Запреты пропускного режима ЗАТО: «НАРУШЕНИЯ И НАКАЗАНИЯ» в практике нормотворчества

Вестник Костромского государственного университета им. Н.А. Некрасова. 2016. Т. 22. № 4. С. 212–217.

Mikheeva I. V., Loginovа A.

The article is devoted to the closed administrative-territorial entity regime (CATE) promotion. Attention is paid to its important component – admission regime. Analysis of normative acts regulating the contents and procedures of implementation of the regime and the responsibility for its violation is presented. A number of debatable topics are offered. So, in municipal instructions ensuring the special regime in each CATE such means of legal technique as concretization and supplementation have being used. For each CATE  the concept of access control is defined differently. The list of restrictions (established in every CATE) the violation of which should entail the responsibility is different. Among the measures of administrative responsibility under the sanction of the Art. 20.19 and other articles of the Code of administrative offences, the instructions marked the violence measures that provided the established by the legislation responsibility for violation of the access regime in the. These violence measures may not be related to measures oа administrative, disciplinary or other form of legal responsibility allocated in the doctrine and legislation. The articles of the Code of administrative offences and the articles provided only by the municipal instructions coercive measures are combined into a single mechanism for the protection of the regime without taking into account the nature of the object and the subject of the offense. It blurs the contours of the composition of the administrative offense as the violation of the established by the legislation special regime in CATE. The conclusion is made about the need to bring clarity in the regulatory consolidation of the balance of "violation" of the prohibitions and “the punishment” for these violations. 

Keywords: пропускной режим, административная ответственность, administrative responsibility, ЗАТО, coercive measures, Closed administrative-territorial entity, admission regime, меры принуждения