Author

IZINGER A.V.

Title of article

SOME PROBLEMS OF PROVING IN ADMINISTRATIVE PROCEEDINGSCONCERNING THE CASES PROVIDED BY ARTICLE 20.21 OF THE CODEOF ADMINISTRATIVE OFFENCES OF THE RUSSIAN FEDERATION

Section

Section 3. Administrative delictology

Issue, year

4 (46) 2018

Abstract

The article examines the issues related to proving the commission of such administrative offence as drunken appearance in public places. The problems of determining the state of alcohol intoxication, as well as the subjectivity in assessment of the offender’s state as insulting
human dignity and public morality, are considered. So, one of the main documents having evidentiary value when bringing the person to responsibility under the Article 20.21 of the Code of Administrative
Offences of the Russian Federation is the act of his (or her) medical examination for intoxication. In this regard, the current law enforcement practice of confirming the state of alcohol intoxication by
another kind of evidence in case the medical examination was not carried out for any reason seems controversial. The author of the article focuses on the impossibility of proving the guilt of a person in
case of his (or her) refusal to undergo a medical examination for intoxication. In this case, the validity of bringing him (or her) to responsibility for the deliberate failure to comply with the requirements of the official conducting the administrative proceedings or failure to obey the lawful order of a police officer is quite evident. It is proposed to make the appropriate amendments to Articles 20.21, 17.7, 27.12
of the Code of Administrative Offences of the Russian Federation.

Keywords

administrative offence; medical examination; state of alcohol intoxication; violating public morality; insult to human dignity.

References

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2006. 186 p.

2. Nikolaeva T.B. Presechenie i protsessual’noe oformlenie poyavleniya v obshchestvennyh mestah v sostoyanii op’yaneniya [Suppression and procedural registration of appearance in public places intoxicated]. Nauka. Mysl’ – Science. Think, 2017, no. 3-2, pp. 43-46.

3. Ravnyushkin A.V. Problema privlecheniya pravonarushiteley, imeyushchih priznaki op’yaneniya, k otvetstvennosti za otkaz ot prohozhdeniya meditsinskogo osvidetel’stvovaniya na sostoyanie op’yaneniya [The problem of bringing the offenders having the signs of intoxication to responsibility for refusal to undergo
medical examination for the state of being intoxicated]. Yuridicheskaya nauka i pravookhranitel’naya praktika – Legal science and law enforcement practice, 2018, no. 2 (44), pp. 26-32.