Administrative coercion is one of the measures of state coercion. It provides the protection of public law and order. In addition to punitive functions, administrative coercion is aimed at suppressing and preventing offenses. Its main goal is to ensure law and order in the country, the safety of citizens, the strict implementation of all the rules of public behavior.
Administrative coercive measures applied out of court and are the responsibility of individual executive bodies. These are district departments of internal affairs, control and audit departments, fire protection, sanitary epidemiological departments, road inspections, district departments of urban planning and others. But in some cases, they can be used by lay judges to penalize certain types of offenses.
Types of administrative coercion according to targeted measures of influence are divided into three main groups: preventive, preventive and exacting.
The first include screening at the airport (customs and police), the introduction of restrictions (quarantine) on entry and exit in certain regions during epidemics of influenza. These are control and supervision checks on any type of transport, in public catering establishments, the destruction of harmful (substandard) products at customs posts, the supervision in the district police departments of persons who arrived from places of detention during the year, etc.
Preventive administrative measures include actions by police on guard, whose main goal is to stop illegal actions or prevent their consequences. The following remedies can be used to provide a preventive measure. These are measures of direct physical impact, various special means (rubber batons, gas, water cannons, etc.), service weapons, forced placement of an offender in a hospital, issuance of a ban on or restricting work to eliminate violations, suspension of a license and even its withdrawal etc.
Demanding administrative measures are applied after commission of an offense.
Administrative coercion It is strictly regulated by the state in order to exclude its misuse and interpretation. The powers of the bodies that apply administrative coercive measures are described in the law “On the Police”, in the Customs Code of the Russian Federation, in the Town Planning Code and other regulatory industry documents.
State coercive administrative order has its own specific features. Firstly, it can be applied to all categories of citizens. These are not only legal entities, but also individuals (ordinary citizens). Secondly, administrative coercion is regulated by the norms of the administrative-procedural code of the Russian Federation and serves to ensure law and order in the public sphere. Thirdly, administrative coercion is carried out out of court through the administrative bodies of the controlling branch departments.
Coercion is expressed in the application of the following measures: fine, seizure, confiscation, deprivation of right, expulsion of the offender from the country, disqualification or suspension of activity. Moreover, administrative coercive measures are less severe in terms of the importance of punishment, in contrast to criminal coercive measures, and the way they are applied is simpler.
Since the process of proving an offense and the inevitability of punishment contains much less procedural actions for controlling administrative bodies. But, nevertheless, the fact of determining the offense and the procedure for its execution is strictly regulated by the procedural rules, is under constant prosecutorial control, the main tasks of which are to ensure strict legality of the execution of all types of administrative coercion in accordance with the norms of the current legislation of Russia.