In administrative law, the concept of "administrative restoration measures" is used. There is no clear definition of it in the legislation. Next, we will try to figure out what are the administrative and restoration measures. Examples of some of them will also be described in the article.
General information
Administrative and legal recovery measures are used to compensate for harm caused by an unlawful act. They are aimed at restoring the state of things that existed before the violation.
The size and nature of the damage caused determines the type and size of the enforcement measures applied. Administrative recovery provisions that existed before the violation, is carried out in the manner prescribed by law, and assigned to the competent authorities.
Varieties
Administrative and restoration measures include :
- Cash collection.
- Demolition of unauthorized buildings.
- Eviction.
- Seizure of property.
The monetary penalties include compensation for damage caused, fines, compensation for arrears.
Demolition of facilities
This type of administrative and restoration measures is applied to persons who have violated housing and urban planning standards.
The legislation establishes the procedure for the construction of structures. In case of violation of the prescribed requirements, the administration of the municipality sends the subject a request for the demolition of the illegal building. If the perpetrator evades execution of the instructions, demolition is carried out by the municipal authorities at the expense of the offender.
Seizure of property
This administrative and restoration measure is applied in case of obtaining values illegally. Seizures derived as a result of a violation of financial discipline are also subject to seizure. Funds are allocated to the budget at the appropriate level.
This administrative and restoration measure is applied on the basis of a decision of state bodies authorized to exercise control over the economic activities of enterprises. Such structures include bodies of standardization, pricing supervision, etc.
Indemnification
This administrative and restoration measure is enshrined in the Code of Administrative Offenses. The amount of damage is established by a specially formed body. If the harm arose as a result of the unlawful actions of the minor, the CPA shall participate in its assessment.
The Commission on Juvenile Affairs may assign the obligation to compensate the damage to the legal representatives of the offender (parents, adoptive parents, etc.).
Financial sanctions
They occupy a special place among all types of measures of administrative coercion . The financial sanctions include the recovery of arrears and interest.
Arrears are called tax debt. It is formed in case of non-payment of mandatory payments to the budget and extra-budgetary funds in a timely manner.
The Supervisory Authority (IFTS), within 24 hours from the date of receipt of the order to recover funds with a note of the banking organization on its full / partial non-fulfillment, sends the debtor the requirement to pay the arrears. The notice also contains a warning about the possibility of imposing a penalty on property in case of evading obligations. Five days are allotted for debt repayment.
After the specified period has elapsed in the event of a person's failure to comply with the requirements, the Federal Tax Service is entitled to foreclose his property. Cash held at the cash desk of the enterprise and other amounts reflected in accounting, regardless of where they are stored, are subject to immediate withdrawal.
Seizure of property
This measure is used to ensure real seizure of property. An arrest is imposed on material assets by an authority or a person authorized by federal law. This administrative and restoration measure may be applied within a month from the day the debtor is ordered to pay the debt.
Arrest is allowed in respect of property under economic management, property or operational management, regardless of who exactly carries out its actual use. The measure is not applied to the values of limited and withdrawn from circulation.
To repay the debt, the property that was foreclosed is subject to sale. The sale of values is carried out within two months from the date of seizure, unless another period is established in the legislation or other regulations.
Penny
It represents the amount accrued daily for late payment. A penalty is established as a percentage of the amount of the principal debt. As a rule, for violations of financial discipline, the penalty is applied simultaneously with the collection of arrears.
Payment of interest on the principal debt for delay may be carried out voluntarily.
Preventive action
They are aimed at preventing violations of legal regulations. Administrative and preventive and administrative preventive measures are often applied simultaneously. For example, in the event of an accident at work, the perpetrator is identified, on whom a penalty is imposed. At the same time, the management of the enterprise takes measures to prevent accidents in the future: it tightens requirements for applicants, reviews job descriptions, provides training for employees, etc.
The specifics of preventive measures
Despite the pronounced preventive orientation, these measures are implemented in the framework of unilateral implementation of the authority of executive structures and their employees.
Preventive measures are usually expressed in the form of restrictions and prohibitions. This, in turn, emphasizes their compulsory orientation. They are not associated with the commission of illegal actions, but are focused on their prevention. As a rule, they precede other coercive actions.
Types of Coercion
Preventive measures are quite diverse. They apply to different entities in many areas of government. The most common preventive measures include:
- Supervision checks.
- Inspection of things and personal search of citizens.
- Giving instructions on the implementation of preventive measures.
- Verification of documents.
- Restriction / termination of traffic on the road.
- Medical examination, etc.
Preventive measure
They also have a precautionary character. However, they apply in the presence of a perfect offense.
Preventive measure has all the signs of administrative coercion. However, it has several features.
The purpose of the suppression is the cessation of unlawful acts and the prevention of the commission of new violations. The application of measures should be carried out promptly. Their implementation is often complicated by a lack of information about the nature of the violation and the conditions for its commission.
As a factual basis for the application of preventive measures acts unlawful action. At the same time, they can be implemented to prevent innocent, but objectively illegal actions by incompetent, insane subjects.
The range of grounds for the implementation of preventive measures is quite wide. In this regard, the list of subjects in respect of which they can be applied is also quite large. Preventive measures can be aimed at preventing unlawful actions by persons under 16 years of age, insane entities, persons endowed with immunity (parliamentary, diplomatic), military personnel, and employees of the Ministry of Internal Affairs in the commission of violations for which disciplinary liability is provided.
The importance of preventive measures
Prevention of violations is aimed at protecting the interests of the state, society and the violator himself. The imperious termination of illegal activity allows, first of all, to prevent events that will entail more serious consequences and aggravate the responsibility of the person. In some cases, preventive measures are aimed at providing real assistance to the subject. An example is the placement of a citizen in compulsory treatment.
Unlike restorative or preventive measures, the suppression of the violation may be accompanied by a violation of the physical integrity of the subject.
The list of punitive sanctions, enshrined in law, is considered to be exhaustive. The list of preventive measures may be expanded depending on the circumstances. Their use is often caused by extreme necessity or necessary defense. Accordingly, a person against whom unlawful acts are committed may use funds not expressly provided for in law. However, even in such cases, a citizen cannot exceed the limits of defense or emergency, established by the norms.
Classification
Preventive measures are special and general. The latter include:
- Administrative supervision of entities released from places of detention.
- Suspension of work, limitation of the operation of the facility.
- The seizure of items, storage, transportation, the transfer of which is illegal.
- Forced treatment.
- Preventive detention, etc.
Special measures may apply exclusively to citizens. They are associated with a violation of the physical integrity of persons.