ADMINISTRATIVE AND LEGAL SUPERVISION AND MEANS OF IMPLEMENTATION

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ADMINISTRATIVE AND LEGAL SUPERVISION AND MEANS OF IMPLEMENTATION

Journal Title: Право та інновації - Year 2014, Vol 4, Issue 1

Abstract

Problem setting: social control exercised by the state on the basis of relative forced people to whom applicable law set administrative supervision, in order to re non committing a crime. Since this provision, of course, allows us to consider the administrative supervision and criminal penalties as identical legal entity. However, as noted by D. Nazarenko, they have much in common, and this is particularly evident when comparing the administrative control of certain types of punishment. However, these similarities can be seen as random, and because we believe that their analysis may be deemed positive in the sense of further improvement of legislation and practice. Unfortunately, criminal law theory is not enough scientific publications on the issue of administrative supervision, and on the question of its relationship to criminal penalties research absent. This state study of the problem, in our view, is associated with a unique understanding of the legal nature of administrative control that has arisen in the scientific literature. Special attention is paid to problems of administrative control in the writings of well-known scholars in the field of criminal law, administrative and penal law : P. P. Adrushka, M. I. Bazhanov, Y. V. Baulina, I. P. Golosnichenko, O. M. Dzhuzhy, O. L. Kopylenko, V. K. Kolpakov, O. S. Mihlina, M. I. Miller, V. O. Navrotsky, D. A. Nazarenko, V. I. Osadcha, M. I. Panov, M. O. Sliced, V. I. Tyutyuhina, V. M. Trubnikova, V. O. Utkin, V. D. Filimonov, Y. V. Shynkaryova, I. V. Shmarov, O. I. Chistyakova, S. S. Yatsenko and others. The foregoing leads to the conclusion that for the administrative supervision of the legislator provides complex legal means characteristic, firstly, for the criminal, penal and administrative law, and, secondly, they are original, independent nature and contained in the law. This makes it possible, in our view, to suggest that in the case of administrative supervision, we are dealing with a complex interdisciplinary institute that arose in criminal law basis. Thus, our analysis of the legal nature of administrative supervision, the ratio of legal means for its implementation with other criminal law means not involving deprivation of liberty, can critically examine the existing legal language, select from similar legal decisions are those that can be used most effectively. In this paper we conducted a comparative analysis of criminal penalties and administrative supervision as a social phenomenon suggests that their function in the regulation of social relations is almost identical: they both face the challenge of social control exercised by the state on the basis of relative forced people to whom applicable law set administrative supervision, in order to non committing the crime again. Key words: criminal penalties, administrative supervision, social control, regulations, public relations.

Authors and Affiliations

Yurii Demyanchuk

Keywords

EP ID EP117077
DOI -
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