Open AccessTo the question of functionality of administrative compulsion
Author(s) -
Aleksei Valentinovich Kurakin
Publication year - 2020
Publication title -
administrativnoe i municipalʹnoe pravo
Language(s) - English
Resource type - Journals
ISSN - 2454-0595
DOI - 10.7256/2454-0595.2020.3.32794
Subject(s) - administrative law , principal (computer security) , legislation , enforcement , state (computer science) , law and economics , function (biology) , political science , administrative services organization , work (physics) , law , public administration , sociology , computer science , engineering , computer security , biology , mechanical engineering , algorithm , evolutionary biology
This article explores the problems of application of measures of administrative compulsion, pays attention to functionality of measures of administrative compulsion, as well as state the thesis on the fact that despite vast attention to the issue of administrative compulsion, its functions lack scientific development. Considering the theoretical research, the author notices that functionality of administrative compulsion is predefined by the functionality of separate measures of administrative compulsion. Therefore, emphasis is made on the functions of some of the administrative compulsory measures. The theoretical framework of the study is comprised of the works of general theory of law and recent achievements in the science of administrative law. The conclusions of the research consist in a number of proposals on lowering the level of administrative compulsion in the law enforcement work, adjustment of the goals of some types of measures of administrative compulsion, as well as improvements to the positions of legislation determining functionality of certain measures of administrative compulsion. The article highlights the fact that the principal function of administrative compulsion consists in protection of rights and liberties of the citizens.