CONCEPT AND FEATURES OF ADMINISTRATIVE-LEGAL REGIMES OF RESTRICTIVE DIRECTION
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
In this scientific article the concepts and peculiarities of the administrative-legal regimes of restrictive direction are disclosed. It is determined that the administrative-legal regime is a set of legal means based on the principles of governance, which are used by authorized public administration actors in order to regulate social relations. The types of administrative-legal regimes of restrictive direction are singled out. Supervision of previously convicted persons is related to the restriction of their general administrative status. Persons under surveillance are obliged to adhere to such administrative restrictions: a) to arrive in a particular place and period which is determined by a penitentiary facility and to register with an agency of the National Police; b) to come at the request of the National Police within specified time limits and give oral and written explanations on issues related to the implementation of the rules of administrative supervision; c) to notify the officers who carry out administrative supervision of the change of a workplace or residence, as well as the departure outside a district (city) due to official affairs; d) to register with a relevant body of the National Police in case of departure on private business with the permission of the police officer to another settlement and staying there for more than a day. In addition to these rules (general restrictions), the following personal restrictions may be consolidated in the regulation on supervision decision: a) a ban to leave a house (apartment) at a specified time, which cannot exceed eight hours a day; b) a prohibition to stay in specific areas of the district (city); c) prohibition to departure or limitation of travel time on personal business outside the district (city); d) registration in the police from one to four times a month. At the same time, during the implementation of this regime personal restrictions, which are established depending on the lifestyle, family status and other circumstances that characterize personality of a convicted person, may be imposed. When exercising supervision, an authorized person has the right to weaken or increase the restrictions. Regulations on the establishment, continuation of supervision and restrictions, restrictions change are announced to persons under surveillance against countersignature. They are explained general and personal limitations, as well as liability for violations of rules and restrictions. Police officers are obliged to supervise the behavior of persons under surveillance and have the right to summon them to the police for a conversation, to demand from them explanations related to the observance of the rules, to attend their homes at any time. Consequently, changes in the general civil status of persons under surveillance have a punitive nature and consist in the temporary restriction of the rights to freedom of movement, inviolability of residence, obligation to be in bodies of internal affairs, the expansion of passive dispositive capacity.
Authors and Affiliations
В. Г. ЧОРНА
Keywords
Related Articles
- EP ID EP662315
- DOI -
- Views 71
- Downloads 0
PLACE OF PUBLIC INFORMATION IN THE GENERAL CLASSIFICATION OF INFORMATION IN UKRAINE
The paper gives a comparative description of the concepts “information” and “public information”, which are enshrined in the current legislation of Ukraine, and analyzes the information classifications proposed in the sp...
MODERN STATUS OF INFORMATION SAFETY OF MINORS AT LEGISLATIVE LEVEL
The article is devoted to the analysis of the norms that are contained in the legislative acts of Ukraine and regulate the issues of information safety of minors. Given the large array of laws, the author suggests groupi...
CUSTOM FORMALITIES RELATED TO REALIZATION OF CUSTOM CONTROL OF SHIPS OF FOREIGN SWIMMINGAND MEMBERS OF CREW
The article is sanctified to research of order of implementation of custom formalities in relation to the ships of the foreign swimming and members of crew, that is related exceptionally to realization of custom control....
COMPUTER VIRUSES – HARMFUL SOFTWARE, ELECTRONIC POWER MODIFICATIONS
The article deals with malicious software tools, the features of computer viruses are investigated, forms of viruses are considered. The main types of virus attacks are investigated and the influence of programs-viruses...
LEGAL PROBLEMS OF PROVIDING ADMINISTRATIVE SERVICES THROUGH INFORMATION TECHNOLOGY
The paper is devoted to the need of improve the national legislation which regulates the provision of administrative services through the information technologies, namely electronic documents and digital signatures.