Financial Law and ManagementReference:
Administrative Persuasion and Coercion as Methods of Public Administration
Abstract.The subject of research involves theoretical and legal basis of administrative persuasion and coercion as methods of state control undertaken under their dialectical unity. The author describes features and characteristics of each of these methods, offers his own definition of administrative persuasion and coercion, and says that a correct understanding of the methodology of public administration as a system of methods of organized activities performed by authorized bodies of public administration is essential for the resolution of problems of state management in general and administrative sanctions, in particular. The methodological basis for the article was formed by the current achievements of the theory of knowledge. In the course of his research Safonenkov has used theoretical, general philosophical methods (dialectic, systems approach, analysis, synthesis, observation), traditional legal methods (formal logical), and others. The novelty of the research is caused by the fact that the author carries out a theoretical analysis of administrative methods of persuasion and coercion as methods of public administration in conjunction with each other. The author concludes that the methodology of public administration is a system of methods (principles, methods, techniques and tools) used by authorized bodies of public administration to organise their activities, including administrative persuasion and administrative coercion. Administrative persuasion is a system of methods that is carried out by authorized authorities and implies explanatory, educational, and incentive measures with the aim of making management entities to understand the need to comply with the legislation. The belief acts primarily on the consciousness of management entities. Administrative coercion is a way to influence the will of management entities involving the application of administrative penalties for past violations, and a variety of actions (measures) that are not related to administrative offences.
Keywords: jurisdiction, methods, characteristics, measures, persuasion, types, administrative coercion, prevention, suppression, punishment
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