Open AccessAdministrative prevention measures and issues of their administrative procedural application
Author(s) -
Pavel E. Spiridonov
Publication year - 2021
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.82.6.116-124
Subject(s) - appeal , administrative law , enforcement , variety (cybernetics) , public administration , russian federation , administration (probate law) , political science , law enforcement , business , subject (documents) , public relations , law , computer science , artificial intelligence , economic policy , library science
The subject of the study in this paper is administrative prevention measures and their variety, such as preventive measures. The purpose of the study is to analyze the nature of administrative prevention measures and their administrative procedure. The paper concludes that it is premature to talk about the existence of proceedings on the application of administrative prevention (preventive) measures, since the Russian Federation has not fully developed a system of administrative procedural rules governing this type of proceedings from the stage of initiating an administrative case to the stage of appeal. At the same time, taking into account the introduction of a risk- oriented approach in public administration, the need for the formation of this type of administrative proceedings increases. It is also suggested that the peculiarities of the legal regulation of the procedural procedure for the application of administrative prevention measures depend on two important conditions: (1) the effectiveness of the application of the relevant measure by law enforcement officials and their officials; (2) the ability to ensure respect for the rights and freedoms of a person and citizen in the existing procedure of application.