VIOLATION OF LEGALITY IN THE APPLICATION OF ADMINISTRATIVE COERCION MEASURES BY THE POLICE

Abstract

The article, based on the current legislation and law enforcement practice, general philosophical and specific legal research methods, deals with the violation of legality in the application of administrative coercion measures by the police. It is noted that state coercion is a method of influence, which consists in the application of coercive measures prescribed by law by state bodies and their officials. These measures are to overcome a legal anomaly. Using legal restrictions and burdens or actions contributes to force obligated persons to fulfill the legal obligations imposed on them and observe the prohibitions established by the law, ensure law and order, safety of the person, society and the state from potential and real threats. Coercion, along with legal forms such as termination, reinstatement, and legal liability, includes warnings and due process. Two of the listed legal forms of state coercion – prevention and termination – have become the most widespread in the field of administrative and legal regulation. Administrative coercion as a branch type of state coercion is a method of state management, which consists in the application of coercive measures of influence established by the norms of administrative and administrative-procedural law by subjects of public power. Individuals, in connection with committing illegal acts, under circumstances threatening personal safety or public safety, aim the measures at ensuring the consistent performance of legal obligations. It is pointed out that depending on the method of protecting public order and ensuring public safety, it is expedient to distinguish four groups of administrative coercion measures as part of administrative coercion: coercive measures of administrative warning; measures of administrative termination; coercive measures of administrative and procedural support; measures of administrative responsibility. Violations of legality in the specified groups of administrative coercion measures are analyzed.