Open AccessAdministrative and legal coercion: theoretical issues
Author(s) -
Sergei Starostin
Publication year - 2021
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.82.6.048-055
Subject(s) - coercion (linguistics) , state (computer science) , subject (documents) , political science , law , law and economics , sociology , computer science , philosophy , linguistics , algorithm , library science
The article discusses the problems of disclosing the content of administrative and legal coercion, analyzes various classifications. It is noted that the existing opinion that one of the first authors of the three-term classification of administrative and legal coercion is M. I. Eropkin, is not entirely correct, since other classifications were proposed much earlier. In the article they are analyzed and on this basis the signs of administrative and legal coercion are formulated. This is their state-imperious nature, coercion is applied exclusively on a legal basis. This is a sectoral method of influence, which consists in the application by the competent state authorities and their officials of temporary measures established by law and restrictions on the rights and freedoms of a citizen. Comparing the content of administrative responsibility and administrativelegal coercion, it was concluded that it is broader than coercion, coercion is only part of the responsibility. Administrative-legal coercion is always the forcible submission of the will of the controlled subject to the will of the manager, and this subject can take responsibility without violence, voluntarily. This conclusion is based on specific examples.