Law enforcement practice of addressing administrative lawsuits for temporary restriction to exercise a special right
E.R. Labashova
Central Administrative Failure Department of the Road Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Republic of Tatarstan, Kazan, 420059 Russia
E-mail: elabashova@mvd.ru
Received January 29, 2021
ORIGINAL ARTICLE
DOI: 10.26907/2541-7738.2021.2.76-85
For citation: Labashova E.R. Law enforcement practice of addressing administrative lawsuits for temporary restriction to exercise a special right. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2021, vol. 163, no. 2, pp. 76–85. doi: 10.26907/2541-7738.2021.2.76-85. (In Russian)
Abstract
In this article, the problem of compulsory enforcement of the court judgments in cases of administrative offenses in the field of road safety against debtors, both physical entities and private entrepreneurs, is discussed. In accordance with the existing law “On enforcement proceedings”, there are several ways to forcibly claim fines for traffic violations. One of them is withdrawing money from the debtor’s account, which is prompt and most effective. It assumes arranging periodic payments from the debtor’s account and other income. Nevertheless, it is often impossible to recover such receivables from persons evading the enforcement of the administrative court sentence. To prevent this negative phenomenon, a temporary restriction on the exercise of the special right can be used, i.e., suspending the special right to drive vehicles until the full compliance with the executive document is achieved or the grounds for cancellation of this restriction appear. Here, the mechanism of this procedure is discussed in detail and can be defined as the most effective tool for the execution of certain enforcement documents.
Keywords: enforcement proceedings, fine, physical entity, private entrepreneur, incentives, execution of punishment
References
- Tsechoev V.K., Shvanderova A.R. Teoriya gosudarstva i prava [Theory of State and Law]. Moscow, Prometei, 2017. 330 p. (In Russian)
- Bratanovskii S.N. Administrativnoe pravo [Administrative Law]. Moscow, DirectMedia, 2013. 920 p. (In Russian)
The content is available under the license Creative Commons Attribution 4.0 License.
