PROCEDURAL DOCUMENTS DESIGN PROBLEMS IN ADMINISTRATIVE CASE TO OFFICIALS OF THE STATE BORDER GUARD

Open Access

Abstract

In the paper, the main problems and conflicts that arise and could arise in the administrative cases are reflected, including various procedural documents. The authors describe the main problems in the work of State Border Guard employees in drafting administrative protocols of offenses, administrative detention protocols, inspection protocols, accepting explanatory persons, explaining human rights. The paper also identifies the main factors, why the State Border Guard has a relatively high percentage of appealed procedural documents. The article compares some of the norms of the Latvian Code of Administrative Offenses and some provisions of the Constitution which, in the opinion of the authors, are contradictory. These norms relate directly to the administrative detention of persons and the free movement of persons. The work is mainly based on the problems related to the completion of procedural documents that are ascertained by interviewing employees of the State Border Guard, who are directly involved in the review of administrative cases.