PROSPECTS FOR THE APPLICATION OF AN ADMINISTRATIVE WARNING PENALTY WHEN CONSIDERING CASES OF ADMINISTRATIVE OFFENSES

Abstract

The article is devoted to the most important issues in the practice of applying the penalty of an administrative warning by customs and other bodies when considering cases of administrative offenses. The author touched upon the theoretical and practical issues of administrative punishment, its liberalization, and the system of applying administrative penalty for administrative offenses, the insignificance of the committed administrative offense, and the powers of the official of the body considering cases of administrative offenses. The Code of Administrative Offenses of the Russian Federation and the Code of Administrative Offenses of the Republic of Kazakhstan were also studied. When applying a warning penalty in cases of administrative offenses in the customs sphere, the court, when determining the measure and type of administrative penalty for a specific administrative offense, is guided by the general rules for applying administrative penalties, taking into account the personality of the offender, the degree of his guilt, his financial situation, and mitigating and aggravating circumstances. The author put forward a number of practical proposals and recommendations in this regard, emphasizing the effective aspects of introducing into the legislation the application of a warning punishment not only by the court, but also by officials of other bodies considering administrative cases.