LEGAL REGULATION OF MEASURES OF ADMINISTRATIVE AND PROCEDURAL COERCION

Abstract

In accordance with the methodology of the system analysis, the legal regulation of measures of administrative and procedural coercion applied in administrative and tort law is considered. An analysis of the current Code of Ukraine on Administrative Offenses and the draft Code of Ukraine on Administrative Offenses prepared by the Ministry of Justice of Ukraine and other normative acts is carried out. It is noted that measures to ensure proceedings in cases of administrative offenses occupy a special place in the current administrative legislation. Measures of administrative and procedural coercion are procedural actions of administrative jurisdiction bodies and their officials regulated by administrative and procedural norms, which are carried out in the process of law enforcement activity in order to identify the offense, establish the offender, create conditions for clarifying the circumstances of the case, identify, investigate and consolidate evidence, ensuring the execution of the decision in the case. Special features of administrative and procedural measures of coercion are determined. Considering the coercive nature and restrictions imposed by the application of personal, property, organizational rights, there is a need for detailed regulation of the grounds, conditions, procedure of such measures. The structural separation of measures of administrative and procedural coercion in the procedural part of the normative and legal act on administrative offenses is important. It proves the need for legal optimization of measures to ensure proceedings in cases of administrative offenses. With regard to each measure of administrative and procedural coercion to ensure the proceedings in the case of an administrative offense, the rules of the normative and legal act should include the content of the constituent actions, specific goals, grounds and conditions of application.