Administrative-Procedural Instruments in the Mechanism for Ensuring the Rights of Citizens Subjected to Domestic Violence

. The subject of the research comprises administrative-law norms that formalize administrative-procedural instruments as methods and techniques aimed at realizing citizens’ rights to protection from domestic violence, as well as scholarly works of domestic and foreign researchers and empirical data. The purpose of the scholarly article is to develop a concept of administrative-procedural instruments—grounded in analysis and other research methods—both in general-theoretical and administrative terms and in their specific understanding through the prism of the legal mechanism for ensuring the rights of citizens subjected to domestic violence, and to offer scientifically substantiated conclusions on their significance for theory and practice. Achievement of this aim was made possible by solving the following tasks: defining the concept and essence of administrative-procedural instruments in their general-theoretical and administrative-managerial senses; developing a concept of the instruments of the mechanism under study, their types, and properties of application (based on the mechanism of legal liability). The methodological basis rests on universal principles of scientific cognition—objectivity, interconnectedness of phenomena and their characteristics, and the unity of theory and practice. The work employs principal theoretical methods (induction, deduction, analysis, and synthesis), which made it possible to analyze prior scholarly findings and to study normative legal acts and other sources on the topic. The formal-legal method facilitated the study of the concepts of legal and administrative-law instruments and their properties. The use of structural analysis made it possible to identify the types of administrative and procedural tools and to reveal the cyclical nature of their application. The principal scholarly results are: the development of the concept of administrative-procedural instruments, including those employed in the mechanism for ensuring the rights of citizens subjected to domestic violence; disclosing their types using as an example proceedings in cases of administrative offences under Article 6.1.1 of the Code of Administrative Offences of the Russian Federation (Battery) and other offences. The cyclical use of legal instruments in the mechanism of legal liability is also considered, and the presence of analogous cyclicality is noted in mechanisms counteracting offences committed in a number of social relations. These results made it possible to address the tasks set out in the article and to achieve its aim.

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