Administrative arrest is a penalty that applies for certain administrative offenses. It is considered the most stringent among all types of penalties for these acts. Administrative arrest is the deprivation of liberty for a specific period. The duration of this period is indicated in the relevant resolution in the case of the offense.
This measure of punishment applies to entities entering into certain types of administrative legal relations, committing misconduct, which are close to crimes defined by criminal law as not representing significant public danger. Such violations include, in particular, possession or purchase of narcotic drugs (small amounts), alcohol in a public place, hooliganism, the appearance of a person in a public place while intoxicated, which contradicts moral standards, and other acts committed by a person twice during years subjected to foreclosure for drunk or drinking alcohol in public places.
Administrative arrest is imposed in case of malicious disobedience to legal requirements or orders of a police officer.
This punishment is imposed in cases of disrespect for the court, disobedience to the lawful order or order of an ATS officer, military serviceman or other authorized person who is in the exercise of his duties on the border territory.
It should be noted that administrative arrest is applied in accordance with the decision of the judge. This decision is final and is not subject to appeal in the manner of the proceedings. After the announcement, the punishment is immediately carried out, regardless of the category of the violation found.
Administrative arrest provides for physical work without pay (cleaning streets, public places, courtyards, etc.). In this regard, the punishment cannot be applied to minors, pregnant women, women with young children (up to twelve years old), and invalids of the first and second groups.
After a court order is issued, the police officer delivers the person to whom the sentence was imposed to the police department. In a special detention center or in a temporary detention center, the offender is held in custody for a period determined by a court order. Moreover, the conditions of the special regime provide for the application of measures of labor and educational impact.
The regime in which the violator is held provides isolation and prevents the commission of new illegal acts and escapes. In special conditions of detention, special means of education and correction are used. These, in particular, include labor use.
The time of administrative detention is included in the period of arrest.
After release, a person is issued a certificate of the period of imprisonment, the nature of the violation, which was followed by punishment.
The imposition of administrative arrest does not entail a criminal record, is not a reason for dismissal from work, and also does not interrupt seniority. Moreover, for the period of stay in custody, wages at the place of permanent work are not paid.
Administrative arrest may also be imposed on the property of a person who is in arrears in paying taxes or other obligatory payments to various budgets. In this case, the basis for the application of punishment may be a decision issued by the federal tax police. The imposition of administrative arrest is carried out in the expectation of the subsequent sale of property in an appropriate manner. Thus, it is supposed to ensure the timely receipt of the necessary amounts of hidden fees, taxes and other mandatory payments.