DOI: 10.7256/2454-0595.2024.1.39943

Abstract: Personal search, seizure of things and documents are quite common measures of administrative and procedural influence, their purpose is to detect objects, substances, documents that are tools or means of committing an administrative offense. In other words, the appropriate measures of procedural influence are aimed at obtaining and securing evidence in the case of an administrative offense, and ultimately these measures contribute to improving the effectiveness of the execution of the decisions made in the case. In the course of the study, the author analyzed such a category as "personal inspection", assessed the legal regulation of this procedural event, drew attention to the need to improve the quality of both the organization of personal inspection, its procedural registration, as well as the need to respect the rights of the person in respect of whom personal inspection is carried out. The author shows the relationship of personal search with such procedural actions as the seizure of things and documents, as well as the relationship with delivery and administrative detention. The author cites various points of view regarding such a procedural action as "personal inspection", notes that personal inspection can also have a preventive function, this function of inspection is necessary in ensuring transport security, in countering the movement of things across the customs border. Personal search, as well as the seizure of things and documents, occupies an important place among the means of obtaining evidence in the proceedings on administrative offenses, and therefore, in order for the evidence to meet the requirement of admissibility, all necessary procedural requirements must be met during personal search. A personal search is a measure of procedural coercion, rather delicate, in this regard, actions that can humiliate a person are unacceptable during a personal search, the implementation of a personal search must be properly recorded.

DOI: 10.7256/2306-9945.2023.1.39679

Abstract: The article discusses the essence of measures of administrative procedural coercion with an emphasis on the use of administrative detention. The paper reveals the essence of administrative detention as a measure of a procedural nature. The author concluded that the indication of the law that administrative detention will be applied in exceptional cases is a kind of formality. Every day, hundreds of thousands of citizens, foreign citizens are detained and delivered to the territorial and linear bodies of the Ministry of Internal Affairs of the Russian Federation. Therefore, it is not necessary to say that this administrative detention is some kind of exceptional (rare) measure of administrative influence. Based on this, administrative detention requires proper procedural and organizational support. The author analyzes different points of view regarding such a measure of administrative procedural coercion as "administrative detention", identifies the criteria that form the basis of this classification, depending on the duration of the administrative detention and the subject to which this impact will be applied. The article draws attention to the organizational and procedural problems of administrative detention, makes proposals for their elimination, and also makes proposals for fixing in the Code of Administrative Offenses of the Russian Federation, another measure to ensure proceedings in cases of administrative offenses, which is necessary to improve the effectiveness of administrative detention. Also in the work carried out the ratio of such measures as: "delivery" and "administrative detention".