Administrative coercion in enforcement proceedings

Abstract

The article examines administrative coercion in enforcement proceedings as a legal phenomenon. The author considers it, firstly, as one of the types of state coercion, and secondly, as a kind of administrative coercion, and comes to the conclusion that enforcement proceedings are inseparable from administrative coercion by their nature. Both elements that make up the general concept under study are generated by the state, are necessary for the exercise of state power, the achievement of a publicly significant goal. This goal is determined by the actual enforcement proceedings as a necessary specific type of activity aimed at completing the cycle of jurisdictional proceedings: in cases of administrative offenses, civil, arbitration, administrative proceedings, and others, to solve its tasks. In enforcement proceedings, only its combination with administrative coercion can achieve the goal of public authority, to achieve the real execution of the act of a jurisdictional body, an official. In addition, administrative coercion is a method of public administration, an effective tool with which enforcement proceedings are carried out. The article also presents the author’s classification of types of administrative coercion in enforcement proceedings, and raises the problem of improving the legislation on it.