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Authors : 1. Tatyana Mikhailovna Sekretareva,
Judge Assistant, Counsellor of Justice of class 3
Yoshkar-Ola Municipal Court of Mari El Republic, Yoshkar-Ola, Russia
Means of determining the condition of insanity in administrative proceedings based on the court practice
Objective: in the absence in the Russian administrative legislation of the provisions on the procedure and the ways to detect the condition of insanity of a physical person who has committed an administrative wrongful act, there is a variety of law-enforcement acts for the resolution of these issues. In order to further systematize the enforcement acts for the resolution of these issues, we consider it necessary to assess the practical application of the provisions of Article 2.8 "Insanity" of the Administrative Code by the courts in different Russian regions.
Methods: the methodological basis of research is the general scientific dialectic method of cognition; the author used methods such as analysis, synthesis, description, explanation.
Results: the author has conducted an analysis of practice of application of the provisions of Article 2.8 "Insanity" of the Administrative Code by courts of the Russian Federation. On the basis of this analysis, it is found that courts use different methods of establishing the state of insanity of the person who committed the violation of the legislation on administrative offences. This is due to the fact that the courts base on a variety of actual data when establishing the state of insanity in the resolution of specific cases. These actual data were combined into 4 groups. Each method for establishing the state of insanity was evaluated, which allowed to conclude about the need to organize the actions of individuals, considering the cases on administrative offences, aimed at defining the state of insanity of the offender, and to offer one of the possible options for resolving the identified problems.
Scientific novelty: for the first time the analysis of practice of application of Article 2.8 "Insanity" of the Administrative Code was made and the author's assessment of its provisions is given.
Practical value: the results of the study can be used for the generalization of judicial practice at the level of the Supreme Court Plenum, which subsequently will ensure the unity and consistency of enforcement actions against persons with mental disorders in the Russian Federation.
Keywords :
Insanity; Compulsion; Offence; Offender; Enforcement act; Administrative Code of the Russian Federation; Court practice; Criminal law
Bibliography :
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2. Orlov, I.V. Nevmenyaemost' kak osvobozhdenie ot administrativnoi otvetstvennosti (Insanity as exoneration from administrative liability). Yurist, 2003, no. 1, pp. 23–26.
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Citation :
Sekretareva T.M. Means of determining the condition of insanity in administrative proceedings based on the court practice, Actual Problems of Economics and Law, 2015, no. 2, pp. 248–254.
Type of article : The scientific article
Date of receipt of the article :
03.03.2015
Date of adoption of the print :
16.04.2015
Date of online accommodation :
15.07.2015
