Administrative coercion, taking into account its socio-legal nature, procedural features and the functional purpose of the implemented measures, is defined as a universal, mediated by administrative law and determined by the objective needs of society method of public-law administration, which is a set of administrative coercive measures of active physical, psychological, material , property and other influence on the behavior of individuals or legal entities, applied by specially authorized subjects of administrative jurisdiction for the purpose of ensuring personal, public (public), state security and maintaining the established order of management and the regime of legality in society.
The legal nature of administrative coercion measures is clarified, which is due to the presence of procedural obligations of the participants in the administrative-delict process, which form a model of their proper behavior in various types of administrative (including coercive) proceedings and determine the type, scope and content of proper and possible coercive impact, thereby guaranteeing compliance with the established management procedure. At the same time, each type of administrative proceedings corresponds to its own set of procedural obligations of the participants, and therefore to its own scope and content of the necessary coercive influence, which ensures their proper execution.
Ensuring legality during the application of measures of administrative coercion is defined as an element of guaranteeing by administrative and legal means the compliance of the actual actions of authorized subjects of administrative jurisdiction with the provisions of the legislation, which establishes the rules for the application of measures of administrative coercion.
The essence of compliance with the principle of legality during the application of administrative coercion measures is clarified, which consists of:
firstly, in the human rights role of legality, as a deterrent to possible violations by state bodies and their officials, protection of human and citizen rights in the activities of subjects of administrative jurisdiction;
secondly, in the requirements of strict compliance with the requirements of the Code of Ukraine on Administrative Offenses, laws and acts of sub-legal regulation by all subjects of administrative jurisdiction, which express the will of the people, are presented to all officials, without exception, authorized to apply measures of administrative coercion;
thirdly, in the exercise of powerful state functions on the basis of exact and unconditional implementation of laws, with strict observance by officials of subjects of administrative jurisdiction of the rights and freedoms of citizens;
fourthly, in the implementation of public control over compliance by authorized subjects of administrative jurisdiction with the requirements of the legality of the application of coercive measures;
fifth, in the selection of typical violations of legality by: a) subjects of the application of coercive measures; b) types of administrative coercion measures (measures of administrative warning, administrative termination and administrative responsibility, measures to ensure proceedings in cases of administrative offenses); c) scope of application.
The understanding of the legal and social conditionality of compliance with the law during the application of administrative coercion measures has been improved, which consists in: firstly, the need for the state to take adequate measures to remove or overcome social contradictions in society by using active methods of influencing the behavior of individual or collective subjects of law , such as coercion and persuasion; secondly, in the state need, which dominates public consciousness and leads to the emergence of administrative and legal norms aimed at ensuring the rights and interests of citizens during the application of administrative and coercive measures, and the variability of the choice of means of legal response to possible violations of such norms correctly to deal with their social and economic conditions.
