Nikolay N. Deryuga1, 3, Artem N. Deryuga1, 2
1Far Eastern Branch, Russian State University of Justice, Khabarovsk, Russia
2Far Eastern Law Institute, Ministry of Internal Affairs of the Russian Federation, Khabarovsk, Russia, email@example.com, https://orcid.org/0000-0001-8649-2971
Abstract. Administrative punishment serves the purpose of preventing the commission of new offenses. However, according to official statistics, tens of millions of cases of administrative fines and other types of punishments do not lead to a decrease in administrative tort. Moreover, despite the reduction in the number of law enforcement officers, the number of detected administrative offenses is growing.
The aim of the study is a critical analysis of changes and additions to the legislation on administrative offenses of the Russian Federation concerning the forms and content of legal conditions for bringing to administrative responsibility. The reasons and conditions of such changes are established, an attempt is made to draw the attention of the scientific community to the negative trends in the development of administrative-tort legislation and the likely result to which it can lead. Objectives of the study is the analysis of the norms of administrative-tort legislation of the Russian Federation, which sets rules of administrative responsibility, identifying problems in the law regulating surrogacy law.
The methodological basis of the research is the following: methods of dialectics as a general scientific method of cognition, as well as private scientific methods: comparative legal, technical-legal, formallogical in their various combinations.
The result of this study, it is concluded that the changes and additions in the law related to the simplification of manufacture on Affairs about administrative offences, solve bureaucratic tasks, convenient for law enforcement, but do not contribute to improving public policy to reduce the number of committed administrative offences. It is necessary to directly fix the educational function of administrative punishment in the law, in the process of which the visual and verbal connection of the law enforcement officer and the offender will be preserved when it is appointed.
Keywords: administrative penology, administrative offence, administrative responsibility, administrative penalties, administrative delictology, the function of administrative punishment
For citation. Deryuga N. N., Deryuga A. N. Factors of Reducing the Educational Function of Administrative Punishment. Journal of Russian Law, 2021, vol. 25, no. 5, pp. 83—91. (In Russ.) DOI: 10.12737/jrl.2021.062
Full text in Russian