ADMINISTRATIVE RESTRAINT MEASURES APPLIED AGAINST THE DISTRIBUTION OF EXTREMIST MATERIALS IN TRANSPORT VEHICLES: CONCEPT, CLASSIFICATION AND WAYS OF IMPROVEMENT
DOI:
https://doi.org/10.5281/Keywords:
administrative restraint measures, extremist materials, transport vehicle, spatial-temporal feature, carrier’s employee, on-board systems, Tokyo Convention, proportionality, two-level model, administrative coercion.Abstract
The article examines the legal nature, features and classification of administrative restraint measures applied against the distribution of extremist materials in transport vehicles. The supplementation of the traditional five features of administrative restraint measures with a sixth, specific to the transport environment – the spatial-temporal feature – is substantiated, and the author’s definition of the concept of these measures is developed. A five-group classification of restraint measures applied in the transport environment is proposed. The problem of the absence of an authorized subject in a moving vehicle is analyzed, and on the basis of the 1963 Tokyo Convention, the Air Code and the experience of foreign states, proposals are put forward on granting authorized employees of the carrier a closed range of powers, supplementing the Code on Administrative Liability with special interim measures, as well as on a two-level model and six principles for the application of restraint measures.
References
[1] Law of the Republic of Uzbekistan No. ZRU-407 of September 16, 2016 "On Internal Affairs Bodies." — URL: https://lex.uz/acts/3027843.
[2] Kisin, V.R. Measures of Administrative-Procedural Coercion Applied by the Militia. — Moscow: MVShM MVD SSSR, 1987.
[3] Ardashkin, V.D. On Coercion Under Soviet Law // Soviet State and Law. — 1970. — No. 7.
[4] Nazarov, K. Administrative Law. — Tashkent, 2004.
[5] Buryakov, V.N., German, Y.S., Lyakhov, A.V., & Shevchenko, I.V. Administrative Coercion: Study Guide.
[6] Bratanovsky, S.N. Administrative Law: Textbook. — Moscow: Direct-Media.
[7] Popov, L.L., Migachyov, Y.I., & Tikhomirov, S.V. Administrative Law of Russia: Textbook. — Moscow: Prospekt, 2016.
[8] Bakhrakh, D.N. Administrative Law of Russia: Textbook. — Moscow: Eksmo.
[9] Admiralova, I.A., & Kareeva-Popelkovskaya, K.A. Administrative Restraint Measures and the Mechanism of Their Implementation by the Police to Ensure the Rights and Freedoms of Citizens // Administrative and Municipal Law. — 2014. — No. 4. — Pp. 351–359.
[10] Annotated Dictionary of the Uzbek Language: In 5 volumes. — Tashkent: "O‘zbekiston milliy ensiklopediyasi" State Scientific Publishing House.
[11] Popov, L.L. Administrative Law of Russia: Textbook. — Moscow: Prospekt, 2016.
[12] United Nations Security Council Resolution 1624 (2005), 14 September 2005.
[13] United Nations Security Council Resolution 2341 (2017), 13 February 2017. S/RES/2341 (2017).
[14] Constitution of the Republic of Uzbekistan (as amended by the Referendum of April 30, 2023). — URL: https://lex.uz/docs/6445145.
[15] Law of the Republic of Uzbekistan No. ZRU-706 of August 9, 2021 "On Transport." — URL: https://lex.uz/docs/5563039.
[16] Regulation approved by Cabinet of Ministers Resolution No. 116 of March 18, 2023 (as amended by Resolution No. 314 of May 13, 2025). — URL: https://lex.uz/acts/6410844.
[17] Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo, 14 September 1963), with the 2014 Montreal Protocol.
[18] Air Code of the Republic of Uzbekistan. — URL: https://lex.uz/docs/55594.
[19] The Railway Byelaws made under section 219 of the Transport Act 2000. — London, 2005; as amended by The Railway Byelaws (Amendment) Regulations 2025, SI 2025/1258.
[20] Bundesverfassungsgericht, Judgment of February 22, 2011, 1 BvR 699/06 (Fraport); Bahnhofs-Hausordnung, Deutsche Bahn AG.
[21] Code of Administrative Responsibility of the Republic of Uzbekistan, September 22, 1994. — URL: https://lex.uz/docs/97664.
[22] Law of the Republic of Uzbekistan "On Anti-Corruption Expertise of Normative Legal Acts and Drafts Thereof." — URL: https://lex.uz/docs/6565564.
[23] Law of the Republic of Uzbekistan No. ZRU-457 of January 8, 2018 "On Administrative Procedures." — URL: https://lex.uz/docs/3492199.
[24] Lozbyakov, V.P., & Ovchinsky, S.S. Administrative-Legal Measures for Crime Prevention. — Moscow, 1978.
