Administrative penology: the issues of legal theory

Pravoprimenenie

S. N. Shaklein¹ 

[1] Far Eastern Law Institute of the Ministry of Internal Affairs of Russia;

关键词: penology;    efficiency of administrative punishment;    administrative responsibility;    administrative tort;    administrative delinquent;    deviant behavior;    persuasion;    coercion;    psychology;    sociology;   

DOI  :  10.52468/2542-1514.2021.5(1).202-211

来源: DOAJ

【 摘 要 】

The subject. The article is devoted to the analysis of the effectiveness of administrative punishment enforced to persons with deviant behavior of an immoral orientation, and the development of proposals for improving the effectiveness of administrative punishment from a penological point of view. The subject of the research is administrative punishment and the legally fixed type and limits of administrative-tort sanctions, which allow administrative jurisdiction bodies and courts to enforce a specific type and measure of administrative punishment aimed at forming the legality of the behavior of an administrative delinquent. The purpose of the article is to confirm or disprove hypothesis that increasing the effectiveness of administrative punishment will significantly reduce the repetition of administrative offenses due to the educational impact on the consciousness and behavior of administrative delinquents, their moral education. The author analyzes the effectiveness of administrative fine by the repetition of administrative offenses (on all-Russian and regional statistics) and develops proposals for improving the effectiveness of administrative punishment. The methodology. The results of this research were achieved through the use of general scientific methods in the framework of observation, comparative, logical interpretation of legal acts, statistical analysis as well as through the analysis of law enforcement practice. The main results. The analysis of law enforcement practice has shown the ineffectiveness of the administrative punishment imposed on persons with deviant behavior of an immoral orientation. In this regard, the author suggests penological conditions for improving the effectiveness of rule-making and law enforcement practice, points out the need to ensure interaction and cohesion of jurisprudence, sociology of law and legal psychology, methods of persuasion and coercion in the development and application of administrative sanctions measures. It provides maximum flexibility of the final decision, the possibility of taking into account legal, social, psychological, economic and other nuances of the case in order to maximize the impact on the consciousness and behavior of a person for his subsequent correction and re-education, the formation of a persistent habit of lawful behavior. The author also proposes to provide for administrative liability for failure to comply with official warnings about the inadmissibility of actions creating conditions for commission of crimes, of administrative offences or of the inadmissibility of the continuation of antisocial behavior. Conclusions. The issues of increasing the effectiveness of the appointment and execution of administrative punishment need increased attention of the state and urgently require a targeted approach to punishment first of all.

【 授权许可】

Unknown