THE PROBLEMS OF GIVING ADMINISTRATIVE PENALTIES FOR SECOND OFFENCES
Journal: PENAL LAW
Volume 12 № 4
, 2017
Authors:
1.
The Institute of State and Law of The Russian Academy of Sciences
(Sector administrative law and administrative process, Chief Scientist)
Russian Federation
Russian Federation
Type:
Article
Pages:
from 498
to 501
Status:
Published
Received:
19.12.2017
Accepted:
19.12.2017
Published:
19.12.2017
Subject area:
UDK 342.92
UDK 34 Право. Юридические науки
UDK 34 Право. Юридические науки
Language:
Russian
Keywords:
administrative offense, rules of giving administrative penalties, recurrence, uniformity, deprivation of spe- cial right granted to an individual, the term of deprivation of right, running of the time period
Abstract (English):
While investigating rules of giving administrative penalties fixed in Chapter 4 of the Code on Administrative Offences of the Russian Federation (on the example of Art. 3.8 "Deprivation of the special right granted to an individual", the author comes to the conclusion that the legislator does not provide a definition "frequency", as well as allows standardly established contradictions concerned giving administrative penalties for second offences during the term of punishment. The methodological basis of the research is made by a dialectic method and the system of general scientific and private scientific methods which is based on the dialectic method. For the sake of reliability of the research the following methods have been used: a logical method (at statement of all the material and formulation of conclusions); a method of the scientific analysis (in the course of development of scientific concepts); synthesis method (at synthesis of the obtained data, formulation of peculiarities of administrative penalties for second offenses; an analogy method (at use of the available knowledge and practical experience for studying of doctrinal approaches to identification of features of administrative penalties for second offenses; methods of generalization and description of the obtained data, etc. (it is offered to eliminate legal collisions concerning the concept of recurrence; to divide the qualifying signs of administrative offenses in Chapter 1 of Art. 3.8 of the Code on Administrative Offences the Russian Federation; to eliminate the contradiction of item 3 of Art. 32.6 and item 2 of Art. 12.7 of the Code on Administrative Offences of the Russian Federation.
While investigating rules of giving administrative penalties fixed in Chapter 4 of the Code on Administrative Offences of the Russian Federation (on the example of Art. 3.8 "Deprivation of the special right granted to an individual", the author comes to the conclusion that the legislator does not provide a definition "frequency", as well as allows standardly established contradictions concerned giving administrative penalties for second offences during the term of punishment. The methodological basis of the research is made by a dialectic method and the system of general scientific and private scientific methods which is based on the dialectic method. For the sake of reliability of the research the following methods have been used: a logical method (at statement of all the material and formulation of conclusions); a method of the scientific analysis (in the course of development of scientific concepts); synthesis method (at synthesis of the obtained data, formulation of peculiarities of administrative penalties for second offenses; an analogy method (at use of the available knowledge and practical experience for studying of doctrinal approaches to identification of features of administrative penalties for second offenses; methods of generalization and description of the obtained data, etc. (it is offered to eliminate legal collisions concerning the concept of recurrence; to divide the qualifying signs of administrative offenses in Chapter 1 of Art. 3.8 of the Code on Administrative Offences the Russian Federation; to eliminate the contradiction of item 3 of Art. 32.6 and item 2 of Art. 12.7 of the Code on Administrative Offences of the Russian Federation.
Keywords:
administrative offense, rules of giving administrative penalties, recurrence, uniformity, deprivation of spe- cial right granted to an individual, the term of deprivation of right, running of the time period
administrative offense, rules of giving administrative penalties, recurrence, uniformity, deprivation of spe- cial right granted to an individual, the term of deprivation of right, running of the time period
1. .
