Police administrative detention

Abstract

Relevance. The research relevance is predefined by the need to study the legal problems of police administrative detention and, subsequently, to create an effective administrative and legal regulation of this area. Purpose. The research aims to evaluate the legal situation in the field of legislative regulation of police use of administrative detention in the Republic of Kazakhstan and to develop recommendations for improvement of legislation in this area. Methodology. To reach the aims, such methods as dialectical, comparative-legal, method of induction and deduction, analysis and synthesis, and functional method were used. Results. The features of administrative-legal regulation of administrative detention in the Republic of Kazakhstan were revealed. The legal problems in the practice of administrative detention were analyzed. The term “administrative detention” is distinguished from the related legal terms such as “delivery”, “administrative arrest”, and “criminal law detention”. Scientific provisions for improving the legal regulation of the procedure for administrative detention have been formed. Examples of different countries in the field of legislative regulation of administrative detention have been analyzed. The need to detail in the administrative legislation the procedure for administrative detention, including regulating the mechanism of detention in special premises of persons without a fixed place of residence, with certain types of diseases, as well as the procedure for the detention of minors is highlighted. Conclusions. It is concluded that the introduction of round-the-clock video surveillance in the premises where detainees are held is of great importance for the protection of their rights. The importance of balancing the public interest in security with the individual's rights to liberty and the security person is highlighted in the use of administrative detention by the police. Recommendations for improving legislation, increasing the efficiency of the practice of administrative detention, as well as the effectiveness of protection of the rights of detainees have been developed. The research results develop administrative and legal science and contribute to solving practical issues regarding the application of administrative detention by police officers.