Legal encyclopedia. The letter a

ADMINISTRATIVE FORCEDURE

It is used as a means of ensuring and protecting the rule of law in the sphere of state administration and fulfills a punitive function. Also, AP as a method of control is a mental, material or physical impact on the consciousness and behavior of people.

Measures AP used in the implementation of the executive

Relevant bodies and officials, which has a power-compulsory nature.

Forced action is directed against the will of the subject. This influence is carried out irrespective of his will and irresistible for the subject. And if a person is not able to understand, perceive and evaluate the nature of the effect exerted on him, then this does not eliminate the objectively-compulsory content of such an impact.

AP in its content is in the external state-legal mental

And physical impact on the consciousness and behavior of people in the form of restrictions of personal, organizational or property nature, i.e. Any adverse effects.

AP measures are used to induce, force the subject to commit certain actions or to refrain from them or to obey the established law-enforcement. Thus, in the end, the object of compulsory influence is not the personality itself, but its behavior.

Measures AP can be established only by legal acts. The application of these measures is allowed only on the basis of laws and other regulatory requirements and only within the limits and forms provided for by the rules of law. Therefore, AP is a legal coercion aimed at the implementation of legal acts regulating public relations in the sphere of public administration. It is used only by authorized bodies and officials. These relations are determined by the need for independent and prompt reaction of the relevant officials to offenses, their operational use of permitted

The right of measures. Violations must be stopped immediately, they affect the interests of the whole society, threaten the personal and property security of citizens.

AP characterizes the extrajudicial procedure for its application by the relevant executive authorities, officials in the process of exercising their competence without resort to a court. However, the right of administrative jurisdiction is vested in courts and judges, who consider a significant category of cases of administrative offenses and apply administrative sanctions (administrative penalties) to the perpetrators. However, this activity of courts (judges) is not justice in the full sense of the word, but forms part of the administrative process.

AP is carried out within the framework of special protective administrative and legal

Relations that develop in the sphere of public administration and cover the rights and obligations of the competent authorities and persons to whom it applies.

AP applies not only to individuals, but also to legal entities. In connection with the transition to a market economy and the emergence of private,

Joint-stock and other non-state enterprises AP is applied in the form of penal sanctions.

An important feature of AP is the specific legal nature of the grounds for its application. The grounds for application are: first, the commission of an administrative offense, and secondly, the occurrence of special conditions provided for by the legal norm.

AP is applied by executive bodies authorized to carry out law enforcement functions in the sphere of public administration, and

Executive bodies, which are endowed with special powers to exercise administrative power.

AP measures are very numerous and diverse. They differ in the purposes, the bases and the order of application. Depending on the purpose and method of law enforcement, all AP measures can be divided into the following groups:

1) administrative and preventive

Measures. The basis for the application of these measures is not an offense, but the occurrence of special, statutory conditions, both connected and not related to

Actions of a person. For their application, there is no need to violate the legal norm, but it is necessary to attack, as a rule, special conditions provided by the hypothesis of the norm.

The state, using administrative and preventive measures, seeks to protect public relations from possible violations. When applied in order to prevent possible violations, they lead to a real reduction in the commission of offenses and the onset of grave consequences from them;

2) measures of administrative restraint.

A.P. - offenses represent an immediate threat to protected public relations, they harm them. The interests of their protection require immediate action by the executive authorities and their officials in order to suppress the actions.

The significance of these measures in the system of law enforcement means is especially great, since in the course of their application the most common offenses are suppressed.

Measures of administrative restraint can be divided into groups:

- Measures applied directly to the

The identity of the offender;

- Measures of a property nature;

- measures of a technical nature;

- measures of a financial nature;

- health and sanitary measures;

- measures related to the implementation of a licensing and licensing system;

- measures of special or exclusive use;

3) measures of administrative responsibility (administrative penalty) (see para.

Administrative responsibility). An administrative penalty is a punishment applied in accordance with the procedure established by law by an authorized body (official) to the guilty individual and legal entity. It can be expressed in moral or material impact on the perpetrator or in the temporary deprivation of his special right.

AP measures are aimed at preventing offenses or the onset of certain unfavorable consequences.

The subject of coercion also distinguishes between state-legal and social-legal coercion.