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The relevance of the article is due to the fact that not enough attention is being paid in the scientific and educational legal literature to the problems of administrative conviction, and therefore the questions about its main features and definition remain debatable. The purpose of the article is to find out the essence of administrative conviction. Systematic and historical approaches, methods of analysis and synthesis, comparative method, method of expert assessments were used in the process of realization of this goal. Informational basis of the article are literary sources, Code of Ukraine on Administrative Offenses, the law "On the National Police". An analysis of the first in the post-Soviet legal literature serious attempt to find out about the features of administrative persuasion has been made. As part of this analysis: 1) it has been shown that the provisions under which: a) the application of an administrative conviction is a monopoly of public authorities; b) administrative conviction is not linked to individual influence; 2) the contradiction between the Ukrainian legislation and the allegations in the legal literature has been pointed out, and it has been confirmed that the factual basis of the administrative conviction is always absent and that its application does not have a regulatory framework; 3) it has been suggested that under the current conditions the primacy of persuasion over coercion should be regarded not as a feature of administrative persuasion but as a desirable tendency for the development of this institution; 4) it has been considered as appropriate to include in the range of features of administrative conviction that: a) it is a universal method of public administration; b) subordination of its influence is voluntary; c) it is a means of preventing and averting an offense Criticism of the view that administrative conviction includes encouragement has been supported. It has been concluded that the administrative conviction is a universal method of public administration, which ...

The up to date legislations has gone that far, as they foresee the type and the length of conviction regarding each penal charge. However, this stage presents a specific development of public reaction against criminality, and its essence consists of a theoretical and practical engagement that individual conviction should be adjusted to the subjective attributes and qualities of the author who has committed the penal act. Analysing the background of this individualism, it was concluded that the aim of this engagement initially has been to avoid arbitraries and misuse, especially the violence of citizen's equality. Over the years and with the evolution of judicial-penal system through this individualisation, the misinterpretation expectation in determining the way of importance of the subjective -objective circumstances regarding the authors of the penal acts, in the completion of this misinterpreted element that legal individualisation contained was considered. Hence, the penal judicial science processed a formal -procedural theory which was known as judicial individualisation. This theory comprises of various laws which defines the basic criteria of the conviction terms; while the court based on each individual case as well as based on the mitigating and aggravating circumstances defines the type and the length of conviction even though this individualisation has as a main criteria, the penal culpability and responsibility of the author. Thus, this type of individualisation is not majorly supported. Such result probably has come as a consequence of the necessity of deep recognition of the author's personality who has committed the penal act by the side of the respective penal preceding authority based on the studied circumstances. Over time and actions, the basic conditions to issue a conviction, definitively in order to grant it the case evolution is that it will be laid in the execution space of the penal conviction. Precisely, for this execution to be in the spirit of the above mentioned individualisations, the practice had the need for the relative rationalisation in the framework of sentence suffering. This necessity has led to what is called the "administrative individualisation". This presents a sort of sentence individualisation by which the viewpoints in the penology literature is applied by the organs and the personnel of the entities, and the improving punishment institutions. This individualisation is narrower and has to do with the suitability of one's convicted personality during the time that he is suffering the sentence in such institutions. According to the criteria of penology science, this individualisation is being made on the basis of knowing the personality of the convicted person, on the observation basis and on the analytical study of the respective experts.

AbstractIt is well known that youth justice contact is associated with criminal conviction in adulthood. What is less well understood is whether 'cross-over' children, who have contact with both child welfare and youth justice systems, experience relatively worse outcomes and, if so, whether these outcomes vary by important demographic factors, such as sex and race. Criminal careers scholars have examined patterns of adult convictions for different groups, but attempts to understand intersectional variation in these outcomes have been constrained by limitations of standard statistical analysis. Using administrative data from the Queensland Cross-sector Research Collaboration, we adopt a flexible regression model specification to explore the cumulative effects of both child welfare and youth justice contact on adult conviction trajectories, and how these associations vary by sex and Indigenous status. We find clear evidence across all demographic groups that contact with both justice and welfare systems in childhood is associated with increased likelihood and severity of conviction trajectories in adulthood. The cumulative effect of cross-over status results in greater equity of negative outcomes across groups, although the conviction profile is worst for Indigenous men. Evidence of an additional inequality is present only for non-Indigenous women, who have the lowest likelihood of conviction overall. We conclude that while cross-over children are at elevated risk of conviction in adulthood, the nature and seriousness of their conviction pathways is conditional on pre-existing intersectional inequalities. The model specification used is a promising method by which to explore the existence of such inequalities.

Intro -- Acknowledgements -- Contents -- Table of Cases -- Table of Legislation -- Introduction -- Focus of the Book -- Structure of the Book -- PART I: EUROPEAN LAW -- 1. Expulsions in Light of EU Law -- I. Expulsions of EU Citizens, EEA and Swiss Nationals and their Family Members -- II. Expulsion of Turkish Nationals -- III. Third-country Nationals Covered by the Long-term Residence Directive -- IV. Other Groups of Third-country Nationals -- V. Summary and Conclusions -- 2. Expulsion in Light of the ECHR and the ECtHR's Case Law -- I. Binding and Non-binding Instruments -- II. Article 8 ECHR and the ECtHR's Case Law -- III. Interests of the Individual vs Interests of the State -- IV. Summary and Conclusions -- 3. The Charter of Fundamental Rights of the European Union -- I. Right to Respect for Private and Family Life and the Rights of the Child -- II. Protection in the Event of Removal, Expulsion or Extradition, Article 19 CFR -- III. The Right to an Effective Remedy and to a Fair Trial, Article 47 CFR -- IV. Concluding Remarks -- 4. Summary and Conclusions: Differences between the EU Level and the Council of Europe -- PART II: THE EFFECTS OF EUROPEAN LAW ON EXPULSION DECISIONS TAKEN AT THE NATIONAL LEVEL -- 5. Germany -- I. Introduction to the Concept of Expulsion Decisions in German Law -- II. The Abolished System of Expulsion (1990-2015) -- III. The New Provisions on Expulsion -- IV. Entry Ban -- V. Conclusions -- 6. The Netherlands -- I. The Legal Framework -- II. The Termination of Lawful Residence Following a Criminal Conviction -- III. Two Types of Entry Bans: Inreisverbod and Ongewenstverklaring -- IV. The Ongewenstverklaring, Article 67 Vw 2000 -- V. The Inreisverbod, Article 66a Vw 2000 -- VI. Intensity of Judicial Scrutiny: In-depth or Marginal Assessment? -- VII. The Rationale of the Sliding Scale.

"'The Margins of Discretion in Transnational Administrative Acts : Expulsion Decisions and Entry Bans Following a Criminal Conviction' analyses the legal rules governing the expulsion of delinquent foreigners through a comparative lens. The monograph begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany, the Netherlands and the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries' approaches to the topic at hand. Subsequently, the monograph adopts a horizontal perspective by focusing on the effects of national decisions on other states and, thereby, addresses transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. The resulting tensions call for solutions and recommendations, which are put forward in this book."--

Introduction -- Expulsions in light of EU Law -- Expulsion in light of the ECHR and the ECtHR's Case Law -- The Charter of Fundamental Rights of the European Union -- Summary and conclusions : differences between the EU level and the Council of Europe -- Germany -- The Netherlands -- The United Kingdom -- Comparison of Germany, the Netherlands and the United Kingdom -- Transnational Administrative Acts : the European effect of national expulsion decisions and entry bans -- National expulsion decisions and entry bans and their European dimension -- Options to remedy remaining divergences -- Final summary and conclusions.

This article outlines issues related to the institution of conviction. He also noted that there are shortcomings in the legislative norms in the republic for reasons of insufficient investigation of the state of conviction, completion of the state of conviction and removal of conviction. At the same time, suggestions and recommendations were made to improve the institution of conviction.

The administrative procedures relative to the certification process are clearly lacking … educators, individually and collectively, have made little effort to develop a coherent, rational, and fully implemented policy and procedure relative to felony convictions and certification.

"This book analyses the expulsion of delinquent foreigners and their exclusion from the territory through a comparative lens. The book begins with a vertical perspective, focusing on the effects of European standards on the law of expulsion and entry bans in Germany and the Netherlands, and the law regulating deportation from the United Kingdom. It explores how these countries use their margin of discretion, granted by European law, to solve the societal, political and legal challenges that are posed by delinquent foreigners. Moreover, it highlights the similarities, convergences and differences between these countries' approaches to the topic. Subsequently, the book adopts a horizontal perspective by focusing on the effects of national decisions on other states, thereby addressing transnational administrative acts. National expulsion decisions and entry bans can be given effect throughout European countries, with the consequence that other states are in principle obliged to enforce them by refusing foreigners access to their territory. This obligation arises despite the fact that expulsion decisions and entry bans are adopted on the basis of diverging national provisions. Even though the margin of discretion of national decision makers has already been limited, the remaining differences call for further recommendations, which are put forward in this book"--

Under federal legislation, if a person's conviction for a Commonwealth (or Territory) offence is more than ten years old, the person is not required to disclose to any person, the fact that the person has been charged with, or convicted of, the offence. Further, if a person's conviction of a State (or foreign) offence is more than ten years old, the person is not required to disclose to any Commonwealth authority in a State (or in a foreign country), the fact that the person has been charged with, or convicted of, the offence. Spent conviction rules are important to ensure that people are not tainted by the stigma associated with prior criminal conviction. Spent conviction provisions also ensure that people have behaved lawfully for a substantial period of time before they are able to resume full participation in society. Spent conviction laws also operate in State and Territory jurisdictions in Australia. The law governing spent convictions is particularly important to people seeking a federal professional licence, such as to be a tax agent, migration agent, or to provide credit services under federal law. It is important because applicants for these licences need to demonstrate that they are a "fit and proper person" to hold such a licence. A criminal conviction would ordinarily disqualify a person from complying with that requirement. This paper explores the operation of the spent convictions legislation in federal law. It is clear that federal legislation ensures that federal agencies cannot have regard to spent convictions when making a determination that a person is fit and proper. However it is equally clear that federal criminal law authorises appellate tribunals, such as the Administrative Appeals Tribunal, to have regard to any matter that they think is relevant when considering an appeal from an unsuccessful applicant, and, paradoxically, that can include a person's spent convictions. This anomalous position has been confirmed in a decision of the Federal Court and a decision of the Full Court of the ...

"The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?"--Bloomsbury Publishing