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Police and Investigative Activity
Reference:

Suppression by Police Officers of Offenses of Art. 19.3 of the Administrative Code

Astaf'ev Ivan Nikolaevich

ORCID: 0000-0002-7835-1746

Lecturer of the Department of Administrative Law and Administrative Activity of Internal Affairs Bodies of the Omsk Academy of the Ministry of Internal Affairs of Russia

644092, Russia, Omsk region, Omsk, Prospekt Komarova str., 7

ast_ivn@inbox.ru

DOI:

10.25136/2409-7810.2023.1.39427

EDN:

HYAPJA

Received:

16-12-2022


Published:

23-02-2023


Abstract: The study is devoted to the current state of administrative offenses provided in article. 19.3 The Administrative Code of the Russian Federation, from 2018 to 2022, identify the police units that most often suppress this type of administrative offences. The results of the study showed that the most frequent administrative offences provided for in Article. 19.3 The Administrative Code of Criminal Procedure of the Russian Federation is suppressed by officers of the patrol and sentry service of the police - 61 per cent of the total and district police officers - 30 per cent. From 2018 to 2022, there was an increase of 29% in administrative offenses intercepted by officers of patrol police and 8.6% - district police commissioners. The number of cases dismissed for lack of evidence or event of an offense varies between 0.52 and 0.77 per cent of the total number of decisions taken. The novelty of the study lies in obtaining up-to-date objective information about the status and dynamics of administrative offences provided for in Article. 19.3 The Code of Administrative Offences of the Russian Federation, which is punished by police officers, and those police units whose officers most often punish this type of administrative offence. Field of application: scientific research - actualization of the study of the composition of administrative offenses provided for in Article. 19.3 The Administrative Code of the Russian Federation is suppressed by members of patrol police units and district police commissioners, as well as the vocational training of police officers. Police officers' examination of the administrative offences provided for in article. 19.3 The Code of Administrative Offences and the decisions taken thereon by the judicial authorities will reduce the number of cases dismissed.


Keywords:

police, official activity, administrative and legal protection, disobedience, obstruction, suppression, administrative offense, compositions of administrative offenses, patrol and post service of the police, district police commissioners

This article is automatically translated. You can find original text of the article here.

According to Parts 3 and 4 of Article 30 of Federal Law No. 3-FZ of February 7, 2011 "On the Police", the legal requirements of a police officer are mandatory for citizens to fulfill. The official activity of a police officer is subject to administrative and legal protection. The definition of administrative and legal protection of the activities of employees of the internal affairs bodies was formulated by Yu.P. Solovey - "... administrative and legal protection of the activities of the police has as its content the establishment and implementation of administrative and legal norms defining the system of measures of restraint by the police of acts of counteraction to its activities, providing for responsibility for their commission" [1]. The current Code of Administrative Offences of the Russian Federation (hereinafter referred to as the Administrative Code of the Russian Federation) provides for norms that provide administrative and legal protection of the official activities of the police in the form of responsibility for committing administrative offences that directly or indirectly infringe on its activities. Such norms include: Part 1. Article 6.9; part 1.2 of Article 12.25; Article 12.26; Part 3 of Article 12.27; Article 17.7; part 1, 1.1 of Article 19.3; Article 19.24; Article 19.35; part 2 of Article 20.1; Part 5 of Article 20.2; Part 4.2 of Article 20.8; Article 20.25 Administrative Code of the Russian Federation.

The absolute majority of the norms providing administrative and legal protection of police activities, except for Part 1 of Article 19.3 of the Administrative Code of the Russian Federation, have a descriptive disposition (i.e. they are special norms). The disposition of Part 1 of Article 19.3 of the Administrative Code of the Russian Federation has a simple form – there is no generalized description of the external manifestations of administrative offenses - the actions (inactions) of the offender. Thus, the composition of the administrative offense provided for in Part 1 of Article 19.3 of the Administrative Code of the Russian Federation determines the failure to fulfill the duties assigned to citizens and officials of Part 3, 4 of Article 30 of the Federal Law "On Police", which violate the rights of the police (Article 13 of the Federal Law "On Police" dated 07.02.2011 No. 3-FZ"), but are not contained in the relevant special norms of the Administrative Code of the Russian Federation.

Thus, there is a problem of qualification of an administrative offense provided for in Part 1 of Article 19.3 of the Administrative Code of the Russian Federation - failure to comply with legal orders or requirements of police officers, as well as obstruction of their official duties. Stroeva O.A. believes that this is due to a number of reasons. Firstly, the variety of ways in which disobedience and obstruction of the performance of official duties by a police officer can be expressed. Secondly, there is a conflict between special norms and the general norm providing for liability for failure to comply with the legal requirements of a police officer. Thirdly, the problem of qualification requires the study of modern judicial practice of consideration of administrative cases under Article 19.3 of the Administrative Code of the Russian Federation [2].

Earlier, we conducted research on the current state of administrative and legal protection of police activities [3].  A list of relevant administrative and legal norms has been determined and the application of these norms by police officers has been monitored. The increase in the number of administrative offenses provided for in Article 19.3 of the Administrative Code of the Russian Federation is shown. This study is devoted to the study of which police units most often stop this type of administrative offenses and what decisions are taken by judicial authorities when considering cases of this type of administrative offenses. The obtained scientific data will allow us to narrow down the range of issues under study.

The results of the study in the form of statistical analysis of data on the number of administrative offenses suppressed by employees of various police departments under Article 19.3 of the Administrative Code of the Russian Federation are presented in Tables 1, 2 and Figure 1.

From 2018 to 2022, the number of administrative offenses stopped by police officers under Part 1 of Article 19.3 of the Administrative Code of the Russian Federation increased by 18% – from 62,874 cases in 2018 to 74,339 cases in 2022[1]. Most often, this type of administrative offense was stopped by district police officers - 61.1% of cases; police patrol officers - 29.6% of cases; officers of duty units - 2.7% of cases (Table 1).

 

Table 1

Suppression of administrative offenses provided for in Part 1 of Article 19.3 of the Administrative Code of the Russian Federation by employees of various divisions of internal affairs bodies from 2018 to 2022

 

Divisions of internal affairs bodiesThe number of suppressed administrative offenses under Part 1 of Article 19.3 of the Administrative Code of the Russian Federation

in 2018-2021

Growth in %

Average share among all services,

in %

20182019

2020

2021

2022

Total

62874

64832

69139

72722

74339

18,2Including divisions:

 

 

 

 

 

 

 

 

duty units

1808

1839

1912

1866

1638

-9,4

2,7

district police commissioners

19226

18988

20146

20775

20872

8,629,6

for minors

787

657

741

776

832

5,7

1,1

administrative supervision

84

74

86

92

121

44,0

0,1

patrol and post service of the police

36108

38721

41277

44431

46616

29,161,1

execution of administrative legislation

445

389

450

358

451

1,3

0,6

Traffic police

1602

1055

1708

1228

0

-100,0

1,7

migration

0

0

0

0

0

 

0,0

inquiry

12

9

5

12

10

-16,7

0,0

criminal investigation

1081

1094

1226

1316

1459

35,0

1,8

economic security and anti-corruption

45

77

55

75

47

4,4

0,1

on drug control

923

875

920

847

 

-100,0

1,1

inspection units

33

89

94

213

 

-100,0

0,1

counter-extremism units

       

18

 

0,0

 

There was an increase in the number of suppressed administrative offenses under Part 1 of Article 19.3 of the Administrative Code of the Russian Federation:

by patrol police officers - by 29,1,7% (from 36,108 in 2018 to 46,616 in 2022);

by district police commissioners – by 8.6% (from 19.226 in 2018 to 20.872 in 2022);

employees of police duty units – by 2.7% (from 1.808 in 2018 to 1.870 in 2021).

Employees of other police units suppressed administrative offenses provided for in Part. Article 19.3 of the Administrative Code of the Russian Federation, in small numbers.

In 2022, there was a sharp decrease in the number of suppressed administrative offenses under Part 1 of Article 19.3 of the Administrative Code of the Russian Federation by traffic police officers from 1,602 in 2018 to 0 in 2022.

 

The number of administrative offenses suppressed by police officers under Part 1.1 of Article 19.3 of the Administrative Code of the Russian Federation (disobedience to a lawful order or request of an official of the internal affairs bodies authorized to exercise functions of control and supervision in the field of migration, in connection with the performance of their official duties or obstruction of the performance of their official duties), increased from 30 cases in 2018, up to 105 cases in 2022. This type of administrative offense was suppressed in 82.1% of cases by district police officers; in 5.5% of cases – by police patrol officers; in 2.0% of cases - by employees of anti-extremism units, in 1.7% of cases – by employees of administrative law enforcement units.

 

The results of decision-making by judicial authorities in cases of administrative offenses provided for in Article 19.3 of the Administrative Code of the Russian Federation are presented in Table 2.

 

Table 2

Judicial decision-making on cases

on administrative offences provided for by

Article 19.3 of the Administrative Code of the Russian Federation, from 2018 to 2022

 

Decisions takenNumber of decisions made by judicial authorities in 2018 – 2022

Growth in %

2018

2019

2020

2021

2022

The number of decisions taken in accordance with Article 23.1 of the Administrative Code of the Russian Federation

53836

56343

58091

63971

69439

22,5

Cases terminated 683

700

613

691

578

-18,2

including for the absence of the composition or event of the offense

415

432

357

419

362

-14,6

Administrative fine30388

30740

33276

34244

34538

12,0

the amount of the fine imposed, thousand rubles.

21015

21222

22643

56786

73464

71,4

the average value of the amount, thousand rubles.

0,692

0,690

0,680

1,658

2,1

67,5

Administrative arrest22676

24912

24180

28278

32263

29,7

1-5 days

18489

20281

19389

22782

25381

27,2

6-10 days

3398

3784

3862

4397

5356

36,6

More than 10 days

789

847

929

1099

1526

48,3

Oral remark (according to Article 2.9 of the Administrative Code of the Russian Federation)

31

14

34

51

25

-24,0

Mandatory work385

 

 

 

 

 

hours

 

 

 

 

17869

 

on average

 

 

 

 

46,4

 

 

From 2018 to 2022, there was a 22.5% increase in court decisions under Article 19.3 of the Administrative Code of the Russian Federation from the minimum value of 53.836 cases in 2018 to 69.439 cases in 2022.

The number of dismissed cases under Article 19.3 of the Administrative Code of the Russian Federation due to the absence of the composition or event of the offense decreased by 14.6% - from 415 cases in 2018 to 362 cases in 2022, which is 0.77-0.52% of the total number of decisions taken in accordance with Article 23.1 of the Administrative Code of the Russian Federation.

The penalties imposed by the court for administrative offenses under Article 19.3 of the Administrative Code of the Russian Federation from 2018 to 2022 have the following relative characteristics: "administrative fine" was imposed by the court in 51.4-57.9% of cases; "administrative arrest" in 42.1-48.0% of cases; "oral remark (Article 2.9 of the Administrative Code of the Russian Federation)" 0.0-0.1% of cases. Mandatory work was appointed by the court only in 2022 and accounted for 0.6% of cases (Figure 1).

 

The relative number (in %) of punishments imposed by the court for administrative offenses under Article 19.3 of the Administrative Code of the Russian Federation (from bottom to top - "administrative fine"; "administrative arrest"; "oral remark (according to Article 2.9 of the Administrative Code of the Russian Federation)"; "mandatory work") from 2018 to 2022

 

Administrative arrest from 1 to 5 days was ordered by the court in 79-82% of cases; from 6 to 10 days - in 15-17% of cases; over 10 days - in 3-5% of cases.

The average amount of an administrative fine imposed by the court increased by 67.5% - from 692 rubles in 2018 to 2.100 rubles in 2022.

 

ConclusionsFrom 2018 to 2022, the number of administrative offenses suppressed by police officers under Part 1 of Article 19.3 of the Administrative Code of the Russian Federation increased by 18%.

Among the police units, administrative offenses provided for in Part 1 of Article 19.3 of the Administrative Code of the Russian Federation are most often stopped by patrol police officers - 61.1% of the total number and district police officers – 29.6%.

Administrative offenses provided for in Part 1.1 of Article 19.3 of the Administrative Code of the Russian Federation are more often suppressed by district police commissioners - 82.1% of cases and police patrol officers - 5.5% of cases.

From 2018 to 2022, there was an increase in the number of administrative offenses under Part 1 of Article 19.3 of the Administrative Code of the Russian Federation, suppressed by patrol police officers - by 29.1% and district police officers – by 8.6%.

The number of cases terminated by judicial authorities under Article 19.3 of the Administrative Code of the Russian Federation for the absence of the composition or event of the offense in the period from 2018 to 2022 varied in the range of 0.77-0.52% of the total number of decisions made in accordance with Article 23.1 of the Administrative Code of the Russian Federation.

An increase in administrative offenses provided for in Article 19.3 of the Administrative Code of the Russian Federation may indicate a low efficiency of administrative punishment. In this regard, the prospects for further research should be the study of domestic and foreign experience in improving the effectiveness of administrative punishment.

The statistical data obtained indicate the need to conduct research on the study of the composition of administrative offenses provided for in Article 19.3 of the Administrative Code of the Russian Federation, suppressed by officers of the patrol and patrol service of the police and local police commissioners.

Knowledge of the composition of administrative offenses suppressed by police patrol officers and district police officers, the use of this knowledge in the professional training of these categories of employees, will increase the level of professional preparedness of employees - reduce the number of terminated cases by judicial authorities for the absence of the composition or event of the offense (Article 23.1 of the Administrative Code of the Russian Federation), as well as in view of the presence of circumstances, excluding proceedings in the case of an administrative offense (Article 24.5. of the Administrative Code of the Russian Federation).

[1] See: Information on the administrative practice of the internal affairs bodies of the Russian Federation. Form I-AP (577) Moscow: GIAC of the Ministry of Internal Affairs of Russia, 2018-2022.

References
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Peer Review

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The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "Suppression by employees of various police departments of administrative offenses provided for in Article 19.3 of the Administrative Code of the Russian Federation". The subject of the study. The article proposed for review is devoted to the issues of suppression "... by employees of various police departments of administrative offenses provided for in Article 19.3 of the Administrative Code of the Russian Federation." The author has chosen a special subject of research: the proposed issues are investigated from the point of view of administrative and police law, while the author notes that "The official activity of a police officer is subject to administrative and legal protection." NPAs relevant to the purpose of the study are being studied. A very small amount of scientific literature is also studied and summarized (3 titles, including his own work that has not yet been published – there is no data on this work on the journal's website) on the stated issues, there is no analysis and discussion with these opposing authors. At the same time, the author notes: "The absolute majority of the norms providing administrative and legal protection of police activities, except for Part 1 of Article 19.3 of the Administrative Code of the Russian Federation, have a descriptive disposition (i.e. they are special norms)." Research methodology. The purpose of the study is determined by the title and content of the work: "The disposition of Part 1. Article 19.3 of the Administrative Code of the Russian Federation has a simple form – it does not contain a generalized description of the external manifestations of administrative offenses - the actions (omissions) of the offender. ... the composition of the administrative offense provided for in Part 1 of Article 19.3 of the Administrative Code of the Russian Federation determines the failure to fulfill the duties assigned to citizens and officials of Parts 3, 4 of Article 30 of the Federal Law "On Police", which violate the rights of the police (Article 13 of the Federal Law "On Police" dated 07.02.2011 No. 3-FZ"), but they are not contained in the relevant special norms of the Administrative Code of the Russian Federation." They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of private scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis would make it possible to generalize approaches to the proposed topic and would influence the author's conclusions. But this is not the case. Statistical and special legal methods played the greatest role. In particular, the author used a formal legal method that allowed for the analysis and interpretation of the norms of Article 19.3 of the Administrative Code of the Russian Federation. In particular, the following conclusions are drawn: "This study is devoted to the study of which police units most often suppress this type of administrative offenses and what decisions are made by judicial authorities when considering cases of this type of administrative offenses," etc. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study some aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "... there is a problem of qualification of an administrative offense provided for in Part 1 of Article 19.3 of the Administrative Code of the Russian Federation - failure to comply with lawful orders or requirements of police officers, as well as obstruction of their official duties." And in fact, an analysis of the opponents' work should follow here, but it does not follow and the author shows the ability to master only statistical material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is clearly not traceable, but there is a certain practical orientation and a foundation for future research. It is expressed in the author's conclusions. Among them, for example, is the following: "Knowledge of the composition of administrative offenses suppressed by police patrol officers and district police officers, the use of this knowledge in the professional training of these categories of employees will increase the level of professional preparedness of employees ...". As can be seen, these and other "theoretical" conclusions can be used to some extent for further research. Thus, the materials of the article as presented may be of some interest to the scientific community and practitioners. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Police and Investigative activities", as it is devoted to the suppression of "... by employees of various police departments of administrative offenses provided for in Article 19.3 of the Administrative Code of the Russian Federation". The article contains very brief and insufficient analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author partially uses their materials, but does not discuss with opponents. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as incomplete. The subject, objectives, methodology, and research results follow directly from the text of the article, but there is no scientific novelty. The design of the work meets the requirements for this kind of work. Significant violations of these requirements: the lack of analysis of the works of numerous authors on this or close to this topic. Bibliography. The quality of the literature presented and used should be evaluated poorly. The presence of modern scientific literature would show the validity of the author's conclusions. The works of the above authors correspond to the research topic, but do not have a sign of sufficiency, do not contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author has not conducted a serious analysis of the current state of the problem under study. The author describes some points of view of only two opponents on the problem, argues for a more correct position in his opinion, based on the work of individual opponents, and offers solutions to individual problems. Conclusions, the interest of the readership. The conclusions are logical, practical "From 2018 to 2022, the number of administrative offenses suppressed by police officers under Part 1 of Article 19.3 of the Administrative Code of the Russian Federation increased by 18%.... An increase in administrative offenses provided for in Article 19.3 of the Administrative Code of the Russian Federation may indicate a low effectiveness of administrative punishment," etc. The article in this form may be of interest to the readership in terms of the presence of separate positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, "I recommend sending it for revision."