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§ 4. Measures of administrative compulsion, are applied by police in the mechanism of maintenance of transport safety

In a legal mechanism of maintenance of transport safety one of key is administrative-legal means are measures of administrative compulsion. The designated means express reaction of the state on made or perfect illegal act which has various degree of the social danger.

Realisation of measures of administrative compulsion is carried out with a view of protection of a public order, maintenance of the public safety, the prevention and suppression of crimes and administrative violations, revealing and punishment of offenders.

Enforcement machinery presence is one of signs of the state which is obliged to provide execution and observance of laws and other standard legal acts in the territory, using the state compulsory means. However is an axiom that fact, that, realising only a belief method, it is impossible to achieve positive results in administrative activity. It to the full concerns also to police activity as it realises the powers directly connected with application of measures of administrative compulsion. Administrative compulsion in police activity is necessary for performance of the problems assigned to it and functions on protection of the person, a society, the state against illegal encroachments, to the prevention and suppression of crimes and administrative violations, public order protection, public safety maintenance. Differently, all is administrative-remedial activity of police is anyhow connected with application of various measures of administrative compulsion by it, therefore any scientific research of activity of police is impossible without the deep analysis of essence applied by it in the course of this activity of coercive measures. Unlike measures of belief which have preventive character, measures of administrative compulsion, carry state-imperious, is precautionary-presekatelnyj character that is why should be carried out only in strict conformity with the law, otherwise they cannot reach those socially useful purposes which are put before them by the state and a society. Legality and validity of application of similar measures does by their integral element of administratively-legal mechanism realisation of the powers given to police at performance of the problems assigned to it and functions, including in sphere of transport safety.

It is necessary to notice, that measures of the state compulsion were investigated in works of variety of scientists during the various historical periods of development of jurisprudence. In particular, D.N.Bahrah allocated in due time following lines of legal compulsion (that is applied by competent bodies in exact conformity with the law and right principles):

1. Compulsion represents reaction of the state bodies to wrongful behaviour of people dangerous to a society.

2. Legal compulsion is applied only to concrete subjects of law who have broken rules of law. It is personified, this external influence with a view of to force the subject to performance of legal instructions, not to admit new infringements, to bring up guilty and associates. The purposes of compulsory activity are reached by means of influence on moral, organizational, material, physical sphere of the concrete subject.

3. Legal compulsion is carried out by means of certificates of application of rules of law.

4. Compulsion is applied on the basis of rules of law. Rules of law regulate, what measures, under what conditions, in what order by whom can be applied.

5. Only the state possessing special management personnel and compulsion, is authorised to apply forced measures to

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To citizens and legal bodies ».

As we see, measures of administrative compulsion as to the full satisfy versions of legal compulsion to the above-stated signs, that throughout all research will be repeatedly proved by us.

Investigating administrative compulsion, DN. Bahrah writes that it consists of two parts: an administrative arbitrariness and is administrative-legal compulsion.

Unfortunately, an administrative arbitrariness in police activity in whole and transport police in particular takes place to be now to what the uncountable quantity of complaints to actions or inactivity of unfair employees of police which frequently apply forced measures in own way to the discretion testifies, instead of according to the law. Meanwhile in our research under administrative compulsion we will understand is administrative-legal compulsion.

«Is administrative-legal compulsion, - writes D.N.Bahrah, is the special kind of legal compulsion consisting in application by subjects

2 0 0 See: Bahrah D.N., Rossijskij B.V., Starilov JU.N.administrative law. - M., 2005. - with. 491.

01 See: Bahrah D.N., Rossijskij B.V., Starilov J.N. - the Decree. soch. - with. 495.

The public functional power established by norms administrati vnogo the rights of forced measures in connection with wrongful acts »202.

The given researcher specifies following features of is administrative-legal compulsion which is applied including by employees of police at maintenance of transport safety:

1. Measures of is administrative-legal compulsion are applied in connection with antisocial illegal acts (as a rule, administrative violations), breaking the rules of law established by the state protected by means administrativnoprinuditelnogo of character.

2. Is administrative-legal compulsion is carried out within the limits of not office submission at absence lin¾jnogo or organizational submission between the parties of the given guarding legal relation.

3. A variety and plurality of the subjects who are carrying out an administrative jurisdiction.

4. To administrative influence are exposed both physical persons, and legal bodies, collective subjects.

5. Is administrative-legal compulsion is entirely regulated by norms of administrative law which fix types and kinds of coercive measures, the bases, an order and conditions of their application »203.

A number of researchers still the Soviet administrative law also tried to formulate concept of such legal category, as administrative compulsion. So, L.L. Priests and A.P.Shergin in svo є time specified, that «administrative compulsion represents a version of the state compulsion, having the

Appointment protection of public relations which develop in the field of the government »204.

2 0 2 In the same place. - with. 496.

2 0 3 See: Bahrah D.N., Rossijskij B.V., Starilov J.N. - the Decree. soch. - with. 495.

2 0 4 See: Priests L.L., SHergin A.P.management. The citizen. Responsibility (essence, application and efficiency of official penalties). - L, 1975. - with. 22.

Such abstract, in our opinion, the definition specifying in the leading part of the state and societies at a socialist system, missing of the conducting the person with its rights and freedom, was characteristic for the Soviet school of the right. However D.N.Bahrah has formulated fuller and concrete definition of administrative compulsion even earlier: «Administrative compulsion is the special kind of the state compulsion consisting in application by state bodies, and in statutory cases - judges (vessels) in an order fixed by norms of administrative law, forced measures to offenders for the purpose of protection of public relations protected by the right» 205.

We have specified some points of view of the designated author, on proceedings, textbooks and which manuals one generation of scientists-administrativistov has grown not. To research of administrative compulsion of D.N.Bahrah has devoted the thesis for a doctor's degree which has been protected in 1971, therefore it is the deepest researcher of such legal phenomenon as «administrative compulsion».

Now scientific interest to research of the given concept not oslab to what attempts modern administrativistov testify to give own definitions to administrative compulsion and it is opened its structure. We will specify only some of them.

«Under administrative compulsion, - writes L.B.Panfilov, - it is necessary to understand ways and receptions of compulsory influence (psychological, material, moral, physical and organizational character) on citizens and the officials, regulated by norms administrative and it is administrative-law of procedure, directed on strict observance by the specified subjects of legal obligations at occurrence of the circumstances menacing to safety

2 0 5 See: Bahrah D.N.Soviet the legislation on administrative responsibility. - Perm, 1969. - With. 32.

Societies or persons or in connection with fulfilment of administrative violation, a crime »206.

The designated definition as a whole reflects essence of administrative compulsion which in functional aspect can be used for the prevention as administrative violations, and crimes. Transport and a transport infrastructure is attractive object for fulfilment of acts of various degree of the social danger. So, in 2016 on objects of service of bodies of the Ministry of Internal Affairs on transport 37181 crime is registered. In criminality structure on objects of a transport complex a dominating place thefts (32,6 %) occupy, the crimes connected with a drug trafficking (27,7 %) and an economic orientation (16,8 %) 207.

Criminality structure

2 0 6 See: Panfilov of L.B.concept and measures of administrative compulsion in activity of employees of law-enforcement bodies on public safety maintenance on a sailing charter//the Society and the right. - 2015. - № 2. - with. 298.

2 0 7 Conditions of criminality and the basic results of operatively-office activity of territorial bodies of the Ministry of Internal Affairs of Russia on transport in 2016

Let's pay attention, that administrative compulsion is considered and as a method of is administrative-legal influence. In particular, AI. Kaplunov writes, about that that «... Administrative compulsion is a special kind of the state compulsion. Besides it administrative compulsion is the method of the government consisting in application by competent authorities established norms administrative and is administrative-law of procedure the forced measures of influence directed on maintenance of appropriate execution of legal obligations by persons in connection with fulfilment by them of illegal acts or at occurrence of circumstances, representing threat of safety of the person or a society» 208.

The made definition, in our opinion, is most substantial and successful for explanation of essence and problems of maintenance with police of transport safety as employees of police much more often, than other subjects of the government I apply in the work a complex of various measures of administrative compulsion.

Administrative compulsion forces the citizen to correlate the behaviour to requirements of a society and the state in ugodnuju for them the party as it is connected with restriction of some the rights and legitimate interests of the persons who have made offences, and also provides the prevention as administrative violations, and crimes. Achievement of desirable result at use of measures of administrative compulsion occurs contrary to will of the subject. The purpose of administrative compulsion - to force the concrete subject to observe instructions are certain or to refrain from those or other actions. Direct object of administrative compulsion are physical and legal bodies. Appointment of administrative compulsion consists in

2 0 8 See: Kaplunov A.I. About concept of administrative compulsion as branch kind of the state compulsion//Jurisprudence. - 2004. - № 3. - with. 126.

Social justice restoration, education of offenders, the prevention of new offences.

In the scientific literature it is noticed, that specificity of administrative compulsion is expressed in the following:

Administrative compulsion is carried out in the field of the government and directed on the decision of its problems and functions. It is used also with a view of maintenance of the public safety, attraction to administrative responsibility of offenders. The maintenance and an application order are administratively-forced measure defined by norms of administrative law;

The basis of its application are either administrative violation fulfilment, or approach of the so-called special conditions provided by the rule of law, for example epidemics, epizooty, acts of nature, technogenic accidents and other force majeure at which measures of administrative compulsion are used with a view of the prevention of occurrence of those or other dangerous consequences or their localisation;

Measures of administrative compulsion have the right to apply not only courts and judges, but also other authorised bodies of the executive authority and officials according to their jurisdiction;

Unlike measures of a disciplinary responsibility realisation administratively-forced measures has no communication with office relations of the parties;

Administrative compulsion is applied as to physical, and

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To legal bodies.

It is necessary to notice, that administrative compulsion is, as a matter of fact, police compulsion. Thereupon the given kind

2 0 9 See: Administrative law of the Russian Federation / Otv. red. L.L.Popov. M., 2014. - with. 203.

The state compulsion javlja¾tsja objectively necessary in the mechanism of maintenance of transport safety.

As fairly marks a number of researchers, «... In increase of struggle against administrative violations practice of application of measures of administrative compulsion has special importance. Proved both timely and their application in administratively-jurisdiktsionnom process promotes the prevention, suppression and disclosing of offences, provides inevitability of administrative punishments for persons, their made» 210.

Some statistical data for 2015 about accepted Rostransnadzorom reaction measures on the facts of the revealed infringements in the field of transport safety deserve scientific attention with reference to a theme of our work. The given enforcement authority is the basic subject of application of measures of administrative compulsion to infringers of requirements and rules of transport safety, and the police role is reduced to rendering to it of all assistance in application of statutory coercive measures. We will result some indicators and their values for 2015 So, the total of legal bodies, individual businessmen, during carrying out of checks are revealed offences, constitute for 2015 23809 units. Thus infringement of the obligatory requirements representing neposredstvennoju threat of injury of a life and health of citizens, to property physical and legal bodies, and also threat of extreme situations of natural and technogenic character is revealed at 9377 subjects. Total of the subjects, which activity has entailed infringements of obligatory requirements and there were the reason of injury of a life and to health of citizens, environment, objects of a cultural heritage, property physical and legal bodies, safety of the state, has constituted 176 units. Total of checks, following the results of

210 See: Golovinskij I.V.; Kushchev P. M; Nahodkin E.N.preparation of employees of police to application of mobile inspektsionno-customs complexes//the Lawyer - the jurist. - 2016. - № 1. - with. 98.

Which carrying out are revealed offences, has constituted 31339. During the given checks 184469 offences have been revealed. From them the overwhelming majority (170038) is connected with infringement of obligatory requirements of the legislation in the field of transport safety. Discrepancy of the data containing in the notice on the beginning of realisation of separate kinds of enterprise activity, to obligatory requirements has been established in 101 case. Default of instructions of bodies of the state and municipal control - 14330 cases. The total of checks following the results of which carrying out affairs about administrative violations are initiated, has constituted 18598 units. The total of checks following the results of which administrative punishments are imposed, has constituted 16058 units. The total of the administrative punishments imposed following the results of checks, has constituted 38338. From them the administrative penalty - 37571 cases, the prevention - 755 cases, administrative stay of activity - 10 cases, disqualification - 2 cases [95].

Classification of measures of administrative compulsion is spent by various criteria, however, in our opinion, the most correct their allocation depending on the purposes and a way of maintenance of the law and order, public relations defined by character and illegal encroachments on these relations is. According to the given criterion all measures of administrative compulsion can be subdivided into four groups:

1) is administrative-precautionary measures;

2) measures of administrative suppression;

3) measures of administrative responsibility;

4) measures of is administrative-remedial maintenance.

L.B.Panfilov, investigating application by police of the given coercive measures, specifies on «specificity of application of the given measures: first, in investigated activity all forms of administrative compulsion are applied practically: the prevention, suppression, remedial maintenance, administrative punishment; secondly, they include

Such special measures, as application of physical strength by police,

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Special means and fire-arms ».

In the present research we will adhere also to the given classification as it has strongly pronounced practical character with reference to police activity in sphere of maintenance of transport safety.

Precautionary measures among all measures of administrative compulsion are to the greatest degree applied at maintenance of transport safety for the purpose of bar of claim by lapse of time of certificates of illegal intervention, their timely suppression. Safety of the citizens who are on objects of a transtime tnogo of a complex in many respects depends on their full and correct application. To warn the certificate of illegal intervention in activity of transport system, instead of to bar them or to make accountable offenders, should be the main task of police and other bodies at carrying out of a complex of actions for maintenance of transport safety on railway, water and air transport. « ... The Prevention of offences police bodies, - writes A.V.Korkin, - is carried out basically by application of precautionary measures of administrative compulsion. It the prevention of offences differs from preventive maintenance of offences where the measures of various character which are carried out with the consent of the person in which relation such measures so not being measures of administrative compulsion use enter. An intrinsic sign

212 See: Panfilov of L.B.concept and measures of administrative compulsion in activity of employees of law-enforcement bodies on public safety maintenance on a sailing charter//the Society and the right. - 2015. - № 2. - with. 297.

Is administrative-precautionary measures, as well as other types of measures of administrative compulsion, that they can be provided only by federal acts while preventive maintenance measures quite often contain in the subordinate legislation standard legal is

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Certificates ».

However value of precautionary means in the mechanism of maintenance of transport safety in no event cannot be belittled. It is connected by that adminisfativno-precautionary measures are directed on bar of claim by lapse of time of fulfilment of certificates of illegal intervention, thus their maintenance does not carry compulsory, state-imperious character n is directed on voluntary observance by subjects of rules n requirements of transport safety which should perceive this duty with a view of protection of own rights n legitimate interests. Accordingly employees of police should not neglect belief means at realisation of the activity on maintenance of transport safety.

To admnnistrativnspredupreditelnym to the measures applied by police in sphere of maintenance of transport safety, concern such as: check of the documents proving the identity; entering to heads n to officials of the transport organisations of obligatory representations for execution about elimination of the reasons n the conditions promoting realisation of threats of safety;

Examination of passengers, hand luggage n luggage on railway, water or air transport independently or together with divisions n services of transport safety; a cordon (blocking) of sites of district; [96]

Check of documents on the right of management of vehicles; survey of vehicles and cargoes at suspicion, that they are used in the illegal purposes;

Carrying out of instructing with employees of divisions of transport safety and workers of transport sphere on realisation of actions by them with a view of the prevention of internal and external threats of transport safety;

Support of vehicles in a way of their following; detour of territories of objects of a transport infrastructure etc. is difficult for overestimating Value of the specified measures, as, possessing compulsory character and in something limiting the rights and freedom of passengers, they in any case are directed first of all on zashitu these rights, to liquidation of possible attempts of fulfilment of acts of terrorism, extremist and hooligan actions to objects of a transport infrastructure or in salons of vehicles. Therefore application of the given measures should cause respect for work of police and divisions of transport safety in legislative citizens as a whole.

Except the Code of the Russian Federation about administrative violations and the Federal act «About police» administrativnopredupreditelnye measures are provided by the laws regulating the organisation and activity air, railway and a sailing charter. For example, the Code of an internal sailing charter of the Russian Federation [97] and the Maritime Code of the Russian Federation [98] is specified 10 times by applications by competent bodies of such is administrative-precautionary measures of maintenance of transport safety, as pilotage conducting of vessels and vessel arrest. Air to - d¾ks to the Russian Federation [99] directly specifies to us, that aviation safety is provided (including with bodies of transport police) means:

Prevention of access of casual persons and vehicles in a zone of the control of the airport or airdrome;

Protection of air vessels with a view of an exception of cases of penetration on air vessels of by-standers;

Exceptions of possibility of not authorised transportation on an air vessel of the weapon, an ammunition, explosives and explosives, radioactive substances and introduction of special safety measures at the permission to their transportation air transport ™;

Preflight and poslepoletnogo examination of passengers; realisations of measures of counteraction to certificates of illegal intervention in activity in sphere of aircraft and other measures, in that of law enforcement bodies purely carried out with participation;

Suppressions of possibility of illegal access of casual persons to pilotless aviation systems.

At the same time, as obosnovanno marks G.B.Tsareva, «... Despite strongly pronounced precautionary-preventive character, these measures are carried out under compulsion in the course of unilateral realisation of legally imperious powers of competent enforcement authorities and their officials. Measures of the administrative prevention are expressed, as a rule, in the form of certain interdictions and restrictions, that also characterises their compulsory essence. Addoinistrativnspredupreditelnye measures are not connected with fulfilment of any offences, and directed on their revealing and bar of claim by lapse of time of their fulfilment. These measures precede application of other measures of administrative compulsion which are realised only in cases of fulfilment of administrative violations. The basis for application of is administrative-precautionary measures javlja¾tsja presence of real-life or potential threat personal or the public safety, and also presence of threat of disturbance of public peace in any sphere of ability to live of a society, that is approach of special, statutory conditions, both connected, and not connected with proti -

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vopravnym behaviour of the person to which these measures are applied ».

All it directly concerns applications admitstrativnspredupreditelnyh measures with employees of police at carrying out of actions together with other services on maintenance of transport safety.

The most substantial definition administrativnopredupreditelnyh measures results VA Millers which notices, that «... Precautionary measures of administrative compulsion is a set of means and receptions of influence of the state on subjects of the legal relations, consisting in causing of any restrictions by it in the form of application of directly statutory measures with a view of the prevention or revealing of offences, the prevention of approach of other socially dangerous consequences, and also revealing of threats of their possible approach» [100 [101].

Proceeding from it, the specified legislative subjects are obliged to undergo the given restrictions for the sake of maintenance of own safety on objects of transport system.

As researchers administrativnopredupreditelnyh E.V.Markin and JU.N.Sosnovsky's coercive measures fairly specify, «forced measures are applied also concerning persons, innocent rules of law in infringement. Allocate four groups of the measures applied in ts¾ljah: bars of claim by lapse of time of threats of approach of dangerous, harmful, heavy consequences; preventions of crimes and administrative violations; prevention of evasion of corresponding subjects from appropriate execution of the duties; maintenance personal and the public safety, and also treatment of patients dangerous to a society» [102].

O.O.Chujkina adheres to similar opinion, saying to that «specificity of compulsory adminisshchativno-precautionary measures consists that their application by competent bodies has preventive character and it is aimed at prevention of crimes and administrative violations, on bar of claim by lapse of time of other socially dangerous consequences. The authorised bodies can apply administrativnopredupreditelnye measures, including to the subjects who have not made about -

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tivopravny acts ».

The majority of the specified measures is applied by divisions of departmental protection of the Ministry of transport of the Russian Federation, divisions of transport safety in interaction with transport police and other law enforcement bodies.

Investigating the bases and an order of application of measures of the administrative prevention that is characteristic for maintenance transport bezopasn osti on objects of railway, water and air transport, E.V.Shubina specifies, that «... The bases of application of measures of the administrative prevention can be various. For one kinds of measures of the administrative prevention the basis are presumptions about intentions of the person to make an offence, for others - assumptions of possibility of approach of harmful consequences for the person, societies, the states as a result of emergencies of social, natural or technogenic character. For all set of forced measures of the administrative prevention the general is that they are applied in connection with the legal anomalies containing real or potential threat to interests of separate citizens or a society as a whole, irrespective of conditions and the bases of their application» 221.

Such legal anomalies now arises more and more so, safety of citizens on objects of a transport infrastructure becomes more and more vulnerable for certificates of illegal intervention. Objects of transport system for acts of terrorism are especially vulnerable, therefore the complex of existing is administrative-precautionary measures should be applied at maintenance of transport safety in full concerning each passenger who is seeing off, and also the person who have casually appeared on objects of a transport complex.

Default or inadequate execution by employees of transport police of admiiiefativio-precautionary measures can result (and frequently results) in certificates of illegal intervention, including terrorist character. That is why for

Is administrative-precautionary activity of police on objects of a transport infrastructure, vehicles should carry out constant, instead of the periodic control both departmental, and public character. Last, spent by representatives of public associations and ordinary citizens, is especially important and effective, as a police management as practice shows, far not always pays due attention to lacks of work of the subordinates from solidarity, conformism, understanding nenormirovannogo a work drawing, etc.

221 See: SHubina E.V. To a question on the bases and an order of application of is administrative-precautionary measures of legal compulsion//the Bulletin of the Moscow university of the Ministry of Internal Affairs of Russia. - 2015. - № 6. - with. 184.

Cases when a carelessness, disorder, irresponsibility of concrete employees of police led to death as the usual citizens who have appeared on a place of fulfilment of act of terrorism or extremist displays, and workers of transport are frequent. Therefore the control over application by employees of police of is administrative-precautionary measures of maintenance of transport safety should be actual, instead of formal.

It is necessary to notice, that at application

Is administrative-precautionary measures on objects of a transport infrastructure and in salons of vehicles it is necessary to consider features of a transport complex and specific problems and functions depending on presence of this or that threat of safety. So cases of fulfilment of acts of terrorism in undergrounds and on objects of civil aircraft with use of suicide bombers, for example, have become frequent. Revealing of such persons and suppression of their criminal activity should be carried out in a special order which seriously differs from usual actions for maintenance of transport safety. Here any error, any conflict to the criminal to which has already nothing to lose, can turn back  destruction him, and together with it and huge number of people being nearby, including policemen. Therefore even such is administrative-precautionary measure as check of documents, should be made in as much as possible quiet conditions and the polite form even then when the employee of police clearly understands, that before it the suicide bomber. In case of carrying out by transport police in common with services of aviation safety, divisions of federal security service of actions for revealing and neutralisation of suicide bombers on objects of civil aircraft «it is necessary to consider, that suicide act of terrorism can be planned and realised not only onboard the plane, but also on any other object of civil aircraft. Therefore from the point of view of possibility of carrying out of act of terrorism with use of the suicide bomber, it is necessary to pay attention to following objects of civil aircraft: air vessels (on the earth and in air); aerostation complexes (zones of preflight examination; shops; waiting rooms; cafe, etc.) ; Controllable both protected territories and objects of the airport); the territories nearest to the airport, parking and parkings of motor transport, a rest zone (hotel, parks, children's playgrounds, safety zones, etc.) »222.

The kind of socially dangerous consequences, and also concreteness of object of an encroachment of a warned offence are defined by a situation in which these measures are applied. The situation should allow to be afraid the real bases of an encroachment of a warned offence on the given object of a transport complex or approach of socially dangerous consequences of this concrete kind, and rules of law should provide application possibility administra -

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Tivno-precautionary measures in the circumstances.

At the same time, in the developed conditions of constant terrorist and extremist threats excessive application

administrativnspredupreditelnyh measures it is much better than their insufficient or incomplete application as frequently the certificate of illegal intervention as practice shows, are made there where their least real bases to be afraid.

The basis of application by employees of police of measures of administrative suppression is fulfilment of administrative violation which in turn could be a consequence of inadequate application by police above-stated and others administrativnopredupreditelnyh measures. The purpose of application of such measures - not to admit a distance -

2 2 2 See: Phillips A.H., paramonov И.M., Ljuban of transport safety in struggle against suicide bombers on objects of civil aircraft//the Bulletin of the Moscow university of the Ministry of Internal Affairs of Russia. - 2016. - № 3. - with. 186.

2 2 3 See: V.A.Predupreditelnye's Millers of a measure of administrative compulsion: problems of definition of concept and the application purposes//the Bulletin of the Volgograd academy of the Ministry of Internal Affairs of Russia. - 2013. - № 3. - with. 26.

n¾jsh¾go offence fulfilment dibo approaches of harmful consequences of its fulfilment, and also development of administrative violation into the penal crime, capable to cause a much bigger damage to a society and the state. Such measures are, for example, administrative detention of the infringer; requirements about the termination by citizens and officials of the wrongful acts representing threat transport and the public safety; application by employees of police concerning offenders of the physical strength, special means and fire-arms.

As wrote in due time AP. Korenev, «... Measures of administrative suppression are understood as means and the ways of compulsory influence applied with a view of the termination of an offence, prevention of its harmful consequences, and also with a view of creation of possibility for the subsequent attraction of the infringer to statutory

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Responsibility ».

Differently, application of measures of administrative suppression carries forced for pravoprimenitelnyh bodies character. Use of the given measures is frequent represents threat for health and even a life of employees of police as between the employee of police and the offender there is a conflict as the offence or attempt at it has already occurred, and accordingly attraction of the person to administrative or to the criminal liability will be a consequence of their application already. Therefore application of a preventive punishment should occur at the highest professional level for the purpose of bar of claim by lapse of time or minimisation of socially dangerous consequences in the course of their application that is to the greatest degree characteristic in the conditions of a considerable congestion of people and the limited space on objects of a transport complex.

The modern researcher of measures of administrative compulsion A.I.Kaplunov allocates besides the general measures so are named special

2 2 4 See: Korenev A.P.administrative law of Russia. I. - 1999. - With. 200.

Measures of administrative suppression to which carries, for example, application by employees of police of the physical strength, special means and fire-arms. As the designated author, «marks... Special measures of is administrative-legal suppression can be defined as ways and means of direct physical influence for the person, subjects or animals. The given measures established by norms of material or remedial administrative law, they directed on physical hindrance to fulfilment of illegal act, counteraction overcoming, compulsion to performance of the legal obligation or elimination of threats personal or public is safe -

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sti ».

Similar measures in full can be applied only by employees of police according to the Federal act «About police», and they are often applied in activity of transport police on maintenance of transport safety. The problem here consists that employees are forced to apply the specified measures in the conditions of crowd when casual persons can suffer from lawful acts of employees of police, get wound in the course of application of the organic weapon or test a psychological shock at application of special means and physical strength at detention of the offender. Therefore in practice in such conditions employees of police seldom use not only fire-arms, but even special means, and prefer physical strength which far not always leads to desirable result. Quite often the malefactor appears more strongly and faster the employee of police and can unexpectedly be pulled out and escape, having got lost in crowd of people.

In sphere of maintenance of transport safety employees of police should reveal and bar administrative violations which traffic safety on the railway directly threatens

2 2 5 See: Kaplunov A.I.legal regulation of application by employees of militia of special measures of administrative suppression: problems and perfection ways//the Police right. - 2005. - № 1. - with. 61.

Transport and underground, number of such administrative violations, in particular, concern:

The actions breaking the requirements of aviation safety; the actions menacing to traffic safety on a sailing charter;

Management of a vessel of the navigator or other person who is in state of drunkenness; infringements of rules of maintenance of safety of passengers on sailing charter vessels, and also on malomernyh vessels;

Infringements of rules of transportation of dangerous substances, large-sized or heavy cargoes;

Property damage on vehicles of common use, freight cars or other intended for transportation and storage of cargoes on equipment transport; infringements of requirements in the field of transport safety;

Infringements established in the field of maintenance of transport safety of usages and rules;

Infringements of rules of behaviour of citizens on railway, air or a sailing charter;

Managements of a vehicle or release on a line of a vehicle without a mean of the control,

Measures of administrative responsibility which are defined by the Code of the Russian Federation about administrative violations, represent the administrative punishments appointed according to KoAP of the Russian Federation for fulfilment of administrative violations, in punishment compulsory force of the state which obliges is shown to undergo to the offender certain deprivations of the personal or material character provided by the sanction for this or that administrative violation, Administrative punishment should not have the purpose humiliation of human advantage of the physical person who has made administrative violation,

Or causing to it of corporal hurts, and also drawing of harm of business reputation of the legal person.

For fulfilment of administrative violations in sphere of transport safety administrative punishments, as the prevention, the administrative penalty, administrative arrest, confiscation of the tool of fulfilment or an administrative violation subject, administrative stay of activity, deprivation of the special right are applied such provided by the Code of the Russian Federation about administrative violations. Most often applied kind of administrative punishment provided for all kinds of administrative violations on transport, including in sphere of maintenance of transport safety, the administrative penalty representing for the offender of deprivation of material (monetary) character is.

C one party, such kinds of administrative punishments as the prevention and the penalty, can be imposed by employees of transport police, therefore administrative process of their application is easier, than other administrative punishments which are appointed according to KoAP the Russian Federation only judges.

C other party, such jurisdiktsionnye subjects as bodies of transport supervision, bodies of transport police, are limited to application within the administrative violation sanction only these two kinds of punishment without transfer of materials of administrative affairs to courts. So, for example, for careless default of requirements on maintenance or observance of transport safety (a part of 1 article 11.15.1 KoAP of the Russian Federation) to administrative responsibility involves body of the state transport supervision. However for repeated or deliberate fulfilment of the same act (a part of 2 and 3 articles 11.15.1 KoAP of the Russian Federation) administrative punishment is appointed only by the judge. We will pay attention, that revealing and

Such d¾jany bodies of transport supervision in interaction with police bodies are engaged in suppression.

The part of 1 article 11.1 of the Code of the Russian Federation about administrative violations in which administrative punishment in the form of the administrative penalty or administrative arrest for damage of a railway way, constructions or alarm system or communication devices, or other transport equipment is provided, sbrasyvanie on tracks or leaving on them of subjects which can cause infringement of movement of trains is worthy.

Thus the bodies to consider cases about this very serious, in our opinion, administrative violation, bodies of police and bodies of transport supervision are authorised. Meanwhile, the given bodies cannot apply independently even to malicious offenders administrative arrest, as last according to article 3.9 point 1. KoAP the Russian Federation it is appointed the judge, therefore at revealing of such infringers bodies of police and bodies of the state transport supervision are obliged redate to its judge for awarding punishment in the form of administrative arrest. Meanwhile, to the specified subjects for increase of the indicators demanded by the Management to apply the administrative penalty even concerning regular infringers of safety requirements on a railway transportation easier.

So, in 2016 only in sphere of maintenance of transport safety by employees of territorial bodies of the Ministry of Internal Affairs of Russia on transport it has been barred over 240 administrative правонарушений226. Obrat ™ attention, that in structure of administrative compulsion measures of the administrative prevention, a measure administrative are involved preseche -

2 2 6 Conditions of criminality and the basic results of operatively-office activity of territorial bodies of the Ministry of Internal Affairs of Russia on transport in 2016

nija, measures of maintenance of manufacture on affairs about administrative violations, and also administrative punishments. Each of the designated measures carries out especially individual function, and in the set they are directed on maintenance of transport safety. Otm¾tim, that police as one of the most universal subjects of maintenance of transport safety, realises all set of measures of administrative compulsion. Use of each measure of administrative compulsion has the material and remedial bases.

Despite importance of legal aspect in business of realisation of measures of administrative compulsion in sphere of maintenance of transport safety, not less important role play administratively-mean compulsory influence. In our opinion, for maintenance of transport safety it is necessary to use set legal and means of compulsory influence. It is caused by features of transport and the transport infrastructure which are system of means which use can represent the big danger to ability to live of citizens. Thus, in system of administrative compulsion for maintenance of transport safety it is possible allocate group of measures of is administrative-technical character. The purpose of the designated measures - revealing of malfunctions in work of transport and a transport complex, and also timely reaction to made offences in which maintenance there is tehnich eskaja a component.

Measures of is administrative-remedial maintenance are specified in article 27.1 KoAP of the Russian Federation. They represent ways and means of maintenance of conditions for an establishment of the person of the infringer, executing a process-verbal about administrative violation, maintenance of a timely and correct legal investigation about administrative violation and executions of the decision accepted on business. These measures have is administrative-remedial character, and the majority of them has the direct relation to transport safety n is applied by police in interaction with corresponding security services at its maintenance. Them concern: dostavlenie; administrative detention; personal inspection, examination of the things which are at a physical lead; survey belonging to a legal lead or the businessman of premises, territories n things being there n documents; vehicle examination; withdrawal of things n documents; Discharge from upravlennja a vehicle, survey on a condition of alcoholic intoxication n physical examination on state of drunkenness; vehicle detention; arrest of the goods, vehicles n other things; arrest of the vessel delivered in port of the Russian Federation; a drive; a temporary interdiction of activity; pledge for the arrested vessel; a premise in special establishments of foreign subjects or the stateless persons who are coming under to administrative exclusion for limits of the Russian Federation.

Investigating general-theoretical aspects of realisation of measures of is administrative-remedial maintenance, N.V.Makarejko notices, that «allocation as a separate kind of the state compulsion of remedial maintenance is more exception, than a rule. So, A.V.Malko, speaking about measures of remedial compulsion (the recognisance not to leave, detention n etc.), ranks them as a preventive punishment, excepting their independent role in administrative-legal mechanism. It is obvious, that the given coercive measures of remedial character bear in themselves essential presekatelnyj potential. However to reduce them only to a preventive punishment mismatches the validity as in some cases they pursue the aims of creation of conditions for consideration of concrete legal business, executions of the made decision on business, that is act obja -

zatelnymi conditions of realisation of administrative responsibility and protective measures »227,

In point 4 of a part of 1 article 1.3, KoAP the Russian Federation the procedure establishment on affairs about administrative violations, including an establishment of measures of remedial maintenance is directly defined, that, enters into terms of reference of the Russian Federation, and the unique act of the federal legislation for administrative violations is KoAP the Russian Federation. In this connection the edition of other acts defining any other measures of maintenance, is not supposed, and specified in KoAP the Russian Federation the list of measures of maintenance of manufacture on affairs about administrative violations is окончательным228.

Occupying intermediate position between measures of administrative suppression and measures of administrative responsibility, they, on the one hand, are a consequence of application of a preventive punishment, on the other hand, they ¾st the precondition of appointment of administrative punishment as without observance of an is administrative-remedial order of attraction of the person to administrative responsibility appointment of the most administrative punishment is impossible. The punitive measure also in many respects depends on result of application of measures of is administrative-remedial maintenance. For example, the subjects forbidden to transportation and substances can a life are found out only at their examination and withdrawal, the same concerns infringements of rules of transportation of hand luggage, luggage and gruzobagazha. Executing a process-verbal about administrative violation occurs, as a rule, at administrative detention of the infringer and at impossibility of executing a process-verbal on a place, after dostavlenija it in a linear department of the Ministry of Internal Affairs of Russia on

2 2 7 See: Makarejko N.V.measure of is administrative-remedial maintenance as the form of administrative compulsion//V¾stnik the Nizhniy Novgorod academy of the Ministry of Internal Affairs of Russia. - 2011, - № 3, - with, 150.

2 2 8 See: Farafonova M.V.Predpisanie as a measure of maintenance of manufacture on affairs about administrative violations//Altay legal v¾stnik. - 2016, - №2. - With, 77,

Transport. The report dostavlenija also is constituted according to article 27.2 KoAP of the Russian Federation.

However, as fairly approves a number of researchers, «executing a process-verbal about application of a measure of maintenance of manufacture on business - the intermediate stage which executing a process-verbal about administrative violation» 229 follows.

At the same time, the report dostavlenija is, in our opinion, the direct evidence of legality of application of the given measure of maintenance of manufacture on administrative business, therefore should be constituted the employee of transport police as much as possible competently and in detail.

«Compulsory character dostavlenija, - writes J.P.Solov¾j, - consists that the citizen cannot evade from following in specified to it the employee of police a place because of threat of approach of administrative responsibility under article. 19.3 KoAP the Russian Federation and application by the employee of police of physical strength and even special means for overcoming of its possible counteraction» 230.

By consideration of administrative affairs by judges physical examination on state of drunkenness, arrest of vehicles, a temporary interdiction of activity on realisation of transportations frequently is required. The police accepts the most active participation in application practically all above-stated measures of is administrative-remedial maintenance at realisation of actions for maintenance of transport safety, at the prevention and suppression of the administrative violations made on objects of railway, water and air transport.

2 2 9 See: Nizametdinov A.M.; potapenkova I.V.problem aspects in administrative-jurisdiktsionnoj activity of law-enforcement bodies (police)//V¾stnik economic safety. - 2016. - № 2. - with. 178.

2 3 0 See: Solov¾j J.P.Dostavlenie of citizens in police as the measure of the state compulsion provided FZ «About police»//V¾stnik the South Ural state university. A series: the Right. - 2012. - № 7. - with. 106.

Thus, «measures of is administrative-remedial maintenance act as effective means of removal of obstacles for ways to the fullest, objective and all-round permission of affairs» 231.

At application of the given measures it is important to employees of transport police to observe the rights and legitimate interests of infringers of transport safety, character and degree of the social danger of perfect acts, the person guilty, the circumstances aggravating and commuting administrative punishment. They should inspire respect for the work on maintenance of transport safety both to infringers, and to casually appeared on a place of fulfilment of administrative violation to persons. Therefore to carry out the activity policemen should in strict conformity with the law, apply measures of maintenance of manufacture on affairs about administrative violations in established by chapter 27 KoAP of the Russian Federation a remedial order in which the order of application of each measure is accurately regulated. So, for example, the order of application of physical examination on state of drunkenness (the persons who are on objects of railway, water and air transport in a condition of alcoholic, narcotic or toxic intoxication sometimes represent serious threat of transport safety as can provoke the conflict both to passengers, and to members of crew) is in details established by article. 27.12.1 KoAP the Russian Federation.

In particular, about a direction on physical examination on state of drunkenness the corresponding process-verbal which copy is handed over to the person in which relation the given measure of maintenance of manufacture on administrative business is applied should be executed. In this report, the direction bases date, time, a place are specified in physical examination, a post, a surname and the initials of the person who have executed the process-verbal, data on the person in which relation the given measure is applied

231 See: Grishakov A.G.; Fedjaev E.A.measure of administrative compulsion in police activity//the Bulletin of the Barnaul juristic institution of the Ministry of Internal Affairs of Russia. - 2012. - № 2. - with. 24.

Maintenance. The report subscribes the official, its constituted (in our case the employee of transport police), and the person in which relation the given measure of maintenance is applied. In default the infringer from report signing in it corresponding entry is made. The physical examination certificate on state of drunkenness is applied on corresponding report. The copy of the certificate of physical examination on state of drunkenness is handed over to the person in which relation it has been constituted. All these actions are made by the employee of transport police in as much as possible polite and reserved form even at immoral behaviour of the infringer at application of such measures. It considerably raises trust to police and authority of police on eyes both infringers, and eyewitnesses of an offence.

Employees of transport police in interaction with the divisions which are carrying out transport safety, often enough apply such measure of maintenance of manufacture on business about administrative violation, as examination. As fairly specifies N.A.Ryabinin, «... The actual bases for examination realisation can become:

Detection by officials, competent to constitute reports on administrative violations, the sufficient data specifying in presence of event of administrative violation;

Arrived from law-enforcement and other state or municipal bodies, from public associations and the organisations the materials containing sufficient data, specifying in presence of the fact of administrative violation;

Statements and messages physical and legal bodies, and also the message in the mass media, the containing sufficient it is given -

iye, specifying in presence of the fact administrative

232

Offences ».

Meanwhile, at maintenance of safety of traffic with employees of the State traffic inspectorate of the Ministry of Internal Affairs of Russia such kind of examination, as examination of vehicles is even more often applied. Investigating features of application of examination of vehicles employees of police, A.JU.Fomitchyov writes, that «... For examination of vehicles it is necessary to recognise as the bases: first, presence sufficient given to believe, that in a vehicle, transportable cargo, the trailer, things there are tools of fulfilment or administrative violation subjects. Besides, the examination basis presence in actions of the driver, passengers of vehicles, other persons of signs of the made or committed crime or administrative violation can be. Besides it the author designated above believes, that as the examination basis sufficient data specifying, that in vehicles, the trailer, transported cargo, things there is a weapon, and also subjects and substances with which help the death or heavy harm to health »233 can be caused can serve.

Unfortunately, in practice at application as measures of administrative suppression, and measures of is administrative-remedial maintenance there are many law-breakings from separate employees of police. It is roughness from the party otelnyh employees of police and workers of security services to infringers of requirements of transport safety. A consequence of it is the considerable number жалоб234. Besides, take place

2 3 2 See: Rjabiiii N.A.examination as a measure of maintenance of manufacture on business about administrative violation.//the Bulletin of Siberian juristic institution FSKN of Russia. - 2015. - № 3. - with. 36.

2 3 3 See: Fomitchyov A.JU.feature of application of examination of vehicles by employees of police//the Science and practice. - 2016. - № 4. - with. 100.

2 3 4 it is underlined separate aspects of the designated problem in the letter of the State Office of Public Prosecutor of Russia from February, 27th, 2004 № 36-12-2004 «About Methodical recommendations on orgaiizatsii works of Office of Public Prosecutor on iadzoru behind execution of the legislation on administrative violations», and also in the order of the State Office of Public Prosecutor of Russia from 19 fevra - cases of illegal and unreasonable application by employees of police of the physical strength, special means in infringement specified in the Federal act «About police» to the bases.

Other actual problem of maintenance with police of transport safety on objects of railway, water and air transport is default or incomplete execution by employees of police at application of measures of administrative suppression of measures of remedial maintenance.

Thus, on the basis of the above-stated it is possible to make some conclusions and generalisations:

1. Measures of administrative compulsion in the mechanism of maintenance with police of transport safety play a key role as normal functioning of all transport complex, safety of functioning of objects of a transport infrastructure and vehicles in many respects depends on completeness and quality of their realisation.

2. At all importance and package approach to application by police at maintenance of transport safety of all above-stated kinds of measures of administrative compulsion, the greatest role in the mechanism of maintenance of transport safety play administrativnopredupreditelnye the measures which main objective is bar of claim by lapse of time of the fact of fulfilment of certificates of illegal intervention in activity of a transport complex. Application of other statutory measures of administrative compulsion frequently testifies about insufficiently full and effective realisation by employees of police, and also the divisions which are carrying out transport safety, is administrative-precautionary means.

3. With a view of more effective performance by employees of police of the problems and functions at application of measures administrative prinuzhde -

lja 2015 № 78 «About the work organisation on realisation of powers of the public prosecutor in manufacture on affairs about administrative violations».

nija on objects of a transport infrastructure, and also in salons of vehicles, regular monitoring procedure behind their work from a management of linear departments and managements of the Ministry of Internal Affairs of Russia on transport is necessary.

4. At application by employees, police of the physical strength, special means, and fire-arms. With a view of detention of the offender should be considered the operative conditions, limited. Space. And a finding near to the infringer. Objects of transport of casual persons which can suffer, in communication, with what application of some. Special means and organic. The weapon should occur in unusual cases and to minimisation. Harm to extraneous subjects.

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A source: Ziganshin Marat Muhamethanovich. Is administrative-legal regulation of activity of police on maintenance of transport safety. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

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More on topic § 4. Measures of administrative compulsion, are applied by police in the mechanism of maintenance of transport safety:

  1. CHAPTER 1. MEASURES OF MAINTENANCE OF MANUFACTURE ON AFFAIRS ABOUT ADMINISTRATIVE VIOLATIONS IN SYSTEM OF MEASURES OF THE ADMINISTRATIVE COMPULSION APPLIED BY EMPLOYEES OF POLICE
  2. § 1. System of measures of the administrative compulsion applied Employees of police
  3. Concept, the maintenance and kinds of measures of the administrative compulsion applied to legal bodies in sphere of licensing
  4. § 2. Is administrative-legal means of maintenance with police of transport safety
  5. § 1. Elements of administratively-legal mechanism regulation of activity of police on maintenance of transport safety
  6. the measures of administrative compulsion applied to not state organisations for administrative violations
  7. the measures of administrative compulsion applied concerning not state organisations in connection with an offence
  8. concept and kinds of measures of the administrative compulsion applied to foreign subjects and stateless persons
  9. the measures of administrative compulsion applied To not state organisations in the absence of an offence
  10. § 7.1. Classification of measures of the administrative compulsion applied concerning not state organisations
  11. CHAPTER 1. THE GENERAL CHARACTERISTIC OF MEASURES OF THE ADMINISTRATIVE COMPULSION APPLIED TO FOREIGN SUBJECTS AND TO STATELESS PERSONS IN CONNECTION WITH FULFILLMENT OF ADMINISTRATIVE VIOLATIONS
  12. the Chapter II. CONSTRUCTIVE ASPECTS OF ADMINISTRATIVELY-LEGAL MECHANISM REGULATION OF ACTIVITY OF POLICE ON MAINTENANCE OF TRANSPORT SAFETY
  13. § 7.2. The characteristic of measures of the administrative compulsion applied to not state organisations
  14. MAKAREIKO Nikolay Vladimirovich. the STATE COMPULSION In the MECHANISM of MAINTENANCE of ECONOMIC SAFETY: THEORETICAL And APPLIED PROBLEMS. The dissertation on competition of a scientific degree of the doctor of juridical science. Nizhni Novgorod - 2016, 2016
  15. rather-legal characteristic of measures of the administrative compulsion applied on a delictual basis to foreign subjects And to stateless persons, under the legislation of the Russian Federation and the near abroad states
  16. § 5. Ways of perfection of activity of police on maintenance of transport safety
  17. § 3. Principles of activity of police on maintenance of transport safety
  18. § 3. Mission of measures of maintenance of manufacture on affairs about the administrative violations encroaching on a public order and the public safety, and guarantees of the rights of citizens during their application by employees of police