Once again about the mechanism of administrative coercion

Abstract

The article discusses the mechanism of administrative coercion, this issue is important from the point of view of the application of various measures of administrative influence. The importance of such a category as the "legal mechanism of administrative coercion" will be predetermined by its functionality in determining methods of coercive influence. The mechanism of application of administrative coercion may make it possible to balance private and public interests in the application of various measures of administrative coercion, as well as to avoid violations of the requirements of legality. The mechanism of administrative coercion is a kind of law enforcement (police) mechanism. Despite this, the mechanism of coercion has its own specifics. The author revealed the features of the mechanism of administrative coercion measures, gave a theoretical analysis of the elements of this mechanism. The paper draws attention to the fact that constructively the mechanism of administrative and legal regulation of the use of coercive measures includes the norms of law, legal relations, acts of application of the norms of law, as well as legal culture. Based on this, the author concludes that the mechanism of action of administrative coercion harmoniously includes both legal and non-legal elements, and the importance of the latter elements is also important for the effectiveness of the implementation of the coercion. The author concluded that the legal culture as an element of the mechanism of administrative coercion has not received a proper theoretical assessment.