Punishment is usually used for educational impact. Per person or group of people. It helps a person or group of people to realize that a perfect act rereads some kind of social norms. The emphasis in this case is on the following:
- the person does not want to be punished again;
- other people will know what awaits them for non-compliance with any rules.
Administrative penalties are a measure of state influence for the commission of various kinds of administrative offenses. These punishments should not humiliate a person - they should make it clear that the act was wrong. Physical suffering, as well as damage to business reputation is not allowed.
The system of administrative penalties is laid down in legislation. The main source is the Administrative Code of the Russian Federation. Most of the punishments can be assigned only by a judge.
Administrative penalties, the types of which are different, differ from each other both in specificity and in severity. They can be additional or basic.
Administrative punishments:
- disqualification;
- confiscation;
- fine (administrative) ;
- arrest (administrative) ;
- deprivation of special rights;
- warning;
- expulsion from the Russian Federation (for stateless persons and foreigners);
- seizure of the instrument of the offense (paid).
Under the warning refers to the punishment, which is expressed in the official censure of a person. As a rule, a warning is always issued in writing.
Administrative fine may be equal to the minimum wage, the cost of the subject of the offense, the amount of unpaid fees, taxes and so on. Administrative fines are always paid only in cash. The amount should not be less than one tenth of the minimum wage. A maximum of twenty-five wages. Officials as well as firms pay more.
Compensated seizure of the instrument of the offense is compulsory. The full cost is returned to the former owner, but minus the costs associated with the sale of the item. Only a court can order such an exemption. Tools for hunting, fishing or the like are not seized from persons who extract their basic means of subsistence.
Administrative penalties may be associated with the confiscation of the instrument of the offense. Confiscation is also appointed only by the court. She is gratuitous. Often seized from circulation, but still for one reason or another used by persons things.
Administrative penalties related to violation of special rights involve systematic or gross violation of order in certain cases. Only a judge can deny special rights. The minimum term of deprivation is one month, the maximum - two years. Citizens who use it because of disability cannot be deprived of the right to drive a vehicle , but there are exceptions here.
The right to hunt and fish cannot be deprived of those who in this way obtain legal means of subsistence.
Administrative penalties include arrest. It is understood as the maintenance of a person for a certain time in isolation from society. In normal times, it can be set for fifteen days - this is the maximum. A shorter period is possible. In emergency situations, its term is extended to thirty days. Only a judge can appoint him.
This type of punishment is possible only for certain types of such offenses. Administrative arrest of pregnant women, as well as those women who raise young children, is unacceptable. A minor, disabled persons cannot be arrested.