INCREASING THE EFFECTIVENESS OF ADMINISTRATIVE PENALTIES AS A PREVENTION OF TRAFFIC OFFENSES

The article considers topical issues of the dynamics of growth of administrative tort in the field of road traffic. The official statistical data for the period from 2017 to 2024 are given. The established scientific approaches to understanding the effectiveness of measures of administrative responsibility and administrative punishment are analyzed. It is noted that legal phenomena related to administrative punishment (ways of imposing punishment, application, execution) in comparison with criminal punishment are studied in legal science clearly insufficiently, which reduces its effectiveness and “provokes” recidivism. This gap is designed to change a new, but actively developing scientific direction — administrative penology, which aims to rethink administrative punishment in a more extensive system of coordinates of educational impact on the offender. The author emphasizes that the effectiveness of administrative punishment in the field of road traffic depends not only on the content of administrative-tort sanctions, but also on their application and execution, which in the current practice, in fact, has been reduced to the execution of punitive function, while the key goal is preventive. Conclusions are made that administrative penology, based on the synthesis of law, sociology and psychology seeks to create such a model of administrative punishment (methods of appointment, application, execution), which would have an individual educational impact on administrative delinquent, perceived by both the delinquent himself and other persons, not only as fair and proportionate, but also creative — having as its goal the formation of persistent lawful behavior in road traffic conditions.

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Publication Details

Journal
LEGAL ORDER History Theory Practice
Published
2025-03-21
DOI
https://doi.org/10.47475/2311-696x-2025-44-1-50-56
Primary Topic
Transportation Systems and Infrastructure
Type
article
Field-Weighted Citation Impact
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article

INCREASING THE EFFECTIVENESS OF ADMINISTRATIVE PENALTIES AS A PREVENTION OF TRAFFIC OFFENSES

Sergey N. Shaklein
LEGAL ORDER History Theory Practice
Transportation Systems and Infrastructure
article

INCREASING THE EFFECTIVENESS OF ADMINISTRATIVE PENALTIES AS A PREVENTION OF TRAFFIC OFFENSES

Sergey N. Shaklein
article en

Abstract

The article considers topical issues of the dynamics of growth of administrative tort in the field of road traffic. The official statistical data for the period from 2017 to 2024 are given. The established scientific approaches to understanding the effectiveness of measures of administrative responsibility and administrative punishment are analyzed. It is noted that legal phenomena related to administrative punishment (ways of imposing punishment, application, execution) in comparison with criminal punishment are studied in legal science clearly insufficiently, which reduces its effectiveness and “provokes” recidivism. This gap is designed to change a new, but actively developing scientific direction — administrative penology, which aims to rethink administrative punishment in a more extensive system of coordinates of educational impact on the offender. The author emphasizes that the effectiveness of administrative punishment in the field of road traffic depends not only on the content of administrative-tort sanctions, but also on their application and execution, which in the current practice, in fact, has been reduced to the execution of punitive function, while the key goal is preventive. Conclusions are made that administrative penology, based on the synthesis of law, sociology and psychology seeks to create such a model of administrative punishment (methods of appointment, application, execution), which would have an individual educational impact on administrative delinquent, perceived by both the delinquent himself and other persons, not only as fair and proportionate, but also creative — having as its goal the formation of persistent lawful behavior in road traffic conditions.

LEGAL ORDER History Theory PracticeVol. 44(1)
Ministry of Internal Affairs of the Russian Federation (RU)
Openalex Percentile: Top 93%
Transportation Systems and Infrastructure
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