CHARACTERIZATION OF THE SPECIFIC FEATURES OF ADMINISTRATIVE DETENTION AND ADMINISTRATIVE EXPULSION SANCTIONS

Abstract

This paper provides a comprehensive scholarly analysis of the theoretical foundations, enforcement mechanisms, and constitutional dimensions of administrative detention and administrative expulsion. Evaluating these sanctions through the prism of the principle of humanism, the study examines the strict statutory exemptions applicable to socially vulnerable populations and evaluates the long-term legal ramifications of expulsion on an individual's subsequent legal status. A significant focus is placed on the conceptual and procedural differentiation between administrative expulsion, deportation, and readmission—three distinct legal processes whose practical conflation impedes legislative transparency. Furthermore, the paper addresses a critical constitutional-legal lacuna regarding the absolute prohibition of the expulsion of a state’s own citizens, emphasizing the need for explicit constitutional alignment with universally recognized norms of international law. To resolve these theoretical and practical challenges, the author advocates for expanding statutory exemptions, introducing alternative sanctions such as monetary fines or social sponsorship for legally resident foreign nationals with minor citizen children, and establishing a strict legal differentiation between judicial expulsion and executive deportation mechanisms.