What are the legal innovations came in the new Code of Administrative Offences?

Valery Karbalevich "continued codification of Belarusian law. On March 1, shall enter into force two Code of Administrative Offences. They systematyzuyuts many legal acts in the field of administrative offenses. Municipal media for some reason all of the innovations brought only to the rules of traffic. What is the overall evaluation of these codes? "
Valentin Stefanovich: "On March 1, shall enter into force two codes: Code of Administrative Offences and The Code of Administrative Offences. Earlier these difficulties regulyavalv one code. Remembering these contradictory documents. On the one hand, almost all ordered and detailed. But there are things that can lead to deterioration, possible victims of these codes. "
Sergei Balykin: "Administrative law sought improvement. Because we hitherto guided, in fact, the Administrative Code of the Russian time with Russian anachronism. Summary unless the document — the continued ability to impose sanctions on citizens without trial. And in a democratic society to punish a person should only Tribunal. "
Karbalevich: "One gets the impression that these documents are made steps to strengthen the merciless punishment. Increased number of actions that the number of incidents. Currently administrative responsibility can carry and legal persons. Employment opportunities for officials in the preparation of reports of offenses. Greatest growing period of administrative arrest from 15 to 25 days. How do you comment on this? "
Stefanovic: "In the new codes have taken over many of the criminal law. And there were innovations which our administrative law did not understand. For example, suvdel administrative offenses, responsible for the preparation of an administrative offense, the administrative responsibility of legal persons.
Previously operated a rule that, if committed by a few administrative offenses takeaway greatest punishment under article for a more serious breach. The new code provides for rule making arrests — with the full amount of days should not exceed 20 May.
There is a danger that the police will now use this article for a long detention of political opponents. For example, if a person is detained for his role in an unauthorized protest, the police will immediately draw up reports on the two offenses. 2nd violation — disorderly conduct. And in this case, the person would be in danger 25 days of arrest. And this is a long-term imprisonment in the sense of administrative law.
There is still a letdown. Administrative detainees now forbidden to pass the parcel, parcels, not counting basic necessities, some clothes and shoes for the season. In other words, food parcels, which were previously taken now will not be accepted.
Increase in the number of articles providing administrative arrest. First, it concerns drivers. Provides for arrest for driving while intoxicated. Also constitute a large section of economic offenses. "
Balykin: "In the theory of administrative responsibility is a preventive measure before the criminal charges. Because expanding the ability for an administrative penalty — on the one hand, great. But we must bear the Belarusian law enforcement practices. Recent years we have observed a tendency to use more stringent punishment. And this trend can be seen in these codes. "
Karbalevich: "On the other hand, in this document, you can see the elements and humanization and liberalization legislation. Introduce the concept of the presumption of innocence. Possible to appeal against the decision of an administrative punishment. You can also take the help of a lawyer from the moment of detention, and of the report free of charge. How would you comment on these innovations? "
Stefanovic: "Indeed, in this sense, it can be noted progress. In ancient code was written that a lawyer can only be used during the proceedings before the court or other authority that has the right to impose a penalty. Although the Constitution (Article 62) guarantees every citizen the right to Belarus for legal aid without any restrictions. Because the new code simply aligned with the Constitution.
More detailed procedure for the institution of the administrative case. A new protocol of questioning as an analogue of the protocol of interrogation in the criminal law. Previously, all the readings were recorded in the ordinary protocol. Also at this time a copy of the administrative offense shall be issued to the violator hands.
As for the appeal of the administrative case. Earlier court rulings on administrative offenses could appeal solely for supervision. In other words, you could file a complaint to the chairman of a higher court or the prosecutor. But these regulations give legal force from the moment of sentencing.
Who provides the appeal procedure of appeal, including and judicial decisions. In other words, the person within 10 days may appeal the decision. And it can not enter into a legitimate force, until the complaint is considered. But it turns out that people will administrative detention according to the decision, which has not entered into a legitimate force. It seems that it is an occasion to consider this article Constitutional Tribunal. "
Balykin: "And earlier Tipo acted the presumption of innocence. Also previously could use the services of a lawyer — but for the money. Currently free. Designed But lawyer refers to his own business is not very honest. All depends on the practical implementation of these documents" .
Karbalevich: "That’s about the practical implementation. Currently administrative justice process is complicated and becomes longer, the load on the courts grow somewhere in the third or fourth part.
On the other hand, in a practical sense possible will implement these innovations? For example, a policeman stops a driver somewhere outside the city, in the field, wants to draw up a report on violations of rules. And he will claim lawyer. How to be here? "
Stefanovic: "Our judicial system does not change. And what it is — especially in relation to administrative law, we have seen excellent during the presidential campaign. Then there were mass preventive detention and falsification cases, the prosecution of opposition activists in a small hooliganism. ‘Cause I do not think that the courts will work differently with the adoption of these codes.
But the work of police officers more difficult. If the detained person will behave well, work towards the implementation of all procedures, I do not know how the police will come out of the situation. Since they are used do it rapidly. But huge illusions on this score I have. "
Balykin: "If a little distance from these codes and look at the situation more broadly, it may be noted in Belarus No profound democratic and legal traditions. There are none in the judicial system. "

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