Павлов
Н.П.
103
учебный взвод
Уфимский
ЮИ МВД России
To a question of measures of administrative compulsion
Now it is impossible to recognize a condition of a law
and order in the country satisfactory. Growth of crimes and other offenses
doesn't decrease, their intensity, aggression and aggressiveness has amplified,
there were new threats of public safety. All this defines need research of a
practical role of coercive measures in modern conditions, opportunities and
efficiency in protection of legitimate interests.
So, the official site of the Ministry of Internal
Affairs of Russia brings the following statistics of crime into the Russian
Federation. In January - November, 2015 2163,4 thousand crimes are registered,
or is 8,4% more, than for the similar period of last year. Growth of the
registered crimes is noted in 74 territorial subjects of the Russian
Federation. The quantity of the revealed crimes connected with arms trafficking
in comparison with January - has increased by 1,7% November, 2014 and has made
24,9 thousand; the quantity of the elicited facts of plunder and extortion of
the weapon, ammunition, explosives and explosive devices has increased for 7,3%
(1,4 thousand facts) [1].
In this regard an important role is played by
administrative compulsion as a method of public administration, set of the
means of mental, physical and other impact applied by authorized subjects in
the established procedural order for formation of due behavior including in the
sphere of providing a public order and public safety.
Measures of administrative compulsion are methods of
the compulsory termination of illegal actions and inaction; create necessary
legal and organizational conditions for the subsequent involvement of the
offender to a certain type of legal responsibility. Besides measures of
administrative suppression serve as an instrument for ensuring of legality in
various spheres of public management without which providing protection of the
rights and freedoms of the person and citizen is impossible. As A.S. Seryogin
has designated, "people need a public order - they want to be quiet for
the life, health, advantage belonging to them property, leaving the house,
getting to the world out of collective behavior of people" [2].
It is difficult to overestimate importance of coercive
measures. By means of measures many law-enforcement problems are solved: tens
of thousands of offenders are late annually; drugs are withdrawn; the
production, mechanisms, technologies rendering public danger is forbidden to
operation; violations of the nonconsumptive legislation, etc. are stopped.
Define the following features of administrative
coercive measures: are applied both to physical, and to legal entities; are applied
in the sphere of the public relations settled both by norms of administrative
law, and norms of other branches of the right; are enshrined both in lawful,
and in subordinate regulations; are applied by a wide range of authorized
subjects; are applied as to the persons who have made offenses and to the
persons who haven't made an offense (a measure of the administrative
prevention).
Allocate the purposes of administrative compulsion:
prevention of offenses and approach of other harmful consequences; suppression
of offenses; restoration of the broken state; procedural ensuring production on
cases of administrative offenses; accountability of the offender.
Measures of administrative compulsion classify by
various bases: on character and specifics of an offense of a measure of
administrative compulsion (mental influence; measures of physical impact;
measures of material (property) influence; measures of organizational
influence); on the subject of application (applied by individual subjects;
applied by collective subjects); in the order of application (applied in an
administrative (extrajudicial) order; applied in a judicial proceeding).
On target mission of a measure of administrative compulsion
divide on: measures of the administrative prevention (a main objective – to
prevent approach of adverse effects or commission of an offense); measures of
administrative suppression (are directed to the termination of illegal actions
which already take place); measures of ensuring production on cases of
administrative offenses (function – to provide the correct and timely
proceeding, and also execution of the decision); measures of administrative
responsibility (assignment of adverse effects of the subject
which has made an offense); measures of administrative restoration (are
directed to bringing a situation to the initial state existing before
violation).
Strict and steady compliance of coercive measures to
the current legislation provides with authorized officials efficiency of
administrative activity, inviolability of a law and order, creates conditions
for gradual reduction and elimination of offenses.
However today legal regulation and application of
measures of administrative compulsion not always answer goals and tasks as,
these measures applied for the purpose of ensuring the rights of natural and
legal entities can violate in case of their wrong realization the rights and
freedoms. It can occur for various reasons: owing to weak training of officials
of authorized bodies; the wrong understanding them the norms regulating
coercive measures and another.
Thus, administrative compulsion as a kind of the state
compulsion and a symbol of the government is actual institute of administrative
law.
In our opinion, to fix the listed problems, it is
necessary to check strictly compliance of the knowledge and skills coming on
service to law-enforcement bodies to the qualification requirements imposed to
concrete positions. It is offered to add the article 33 "Certification of
Staff of Law-enforcement Bodies" of the Federal law No. 342-FZ "About
service in law-enforcement bodies of the Russian Federation and modification of
separate acts of the Russian Federation" with point on carrying out
extraordinary certification for the proposal of the authorized head by consideration
of a question of attraction to a disciplinary responsibility in connection with
numerous violation by the employee of office discipline.
The solution of the specified problems will promote
protection of the rights, freedoms and interests of natural and legal entities,
improvement of interaction of the state and citizens, to rational use of a
resource of administrative compulsion, and as a result – to strengthening of
legality and a law and order.
Bibliography
1. Seryogin A. S. Essence of a public order and public
safety as objects of administrative legal protection//Actual problems of
improvement of protection of a public order and public safety in the conditions
of reorganization. M, 2015,p.43-47.
2. https://mvd.ru.