internal affairs agencies (police);

- the detection of administrative offenses, in cases of which, in accordance with π. 1 part 2 tbsp. 28.3 of the Administrative Code of the United States, internal affairs agencies (police) have the right to draw up protocols on administrative violations;

- the identification of any administrative offenses in the event that officials who are authorized to draw up protocols on relevant administrative violations apply to them.

The delivery is carried out to the office of the internal affairs body (police) or the premises of the local government of the rural settlement, and in case the delivery is carried out by the servicemen of the internal troops, to the service building of the unit of the military unit or internal control.

The delivery must be carried out as soon as possible, of which a protocol is necessarily drawn up or an appropriate record is made in the protocol on administrative violation or the protocol on administrative detention. A copy of the protocol of delivery is delivered to the delivered person at his request.

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