ADMINISTRATIVE AND LEGAL MEANS OF ENSURING THE LEGALITY OF THE APPLICATION OF ADMINISTRATIVE COERCION MEASURES BY THE POLICE

Abstract

In the article, in the context of current legislation, a study of administrative and legal means of ensuring the legality of the use of administrative coercion measures by the National Police during the performance of official duties carried out. It noted that the legislation regulating the powers of the police regarding the use of administrative coercion contains gaps, competing conflicting norms, and complex provisions. This explained by the fact that in the theory of administrative coercion there is no clarity in the content and structure of norms that establish specific methods of coercive influence, the grounds and procedure for implementation, the list and content of administrative and legal means of ensuring the legality of the use of administrative coercion measures by the police. It indicated that measures of administrative coercion are methods of coercive influence provided by administrative or administrative-procedural legislation, which implemented by authorized officials in cases and procedures established by law as a reaction to an administrative offense, crime, or other legal anomaly. The method of coercive influence is a law-enforcement action prescribed by law in the form of force and other influence of a moral, material or organizational nature, which leads to the restriction of individual rights, causing material and physical damage. A coercive measure considered to have been applied if the law enforcement action provided for by the disposition of the legal norm. The legality of the use of administrative coercive measures by the police should be understood as the compliance of the actual actions of authorized police officers with the provisions of administrative or administrative-procedural legislation, which establishes the grounds, purpose, procedure and conditions for implementing the method of coercive influence, which characterizes the content of a specific coercive measure, procedural and procedural terms and requirements for documentation.