Deprivation of special law is applied for a term ... Deprivation of special law as a form of punishment: features, terms and article

Deprivation of a special right is an administrative punishment. Imposes him on the offender official. The main objective of such actions is that a citizen is forbidden to engage in activities for a period passed by the court. Their duration is strictly regulated by law, according to which, they can vary from 15 days to 3 years. What types of rights exist and what are the terms of their deprivation, we consider below.

It is also worthwhile to dwell separately on preventive measures for different categories of citizens, because the deprivation of a special right may not apply to all citizens. There are certain categories of people who can escape punishment. This is the main feature of administrative punishment.

What is the essence of deprivation of rights

Article 3.8 of the Code of Administrative Offenses of the Russian Federation "Deprivation of special law" indicates such key points:

1. If a citizen grossly and regularly violates the procedure for using his special rights granted to him by the state, he may be deprived of this opportunity on the basis of the Special Part of the Code of the Russian Federation. An individual is deprived of his right if he evades the fulfillment of all obligations assigned to him. In this case, the collection is carried out through the court.
2. Deprivation of special rights applies for a maximum of three years only.
3. Nobody will be able to deprive a disabled person of driving a transport, especially if a person cannot do without such a means of transportation. But if there was a completely administrative violation, then you still have to answer.
4. A person who is engaged in hunting and for whom this is the only means of subsistence cannot deny special rights, but if offenses have been committed, then the punishment also applies to this person.

There are many different nuances in the legislation that are worth paying attention to. This is the only way to avoid an administrative violation and subsequent punishment.

Main types

The deprivation of the right to special activities applies to:

1. Driving a vehicle.

2. Use of high-frequency devices.

3. The hunt.

What they can deprive of a special right

Such a punishment can be both basic and additional, depending on the severity of the offense. Given the fact that deprivation of rights is a serious punishment, proceedings will be opened on it only subject to administrative law. Every citizen who owns such a right must have a document certifying this. These are: a driver’s license, a tractor driver or a driver of any watercraft (boat, yacht, motor boat), a hunter’s ticket, a gun license, permission to store ammunition and weapons. All documents are listed in the Code of Administrative Offenses, Art. 32.6. part 1.3.31. Deprivation of special law as a form of punishment is applied for the following reasons:

1. Violations of traffic rules on the road, driving while drunk.
2. Violation of the terms of the hunt.
3. Using unregistered high-frequency devices.
4. Improper use of household machines.
5. Violations of the rules in the management of a swimming vessel.

The police department, the bailiffs, and the supervisory authorities can deprive them of their intended use of special opportunities.

Who deprives a special right

Previously, various oversight bodies had this opportunity:

1. Representatives of the interior who can drive vehicles.
2. Gostekhnadzor representatives can control agricultural machinery.
3. Inspection bodies of the Russian Federation.
4. Supervisors monitor the use of weapons.
5. Representatives of the communications authorities control devices that send radio frequency waves.

Now the deprivation of a special right is only in the competence of the judges conducting the case of the offense.

How is deprivation made?

It should be noted that the deprivation of special rights is not a very long process, everything happens quite quickly. If a person finds himself in a situation where an administrative violation is brought against him, then the relevant authorities must clearly explain all the rights and obligations of the citizen, as well as draw up a protocol on the spot. This document is required to carefully study and sign the person to whom the violation is presented. He may refuse to sign the contract if he finds discrepancies and errors in it. In this case, the representative of the authorities that drew up the protocol will necessarily record the refusal of the accused person. Deprivation of a special right granted by the state occurs immediately after the sentencing in a district court.

It is advisable that the accused person attend the meeting when the sentence on the term of deprivation is pronounced.

Is it possible to defend your rights

If the case has been referred to the judiciary, then the accused should come to the hearing, as this can play a role in mitigating the sentence. If a citizen did not appear in court, then consideration of the issue can occur without him. As practice shows, such cases are extremely rare. They take place if the accused cannot come to the hearing for health reasons. A court decision in the absence of the offender is also issued if the accused citizen does not want to attend the meeting. In the course of the trial, the protocol that was drawn up in the presence of the accused must be announced, and additional statements by witnesses or other important facts regarding the case under consideration can be provided.

The accused must be given the floor. If there is a lawyer, then he can call witnesses who were present during the commission of the offense. In some cases, the case is referred to a collegial body. Then another protocol is drawn up. At the end of the process, a sentence is necessarily imposed. It indicates the exact period of deprivation of special rights. It may not be less than one month or more than three years.

What does the court decision look like?

This is the most important document on the basis of which administrative punishment takes effect. The court can make decisions only on the basis of the Code of Administrative Offenses, in accordance with the relevant article. In order for the punishment to be truly fair, the following points are taken into account in court:

1. The identity of the person being blamed.
2. How the misconduct was committed.
3. What is the position of the guilty person (state of health, family, children, whether he has incentives or penalties at work, whether he was previously held liable for similar or other offenses).
4. All circumstances that may act as mitigations or as aggravating moments.

Having carefully studied all the facts, the court can decide that the misconduct was not very serious, and the accused can be dropped from the perpetrator, satisfied with an oral warning. Deprivation of a special right may be applied for a period of up to one month if the court decides that the offense was not significant.

After the verdict

It is important to remember that the term of deprivation of a special right is set by a court decision. Its calculation begins with the issuance of the decree. As soon as the court pronounces the verdict, the culprit hands over all his documents, necessary certificates, permits. He cannot keep them at home until the sentence expires. There are times when a citizen refuses to provide all the necessary documents. In this case, the term of punishment is interrupted, but not removed. It is in the interests of the culprit to give all the documents, since, for example, if the deprivation of a special right is applied for a period of 1 month to 2 years, but documents are not provided for a year, the period will be extended to three years. During the punishment period, the citizen will not be able to carry out activities for which he was punished.

If a citizen endured the punishment impeccably, and then returned again for the documents, then a special right is returned to him, but certain documents may cause certain difficulties, for example, a hunting ticket will need to be obtained again. If the offender continues to carry out activities, regardless of the fact that there is a decision on the deprivation of special rights, additional sanctions are applied to him. This can be a fine or detention.

The nuances of punishment

Deprivation of a special right is applied for a term specified by the court, but this is far from all the features of this administrative penalty. If, after the sentencing, the rights were seized from the citizen, and at the end of the sentence he came for them, then they will be given back to him under certain conditions. So, a citizen must again pass exams according to the rules of the road. If the offender does not come for his documents, they are sent to the archive, where they are stored for three years, and then disposed of.

There are people who believe that the laws of the Russian Federation are too demanding, but if we consider this issue objectively, we can confidently say that such tough measures cannot be dispensed with. Deprivation of a special right is applied for the period that is necessary for the violator in order to acknowledge errors and reconsider their behavior. Most often, under this administrative violation, drunk drivers fall intoxicated, risking not only their lives, but also pose a threat to the lives of others.

The use of such punishment can change the situation on the roads, reduce the harm from poaching, and discipline citizens when handling weapons.