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
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