Administrative coercion: problems of theory, legislation and practice

The paper deals with the mechanism of administrative coercion. The peculiarity of the article content is a system analysis of the problems of theoretical, normative-legal and empirical (law-enforcement) aspects. The author defines the essence of administrative coercion, based on the modern system of legislative regulation and practice of its application, which has developed since March 2020. The article explores various aspects of administrative coercion. It is pointed out that the knowledge of administrative-legal coercion is impossible without its consideration in interrelation with such categories as freedom, expediency, administrative responsibility. On the basis of the analysis of some coercive measures, applied in the conditions of pandemic, their legal assessment is given. Attention is drawn to the fact that in conditions of pandemic the measures of constraint which, according to their developers, fully conform to the requirements of the Federal law "About protection of the population and territories against emergencies of natural and technogenic character" were and are often taken. It is not so! This Federal Law defines the general organizational and legal norms in the field of population and territory protection from emergencies, its effect covers the relations arising in the process of activity of state authorities of the Russian Federation and subjects of the Russian Federation, local authorities, as well as organizations and population in the field of population and territory protection from emergencies. In the context of the epidemic, the debate about the balance between voluntary submission and coercion in the form of fear of responsibility has intensified. Under conditions of uncertainty and unpredictability of the situation, the reality of risks, the legal regulation should be oriented towards protecting the population, excluding compromises and exceptions, blanket norms. But always possible in such conditions situations when the state in order to protect citizens, applies coercive measures not based on the law, when they are forced to be established by the executive authorities. The author of article used following methods: system analysis, dialectical, logical, comparative-legal, analysis and synthesis, induction and deduction. As a result of the study conclusions were drawn that doctrine and practice convincingly prove that measures of administrative coercion should be formalized as much as possible. When the need arises to apply them, there is no time to discuss what measures, when, to what extent to apply. It is necessary to apply what is already there. When the situation returns to normal, the applied measures should be analysed and both the substantive norms and even more carefully the procedural norms should be improved. Provisions on executive authorities should include a mandatory section on "coercive measures applied by these authorities, grounds and procedure for their application".

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