☰ Contents · State and law

Administrative punishment and its types

Lessons 11 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
11

Administrative punishment and its types

Textbook: pp. 49–52
GoalExplain the aim and types of administrative punishment, the procedure for fines, and the bodies that hear administrative cases.
New words
fine · jarimaconfiscation · musodara qilishdeprivation of a special right · maxsus huquqdan mahrum etishadministrative arrest · ma’muriy qamoq
Explanation

Administrative punishment is a measure of liability applied to a person who committed an administrative offence; its aim is to educate the offender in the spirit of obeying and respecting the law and to prevent new offences by that person and by others. The types of punishment under the Code are: a fine; taking away an item with payment for it; confiscation of an item; deprivation of a special right (for example the right to drive or to hunt); administrative arrest; and administrative expulsion of a foreign citizen or stateless person from the country. Administrative arrest is the most severe measure, imposed only by a judge and for a short period (up to 15 days in normal conditions). The fine is the most common punishment: its amount is set in relation to the base calculated value (BHM), which the government adjusts from time to time; the time and manner of paying a fine are set by the Code, with separate periods for traffic offences recorded by automatic cameras. The fine of a 16–18-year-old with no independent income is collected from the parents or persons replacing them. Administrative cases are heard by judges for administrative cases, internal affairs bodies, fire-supervision bodies and other authorised bodies; the person has the right to give an explanation, to have a defender and to appeal the decision.

Worked examples
A driver was recorded by an automatic camera for speeding and fined. If the driver disagrees with the decision, they may appeal within the period set by law; if an appeal is filed, the payment period is counted in the manner the law specifies.
If a foreign citizen repeatedly breaks residence rules, one liability measure may be expulsion from the country by court decision. This type of punishment applies only to foreign citizens and stateless persons, not to citizens of Uzbekistan.
Class activity

“Choose the punishment” game: 6 simplified cards (a public-place violation, a driving right, a hunting rule and so on). Teams decide the type of punishment, who imposes it and its aim; the class checks against the list in the Code.

Practice
1
What is the aim of administrative punishment?
2
Name at least four types of administrative punishment.
3
A 16-year-old is fined for an administrative offence and has no independent income. From whom is the fine collected?
4
Why is administrative arrest imposed only by a judge?