Reference:
Kareeva-Popelkovskaya, K.A..
Mechanism for the application of administrative interception.
// Police activity. – 2014. – ¹ 1.
– P. 30-39.
Read the article
Abstract: Implementation of executive power and guarantees of public order is practically realized
via certain means and methods of strategic influence on the behavior and conscience of the
people. The various organizational and legal means are used in order to guarantee rule of law and
legal order within the state administration system of the Russian Federation, and the influence of
these means also varies depending on the participants of legal relations. Convincing and coercion
being two mutually complementing methods of state administration serve as these methods at the
current stage of development of the society. Their social purpose and efficiency of their influence is due to the fact, that, firstly, they are caused by general social and economic patterns of development
of the society, and secondly, they should be in inseparable unity, thirdly, they depend on
how correctly and socially adequately the economic and political needs of society are reflected.
The methodological basis for the scientific article was formed by the current achievements of the
theory of cognition. In the process of studies the author used general philosophical, theoretical
and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation,
modeling), traditional legal methods ( formal logic method), and methods typical for specifi
c sociological studies (statistical, expert evaluation, etc.). Application of administrative coercion
should be preceded by preventive measures, one of which should be an order with the threat of
physical coercion. These measures are mostly necessary for prevention and interception of the
gravest administrative offences, encroaching at the public order and established administration
procedure. The measures of administrative coercion relating to physical or moral influence inevitably
limit rights and interests of a person suspected for committing and offence, that is why their
application is impossible without due procedural guarantees. Procedural guarantees of a suspect,
competence of executive and judicial bodies, their officials are defined by the right of coercion or
the right of coercive power.
Keywords: coercion, law, police, mechanism, control, norm, function, DIA, MIA, official.
References:
Abulgazin S.B. Administrativno-pravovye otnosheniya v deyatel'nosti militsii po okhrane obshchestvennogo poryadka: dis. … kand. yurid. nauk. – M., 1982.
Alekhin A.P., Kozlov Yu.M. Administrativnoe pravo Rossiyskoy Federatsii. – M., 1995.
Zelenko V.L. Voprosy teorii i praktiki primeneniya militsiey mer administrativnogo presecheniya pravonarusheniy: avtoref. dis. … kand. yurid. nauk. – Kiev, 1975.
Kotyurgin S.I. Funktsii sovetskoy militsii. – Omsk, 1975.
Kozlov Yu.M. Administrativnye pravootnosheniya. – M., 1976.
Kisin V.R. Mery administrativno-protsessual'nogo prinuzhdeniya…..: dis. ... kand. yurid. nauk. – M., 1983.
Korenev A.P. Administrativnaya deyatel'nost' organov vnutrennikh del. Chast' osobennaya / A.P. Korenev [i dr.]. – M.: Shchit-M, 2003.
Kapitonov S.A. Vedushchaya funktsiya militsii / S.A. Kapitonov. – M.: Yurisprudentsiya, 2002.
Kaplunov A.I. Primenenie i ispol'zovanie ognestrel'nogo oruzhiya / A.I. Kaplunov, S.F. Milyukov. – SPb.: Yuridicheskiy tsentr Press, 2003