Administrative Responsibility as a Form of Administrative Coercion

• Main Author: A. I. Kaplunov
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2020-12-01
• Series: Сибирское юридическое обозрение
• Subjects: «следственный» и «состязательный» типы юрисдикционного правоприменительного процесса; administrative coercion; administrative responsibility; administrative punishment; administrative suspension of activity; “investigative” and “adversarial” types of jurisdictional law enforcement process
• Online Access: https://slr.elpub.ru/jour/article/view/443

State coercion is an important and necessary means of maintaining law and order. But at the same time, it is a problematic sphere of relations between the authorities and society. So, the legislator is faced with the task of normative regulation of this sphere of relations. This becomes especially relevant in the preparation of a fundamentally new normative legal act regulating public relations for the protection (including compulsory) of an individual, society and the state from offenses that belong to the category of administrative. The article examines the legal nature of administrative coercion, implemented in the field of public administration. Critical analysis has been made of certain coercive measures enshrined in the legislation on administrative offenses, namely, measures of procedural support and measures of administrative punishment. The conclusion is formulated on the need to minimize the competence of judges in considering cases of administrative offenses. The inadmissibility of administrative liability of legal entities is substantiated. The article argues the feasibility of harmonizing the judicial and administrative order of applying administrative penalties based on the investigative type of jurisdictional law-enforcement process.