行政和程序强制措施

Igor' Sergeevich Tregubov
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引用次数: 1

摘要

本文从行政程序性强制措施的本质、行政程序性强制制度如何引起重视、行政程序性强制措施的内涵界定等方面进行了探讨。文章认为,程序性措施并没有立即出现在行政强制的构建中,这是由于行政责任立法的发展以及法律学说的影响。长期以来,行政强制问题一直是科学界关注的问题。行政强制制度的研究一度甚至带有亲西方的色彩,这种强制制度在西方被广泛运用。作者的结论是,行政和程序强制的目的是压制行政违法行为,确保对行政违法行为的诉讼,以及在这一诉讼框架内作出的决定的执行。提交人指出,在行政强制和程序性强制的框架内,适用强制性和限制性影响措施,以及确保实施程序性强制所必需的非强制性措施。行政和程序强制的目的是制止行政违法行为,确保行政违法案件的诉讼程序,以及执行在这一诉讼程序框架内作出的决定。应当指出,在行政和程序性强制的框架内,适用强制性和限制性影响措施,以及确保实施程序性强制所必需的非强制性措施。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Measures of Administrative and Procedural Coercion
The article examines the essence of administrative-procedural coercion measures and how attention is drawn to the institution of administrative coercion, the definition of administrative-procedural coercion measures in its content. The paper concludes that procedural measures did not immediately appear in the construction of administrative coercion, this was due to the development of legislation on administrative responsibility, as well as legal doctrine. The problem of administrative coercion has been the subject of scientific attention for a long time. At one time, the research of the institute of administrative coercion even had a pro-Western character, where this coercion was used very widely. The author concludes that administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings on administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. The author notes that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion. Administrative and procedural coercion is aimed at suppressing administrative offenses, ensuring the proceedings in cases of administrative offenses, as well as the execution of decisions taken within the framework of this proceeding. It should be noted that within the framework of administrative and procedural coercion, coercive and restrictive measures of influence are applied, as well as non-coercive measures that are necessary to ensure the implementation of procedural coercion.
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