Open AccessThe role of the coercive influence method in improving the legal regulation of administrative coercion measures
Author(s) -
Andrey Kaplunov
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 - 10.17803/2311-5998.2021.82.6.071-079
Subject(s) - coercion (linguistics) , legislation , principle of legality , enforcement , consolidation (business) , law enforcement , quality (philosophy) , political science , business , law , accounting , philosophy , linguistics , epistemology
The legal regulation of administrative coercion measures as the basic structural units of administrative coercion is considered in the article through the prism of the concept of "method of coercive influence", which is the key, essential for the characterization of the content of the administrative coercion measure, and the elements that determine the legality of its application. The chosen methodological approach allowed the author to assess at a deeper theoretical level the quality of the legal regulation of certain administrative enforcement measures used by the police, and to identify the shortcomings associated with the consolidation in the legislation of the method of coercive influence of such coercive measures as the use of physical force and firearms, suspension from driving a vehicle, to identify problematic issues in the use of firearms by police officers, due to the regulation of the grounds, the procedure and conditions for the implementation of this method of coercive influence. A variant of the concept of "resistance" is proposed to eliminate the gap in the current legislation.