"About the features of the warning in administrative law"

Abstract

"This article discusses theoretical and practical issues in the field of imposing an administrative penalty in the form of a warning. The relevance of this article is explained by the widespread use of this type of administrative penalty, as well as by the fact that currently there are still unresolved issues regarding this type of penalty. First of all, this refers to the effectiveness of this method of punishment, taking into account the frequency of its use, as well as the mandatory use in certain cases. The moral or educational impact that forms the basis of the effectiveness of prevention can be defined as controversial, since the person guilty of an administrative offense. In a certain sense, it avoids real responsibility, since property rights or freedom of movement, for example, are not affected. The abstract moral aspect of this punishment, of course, is supported by additional legal consequences, but still, it makes you wonder if there is a need to «forgive for the first time», and not use other punishments. Therefore, the question arises about the need for this type of administrative penalty in the improving legislation of the Republic of Kazakhstan. It seems necessary to analyze the differences between administrative warning and the institution of insignificance. Keywords: administrative responsibility, recovery, offense, prevention, consequences."