Is administrative coercion present during implementation of control, quasi-control and oversight in the public administration sphere?

Abstract

The reform of control and supervisory activities received legislative registration with the adoption of two basic federal laws “On Mandatory Requirements in the Russian Federation” and “On State Control (Supervision) and Municipal Control in the Russian Federation”. This circumstance has increased scientific interest in the problem of the presence and limits of administrative coercion in the implementation of control and supervisory activities. Based on the analysis of normative legal acts, the article examines the application of administrative coercion measures in the conduct of control, quasi-control and supervision in the field of public administration. The conclusion is substantiated that administrative coercion is an obligatory element of supervisory activity, a criterion that allows to distinguish this activity from the control one. In the exercise of control, coercion is disciplinary in nature. However, in the conditions of legislative identification of control and supervision, coercive measures penetrate into the implementation of control, which turns it into quasi-control.