Administrative coercion as a measure of law and order

click fraud protection

administrative enforcement is one of the measures of state coercion.It ensures the protection of public order.In addition to the punitive functions of administrative enforcement aimed at combating and preventing crime.Its main objective - to ensure law and order in the country, the security of citizens, a clear implementation of all the rules of social behavior.

measures of administrative coercion apply out of court, and within the competence of the individual executive.This District Department of Internal Affairs, Auditing Department, fire protection, sanitary epidemiological department, traffic police, district departments and other urban development.But in some cases they can be used folk judges to impose penalties for certain types of offenses.

types of administrative coercive measures target impacts are divided into three main groups: warning, preclusive and demanding.

The former include the inspection at the airport (customs and police), the introduction of restrictions (Quarantine) at the entry and exit in some regions during epidemics of influenza.This control and supervisory checks on any form of transport, obschepitovskih institutions, destruction of harmful (poor quality) products at customs posts, the supervisory control of the district police departments of the persons who arrived from prison within a year, etc.

By preclusive measures include administrative action militia guards, whose main objective - to stop illegal actions and prevent their consequences.To provide a measure of restraint of the offense may use the following means.It measures the direct physical effects, a variety of non-lethal weapons (batons, gas, water cannons, etc.), service weapon, forcible commitment of the offender to the hospital, the issuance of regulations to ban or restrict the operation to correct the violations, suspension of licenses and even its removal andetc.

Demanding administrative measures are applied after offense.

administrative enforcement strictly regulated by the state to prevent its misuse and interpretation.Powers of applying coercive measures of an administrative order, painted in the law "On Police", the Customs Code of the Russian Federation, the Construction Code and other regulatory documents of the industry.

State compulsion administrative order has its specific features.Firstly, it can be applied to all categories of citizens.It is not only legal persons, but also physical (ordinary citizens).Secondly, administrative enforcement is regulated by the Administrative Procedure Code and serves to provide law and order in the public sphere.Third, administrative enforcement is carried out of court through the administrative organs of industry regulatory agencies.

Forcing expressed in the application of the following measures: a fine, seizure, confiscation, disqualification, removal of the offender from the country, the disqualification or suspension of activities.Moreover, administrative enforcement of the significance of the less severe penalties, in contrast to criminal enforcement, and how to use it more simple.

Since the process of proving the offense and the inevitability of punishment contains much less of the proceedings for the control of administrative authorities.But those at least, the fact that the definition of the offense and the procedure for its completion is strictly regulated by the procedural rules, is under constant control of the prosecutor's main tasks - to ensure strict law enforcement of all types of administrative enforcement under the current legislation of Russia.