ADMINISTRATIVE ENFORCEMENT

Administrative enforcement is: application of special measures by the state administration, courts, and some other organization in case of administrative or other violations or in case of necessity to fulfill certain state functions.

Peculiarities of administrative enforcement:

1. Administrative enforcement can be court or extrajudicial (non-court).

2. Administrative enforcement is out-of-office enforcement.

3. Plurality of subjects who can enforce people or organizations (state bodies, state organizations).

4. Plurality of administrative enforcement measures.

5. Administrative enforcement can be applicable to persons and organizations.

6. More easy procedures.

7. Ground for administrative enforcement is violation (as a rule administrative) or

sometimes special circumstances when state needs to use enforcement (flood, mudflow, earthquake).

Legality in case with administrative enforcement:

1. It is possible to use only measures which are mentioned in laws.

2. Only competent bodies can apply administrative enforcement.

3. All procedures must be observed.

Classification of administrative enforcement measures:

Depending on aims of measures using:

1. Measures of prevention;

2. Measures of suppression;

3. Measures of liability.

1. Measures of prevention.

The aim is to prevent violation.

Examples:

a. inspection of documents;

b. examination/inspection;

c. administrative supervision concerning the people who was released from the

prison;

d. quarantine;

e. restrictions in movement for people or for cars;

f. compulsory medical treatment.

2. Measures of suppression:

The aim is to stop violations

Examples:

a. administrative detention;

b. invasion of privacy;

c. placing to the special medical organizations;

d. using of fire-arms.

e. temporary termination of organization activity.

Administrative regimes:

Administrative regime means combination of rules for regulation of certain issues or situation which require special attention. As a rule such combination is connected with additional limitations, restrictions, registrations for people and organizations.

Administrative regimes can be ordinary and extraordinary.

Ordinary regimes:

a. customs;

b. passport;

c. ecological;

d. frontier.

Extraordinary:

- regime of special rule (law);

- regime of state of emergency;

- regime of martial law

1. Regime of special rule:

Grounds for application: ecological problems, epidemic, epizootic, technical accident.

Legislation: ecological, sanitary.

Who makes a decision: Government or akims.

Territory: certain administrative divisions.

Term: unlimited.

Measures:

- limitations on movement;

- quarantine;

- compulsory vaccination,

- suspension of activity.

2. Regime of state of emergency;

Grounds for application:

- attempts to change constitutional order with violence;

- acts of terrorism;

- mass disorders, inter-national conflicts, blockade of certain areas;

- extraordinary natural or technical situations: disasters, ecocatastrophe, large

accidents, epidemic, epizootic.

Legislation: Law on State of emergency (8.02.2003)

Who makes a decision: President after consultations with Chairpersons of Parliament

chambers and Prime-minister with information of Parliament.

Territory: all country or certain region.

Term: 30 days for all territory and 60 for the part;

Measures (some):

- limitations on movement; quarantine; compulsory vaccination, suspension of

activity (like in abovementioned regime);

- prohibition of the meetings, demonstrations, strikes;

- curfew (комендантский час);

- temporary arrest of mass-media production, copy equipment;

- prohibition of alcohol sale;

- temporary confiscation of weapon;

- expel of people who violate law outside of the territory;

- entering of the special order of food distribution;

- removal heads of state organizations from the office.

- mobilization of people or transports in some cases.

Peculiarities: President can create special temporary bodies - commandant's office and

commission on providing of such regime (special forms of government).

3. Regime of martial law:

Grounds for application:

-aggression against the Republic of Kazakhstan

- direct security threat.

Legislation: Law on Martial Law (5.03.2003)

Who makes a decision: President with information of Parliament.

Territory: all country or certain region.

Term: unlimited.

Measures (some):

- mobilization;

- curfew (комендантский час);

- establishment of special regime for organizations working;

- prohibition of meetings;

- military censorship;

- internment (интернирование): creation of special places for citizens of the

country which made aggression against Kazakhstan;

- evacuation of people or organizations;

- requisition of property (taking of property with payment).

Peculiarities:

Expansion of function of military bodies.

Military bodies can fulfill the functions of the other state bodies (legislative, executive,

courts).

Date: 2015-12-11; view: 1743