Concept, essence and types of measures of administrative-procedural coercion

Abstract

The subject of study in this work is administrative-procedural coercion as an institution of administrative process. The purpose of the study is to analyze the essential characteristics of measures of administrative-procedural coercion. The work states that administrative-procedural coercion is a form of administrative coercion, but at the same time it should be considered as part of an independent institution of administrative process. When considering the nature of measures of administrative-procedural coercion, it is necessary to take into account the peculiarities and diversity of administrative-procedural legal relations, since it determines the variety of such measures. It is concluded that administrative-procedural coercion should be considered as a set of methods and means of state-coercive influence, regulated by the norms of administrative-procedural legislation, expressed through a system of specific measures of administrative-procedural coercion. At the same time, the existence of administrative-procedural coercion is due to the presence of procedural obligations among the participants in the administrative process, which form a model of their proper behavior in various types of administrative proceedings and determine the type, scope and content of due and possible forced influence, thereby guaranteeing compliance with the established procedure of the administrative process. It is noted that one of the characteristics of measures of administrative-procedural coercion is the existence of specific tasks to prevent and suppress violations, both administrative and procedural, due to the peculiarity of legal relations arising in the field of public administration and the nature of administrative cases in the administrative process. The author also notes that the subject of the administrative-procedural decision on the application of the measure of administrative-procedural coercion is the public authority and the administration that administers the administrative proceedings. At the same time, the decision to apply such measures is applied exclusively in a specific administrative case.