ADMINISTRATIVE ARREST AS A JUDICIAL ADMINISTRATIVE PUNISHMENT

Abstract

The purpose of the research. The article analyzes the concept of understanding administrative arrest as a type of judicial administrative punishment through the prism of the historical experience of the national model of public force. The purpose of the research is to analyze the development of legislation on administrative liability in relation to administrative arrest in retrospect in order to establish criteria for classifying administrative arrest as judicial administrative punishments and prospects for the application of this type of punishment. Results. As a result of the research, the authors come to the conclusion that the axiomatic nature of the modern perception of administrative arrest as a judicial administrative punishment is based on a long and logical path of development of legislation on administrative liability and the experience of the legislator's search for the optimal model of public force. The authors note that the basis for classifying administrative arrest as judicial administrative punishments is the criterion of limiting the personal constitutional rights of a person subjected to administrative punishment. Despite the discussion in the scientific community regarding the expediency of maintaining administrative arrest, the authors note the objective need of the legal system for this type of administrative punishment for the effective implementation of the administrative and protective function of the state, provided that the exceptional nature of its appointment is preserved.