Administrative-remedial measures: definition, description and features

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2018-04-19 13:00:37

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In administrative law uses the term "administrative remedial measures". A clear definition in the legislation. Next, try to understand what are the Administrative-remedial measures. Examples some of them will also be described in the article. administrative and remedial measures

General information

Legal and Administrative remedial measures are used for compensation of the harm caused by illegal act. They are aimed at restoring the situation that existed before the violation.

The Size and nature of the damage determines the type and size of the applied coercive measures. Administrative recovery The situation that existed before the violation, shall be in the manner prescribed by law and entrusted to the competent authorities.

Varieties

Administrative-remedial measures include the:

  • Penalties.
  • Demolition of unauthorized constructions.
  • Eviction.
  • Seizure.

The monetary penalties include compensation for damages, fines, reimbursement of arrears.

Demolition

This View administrative-remedial measures is applied to those who have violated housing and urban development regulations.

The Legislation establishes the order of construction of constructions. In violation of established regulations the administration of the municipality shall send the subject a requirement demolish illegal buildings. When the guilty evasion from execution of requirements of the demolition is carried out by municipal authorities by the offender. administrative restoration measures the types

Seizure of property

This Administrative restoration is used in case of obtaining property by illicit means. The withdrawal is also subject to the income received due to violation of financial discipline. Funds earmarked in the budget of the appropriate level.

Apply the Administrative restoration based on the decree of government agencies authorized to exercise control over the economic activity of enterprises. Such structures include standards bodies, oversight, pricing, etc.

Indemnification

This Administrative restoration fixed in the code. The damage is installed by a specially formed body. If the damage occurred due to unlawful acts of minors, in his estimation involved KDN.

The Commission on minors ' Affairs may impose the obligation to compensate for damages to the legal representatives of the offender (parents, adoptive parents, etc.).

Financial sanctions

They occupy a special place among all Types of administrative coercive measures. The financial sanctions include the recovery of arrears and penalties.

Call Arrears tax arrears. It is formed in the non-payment of mandatory payments to the budget and extra-budgetary funds in due time. administrative remedial measures the concept

Control on (on) during the day from the date of receipt of the order to the recovery of funds marked the banking organization on full/partial failure to send the debtor the requirement to repay arrears. In the notice there is also a warning about the possibility of imposing sanctions on the assets for evasion from execution of obligations. To repay the debt, you have five days.

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After a specified period in the case of non-face requirements the IRS is entitled to foreclose on his property. Cash in the cash register of the company and other amounts recognized in the accounting regardless of the location of their storage shall be subject to immediate seizure.

Seizure of property

This measure is used to ensure a real seizure of property. Arrest is imposed on material assets of the authority or a person authorized by that Federal law. The Administrative restoration can be used within one month from the date of delivery to the debtor of the decision on the repayment of debt.

The Arrest is allowed in respect of the property which is in economic management, ownership or operational control, regardless of who carries out the actual use. No measure is applied in respect of the values of restricted and removed from circulation.

For debt repayment property that is foreclosed is for sale. Implementation is effected within two months from the date of seizure, unless another date is specified in legislation or other normative acts. administrative warning and administrative remedial measures

Penalties

It represents the sum of the daily accrued for late payment. The penalty is set at a percentage of the principal debt. As a rule, violations of financial discipline penalty is applied simultaneously with the collection of arrears.

The Payment of interest on the principal for the delay can be voluntary.

Preventive measures

They are aimed at preventing violations of legal regulations. Administrative-rehabilitation andadministrative and preventive measures are often used simultaneously. For example, when an accident revealed the offender, who is subject to a penalty. The company's management is taking measures to prevent accidents in the future: tightening the requirements for applicants, reviewing job descriptions, conducts employee training, etc.

The specifics of the preventive measures

Despite the pronounced preventive orientation, these measures are implemented forcibly through the unilateral exercise of power by the Executive agencies and their employees.

Preventive measures usually are expressed in the form of restrictions and prohibitions. This, in turn, emphasizes the forced orientation. They are not associated with illegal actions, and focused on prevention. As a rule, they precede other coercive acts. types of measures of administrative coercion

Types of coercion

Preventive measures are quite diverse. They apply to different actors in many spheres of public administration. The most common preventive measures include:

  • The Implementation of oversight responsibilities.
  • Inspection of things and personal search of citizens.
  • The Country regulations on the implementation of preventive measures.
  • Verification of the documents.
  • Limitation/termination of traffic on the road.
  • Medical examination, etc.

Measure

They also have a preventive character. However, they are used in the presence of the offense.

The Measure has all the characteristics of administrative coercion. However, she has several features.

The Purpose of suppression is to stop illegal actions and to prevent the Commission of further violations. Measures should be implemented promptly. Their implementation is often complicated by lack of information about the nature of the violation and the conditions of its Commission.

As the actual bases for application of measures to suppress acts of unlawful action. However, they can be implemented to prevent innocent, but objectively illegal actions of incompetent, irresponsible entities.

The grounds for the implementation of preclusive measures is quite broad. In this regard, the list of subjects in respect of which they may be applied also pretty big. A preventive measure may be aimed at preventing unlawful acts by persons under 16 years of age, insane actors, individuals, endowed with immunity (parliamentary, diplomatic), military, officers of interior Ministry in the event of violations, which provided for disciplinary action. restoration of administrative coercive measures

The Value of preventive measures

Prevention is aimed at protecting the interests of the state, society and the offender. The power end to the illegal activity allows, first, to prevent events that can result in more serious consequences and would aggravate the liability of the person. In some cases, a preventive measure aimed at rendering real assistance to the subject. An example is the placement of a citizen for compulsory treatment.

Unlike restorative or precautionary measures, restraint of violations may be accompanied by violation of the physical integrity of the subject.

The List of punitive sanctions set forth by law, be considered as complete. A list of preventive measures can be extended depending on the circumstances. Their use is quite often driven by extreme necessity or necessary defense. Accordingly, a person in respect of whom committed illegal actions, may use funds that are not directly enshrined in law. However, even in such cases, a citizen can not exceed the limits of defense or of extreme necessity, the established norms. administrative and legal recovery action

Classification

The Measure are specific and General. The latter will include:

  • Administrative oversight of the entities released from prison.
  • A Suspension, restriction operation.
  • The Removal of items, storage, transportation, shipment of which is illegal.
  • Treatment.
  • Preventive detention, etc.

Special measures may be applied only to citizens. They are associated with the violation of bodily integrity.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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