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The Use of the Official Warning Institute against Holders of Legal Immunities
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The Use of the Official Warning Institute against Holders of Legal Immunities
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.143
Publication type
Article
Status
Published
Authors
Dinar Amirov 
Occupation: Adviser, Federal Institute for Vocational Education
Affiliation: Federal Institute for Vocational Education
Address: Moscow, Russia
Sergei Ischenko
Occupation: Practicing Lawyer
Affiliation: -
Address: Moscow, Russia
Edition
Volume 27 No. 12
Pages
129-140
Abstract

The official warning institution acts as one of the effective measures for the prevention of offenses. Despite the wide coverage of the theoretical and applied aspects of its application, there is currently no research on the actual issue related to the possibility of implementing this institute in relation to a special category of persons who hold legal immunities.

Within the framework of the study, the legal nature of the official warning institution as a preventive measure is revealed through its characteristics such as the place that its application occupies in the system of powers of the relevant subjects of prevention, as well as the legal nature of the measure under consideration. Based on a systematic analysis of the current legislation, it has been established that the announcement of an official warning is not a measure of administrative coercion and does not imply the occurrence of legal consequences. The study of the legal nature of immunity from jurisdiction, implemented in Russian law and having an international legal and state-legal nature, showed that it is aimed not at establishing irresponsibility, but at protecting its holder from the use of coercive measures in connection with the latter's exercise of publicly significant functions.

Conclusion: the official warning, being a measure of prevention of offenses, does not affect immunity from the jurisdiction of the Russian Federation, provided for by both international and domestic law. Based on this, the absence of legal obstacles to the full use of the institution of an official warning against holders of legal immunities is justified.

Keywords
preventive measures, warning, immunity, jurisdiction
Date of publication
21.12.2023
Number of purchasers
8
Views
153
Readers community rating
0.0 (0 votes)
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Additional sources and materials

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