Course work methods of coercion. Coercion as a method of exercising state power. Basic provisions submitted for defense
administrative coercion as a method of public administration
Introduction In the system of branches of Russian legislation, administrative legislation plays an important role. Administrative legislation is a branch of Russian legislation that regulates relations arising in the process of executive and administrative activities of government bodies. Executive activity is the implementation of the requirements of Russian laws and other regulations adopted by government bodies. The administrative activity of government bodies consists of issuing administrative legal acts, ensured, if necessary, by measures of state coercion. Persuasion and coercion, as methods of public administration, are social phenomena, since they find their manifestation in the content of connections between participants in specific social relations. “Coercion exists in every human community and is a necessary element of any social organization. In a pre-class society it was based on the authority of elders, tribal leaders, etc., in a class society - on the power of the state. Consequently, coercion is closely related to state power and determines the quality of this power.” . “The interests of protecting law and order and maintaining state discipline require that state bodies ensure the implementation of the state will, applying, if necessary, to those who do not follow this will voluntarily, coercive measures permitted by law.” For example, government officials are civil servants, in particular the head of the district police department, the district military commissar, etc., who are empowered to give mandatory instructions to both persons subordinate to them in service and persons not subordinate to them in service. If their instructions are not followed, they may apply certain administrative enforcement measures. State coercion is applied on the basis of persuasion, within the strict framework of legality. “The most important principles of the fight against crime are the inevitability of the impact on the offender of legality, justice, and humanism. The struggle for the rule of law must be waged through strictly legal means. State coercion is a means of protecting the interests of society, a forced reaction to antisocial actions, coercive activities are regulated by law. In addition to legal coercion, there is, for example, pedagogical coercion, mental coercion, physical coercion and its variety - hunger discipline, family coercion (the head of the family in relation to children and dependents); the criminal against the victim, the occupiers against the population of the occupied territory, etc. It is necessary to distinguish between coercion as a specific activity of government bodies and as one of the methods of management. The first of them applies mainly only to those who do not voluntarily comply with the requirements of the law or legitimate government bodies. As for the second, that is, coercion as a method of management, influencing the behavior of people or organizations, its elements are present in all cases where state power is used.
Pconcept and features of administrative coercion. State coercion is an external influence on people's behavior, based on the organized power of the state and ensuring the unconditional approval of the will of the state. The decisive role in the fight against crime belongs to the state. It has a special coercive apparatus. Legal norms determine for what state bodies can use the method of coercion (grounds for coercion), the types and amounts of coercive means (sanctions) and the procedure for their application. State coercion, mediated by law, acts in the form of legal coercion and, as a rule, is expressed in specific coercive measures applied by authorized state bodies (officials) in connection with non-compliance with legal norms. Administrative coercion is a special, independent type of legal coercion. Administrative coercion plays an important role in the protection of law and order, includes a large number of means of restraint (detaining citizens, prohibiting the operation of mechanisms, etc.), its use stops antisocial actions, and prevents the onset of socially harmful consequences. The use of administrative coercion is determined by: firstly, the need to punish offenders in cases established by law, secondly, the need to suppress and, thirdly, prevent offenses. Administrative coercion is a method of mental or physical influence on the consciousness and behavior of people, used in the field of public administration in order to bring guilty persons to administrative responsibility, suppress and prevent administrative offenses.
Administrative coercion is a special type of state coercion, consisting in the application by government bodies, in cases established by law and in the manner established by the norms of administrative law, of coercive measures against the offender in order to protect public relations protected by law. The content of coercion should be understood as a system of measures in which the control influence of the state is manifested in order to ensure the desired and necessary behavior.
An administrative offense (misdemeanor) is a negative social and legal phenomenon, since it harms public and personal interests (benefits) protected by the norms of administrative law. Because of this, society (the state) is forced to fight them by establishing appropriate legal prohibitions. Therefore, the purpose of applying administrative coercive measures is to protect social relations protected by law. Administrative coercive measures can be applied both in the presence and absence of offenses (for example, in emergency circumstances, if it is necessary to prevent the commission of an offense). A different opinion is expressed in the literature. So, D.N. Bakhrakh believes that administrative coercion is a special type of state coercion, consisting in the use by subjects of functional power of coercive measures established by the norms of administrative law in connection with administrative offenses. D.N. Bachrakh notes that any coercive measure should be considered as permissible as an exception for the violation of the inviolability of the individual and her rights. A measure of coercion can only be an individual act that has a specific addressee. Administrative coercion is applied only to offenders in cases and in the manner specified in the law.” He points out that, like all means of state coercion in general, administrative measures are used in connection with offenses. But they are applied due to the presence of a special reason - an administrative violation. Because misdemeanors are less harmful than crimes, those measures of administrative coercion are generally less severe than criminal penalties. Sevryugin V.E. notes that administrative coercion is a type of legal coercion and consists in the application by authorized administrative-jurisdictional bodies (officials), courts (magistrates) of coercive measures established by the norms of administrative law against offenders in connection with non-compliance with legal regulations. Administrative coercion has its own individual characteristics. Sevryugin V.E. Highlights the following characteristic features of administrative coercion: 1. The basis for the application of administrative coercive measures is an administrative offense, and in cases directly provided for by law, a crime that does not pose a great public danger.2. Administrative coercive measures are applied to persons and bodies in relation to whom the subject of administrative power is not superior in the order of subordination and does not have administrative power in relation to them.3. The subject of administrative power and the violator are not members of the same team and the latter is not directly subordinate in service to those who apply administrative coercive measures to him.4. Administrative coercion is carried out by government bodies and only in some special cases by courts (magistrates), but in the manner established by the norms of administrative law.5. They are the result of the implementation of state powers, and consist of forcing citizens and officials to fulfill legal obligations established by legal norms.6. Used to stop illegal actions, punish violators administratively, ensure public safety and established law and order.7. Carried out within the framework of administrative procedural norms.8. Contributes to crime prevention.9. Carried out on a strictly legal basis. As already noted, not everyone has the right to apply administrative-coercive measures, but only specially authorized government bodies. This facilitates control and supervision of the use of coercive measures. Arbitrary assignment of powers to apply administrative coercion is a gross violation of the rule of law. Administrative coercion measures are preventive in nature and are a means of crime prevention, as they are applied to persons who do not have established antisocial attitudes and who commit minor deviations from legal regulations. This is precisely what determines the multiplicity and multiplicity of administrative and legal means of influence used by various subjects of law enforcement. Administrative coercion is a broad concept, the forms of its specific expression are very diverse, which is determined by the variety of tasks of government bodies and the conditions in which they operate. Administrative coercion serves the purpose of ensuring state discipline, law and order.
Types of administrative coercion, their legal characteristics.
Of great theoretical and practical importance is the question of the classification of administrative coercive measures, which until now has not received a single solution either in theory or in practice. According to V.E. Sevryugin, a clear classification of administrative coercive measures is necessary: Firstly, to understand the essence of the various coercive measures used by government bodies, their goals, and their interactions. Secondly, this is of great importance for the use of coercive measures and ensuring the effectiveness of influence on offenders. Thirdly, a clear and precise classification is necessary for practitioners when deciding on issues of criminal or administrative liability, as well as when replacing criminal liability with administrative liability for a number of crimes that do not pose a great public danger. Fourthly, correct classification is a necessary prerequisite for their scientific codification. In the administrative legal literature, different points of view are expressed on the classification of administrative coercive measures. So Bakhrakh D.N. distinguishes among them: preventive measures, administrative and restorative measures and punishments. He notes that preventive measures are aimed at stopping illegal actions and conditions; they are used to prevent new offenses and harmful consequences; restorative measures are used to compensate for the damage caused and restore the previous state of affairs. Therefore, the type and size of these measures depends on the nature and extent of the harm caused by the offender.I.I. Veremeenko believes that the proposed Bakhrakh D.N. the classification does not draw a sufficiently clear line between the various legal measures. The group of measures of administrative restraint combines both administrative procedural measures (administrative detention, detention and seizure of property) and administrative legal sanctions, which the author calls independent measures of administrative restraint (for example, suspension of the operation of an enterprise). He also argues that the criterion for classifying administrative coercive measures applied in connection with an offense can be the immediate purpose of applying certain measures; according to this criterion, they are divided into two subgroups: administrative procedural measures and administrative legal sanctions. From the above I.I. Veremeenko concludes that the system of administrative coercive measures consists of three independent...divisions: 1.administrative procedural. 2.administrative and preventive. 3. administrative-legal sanctions. At the same time, he notes that administrative-legal sanctions protect law and order and, through punishment, restoration and forced execution of a legal obligation, ensure real execution. Accordingly, they can be punitive, restorative and suppressive in nature. Under administrative and legal sanction Veremeenko I.I. proposes to understand the element of a norm of administrative law established for the purpose of its protection, containing an indication of those measures of state coercion that are applied to violators of this norm, fulfilling its role either as punishment, or restoration, or actual execution and applied, as a rule, in an administrative manner. In general, on the issue of classifying measures of administrative coercion in the science of administrative law, there are two main points of view (others are modifications of these two points of view). The first comes down to a two-part classification of administrative coercion: administrative penalties; other measures of administrative coercion. Nominated in the late 40s by Studenikin S.S., Yampolskaya T.A. etc. This classification is based on a formal sign - the presence of administrative sanctions. The second one was proposed by M.I. Eropkin in the late 50s and became most widespread. It talks about the existence of three types of measures of administrative coercion: suppression, penalties, warnings, and we will consider each measure of administrative coercion.
I . Administrative and preventive measures. Administrative preventive measures are an independent type of coercive measures, the purpose of which is to prevent crime and ensure public safety. Administrative preventive measures are strictly targeted and preventive in nature and are aimed at preventing the creation of illegal and other situations that pose a public danger. The basis for the application of administrative preventive measures is not an offense, but the occurrence of special conditions established by law.” Features of administrative and preventive measures: - Administrative and preventive measures are a means of protecting public order and safety. - Administrative and preventive measures are used to prevent the possibility of committing an offense. - As a rule, administrative and preventive measures are not related to the commission of an administrative offense. - Administrative - preventive measures precede the application of other measures. Administrative preventive measures include: - administrative supervision of persons released from prison; - personal search and inspection of things; - introduction of quarantine; - stopping the movement of vehicles and pedestrians in the event of a threat to public safety; - document verification and administrative inspection (when ensuring passport regime, for drivers of vehicles, in the border zone, etc.); - destruction of poor-quality food products; - restriction of the right to use water, etc. Administrative preventive measures act in the form of administrative restrictions (for example, the introduction of quarantine during epidemics and epizootics, etc.) or in the form of certain administrative actions in relation to a particular category of organizations and persons (for example, inspection). Characteristic features of personal search and search of things. It is carried out by an authorized official (internal affairs department, customs, etc.), as a rule, in the presence of two witnesses and an inspected person of the same sex, but the law allows an inspection without an inspected person “in urgent cases.” Regarding the inspection, the law obliges to draw up a protocol or an appropriate inscription. Let us dwell in more detail on such a preventive measure as supervision of persons released from prison. This measure is entrusted to the internal affairs bodies (OVD) Art. 11 of the Law on Police, and is regulated by the Decree of the Presidium of the Supreme Court of the USSR dated July 26, 1966. Control is carried out with the aim of monitoring the behavior of persons with previous convictions and providing them with the necessary educational influence in order to prevent them from committing new offenses. Administrative supervision can be applied to the following persons : - especially dangerous recidivists, - convicted of serious crimes, - convicted two or more times, or paroled early and have committed a crime again if their behavior indicates a persistent reluctance to take the path of correction, - if after release the person systematically violates public order. Deadlines Administrative supervision can be established for a period of six months to one year, and under certain conditions the internal affairs of law can be extended with notification to the prosecutor for a period of six months each time. Administrative supervision is associated with limiting the administrative status of supervised persons and assigning certain responsibilities to them. - supervised persons persons are required to appear before the internal affairs bodies at the specified time and date. - notify about a change of place of residence, work, etc. Special restrictions: - prohibition of leaving home at a certain time, - prohibition of staying in certain places, - prohibition of traveling outside the city on personal business, - obligation to report to the internal affairs bodies. The resolution on the establishment of administrative supervision is handed over to the supervised person against signature. Grounds for termination of administrative supervision: - at the end of the term, - ahead of schedule, - in case of expungement or removal of a criminal record. A special resolution is issued on the termination of administrative supervision. So, administrative warning measures are a type of administrative coercive means of influence. Their main feature is a clearly defined preventive nature, which makes it possible to use these measures to prevent crime and ensure public safety in specific conditions when a known threat is created to the interests of society. At the same time, administrative warning measures are applied in the absence of offenses, in special or emergency circumstances. There are no real offenses, but they may appear if administrative warning measures are not applied, which allows them to be the most important means of preventing administrative and other offenses.
II . Administrative measures of restraint, their characteristics and types. Administrative measures of restraint are used as a means of forcibly stopping offenses and preventing their harmful consequences. These measures are aimed at forcing the cessation of illegal behavior, preventing and eliminating its harmful consequences, and creating conditions for the possible bringing of perpetrators to administrative responsibility. In terms of their purpose, administrative measures differ from administrative penalties and administrative preventive measures. Their main goal is to stop unlawful behavior, eliminate an unlawful situation, and force the offender to behave lawfully, within the established rules. In contrast to administrative and preventive measures, preventive measures are applied in connection with offenses committed and to the subjects who committed them. This point of view is shared by V.E. Sevryugin, who argues that preventive measures are applied only in the presence of offenses, and how all coercive means are a reaction to unlawful actions provided for by law. In some cases, a specific unlawful action, behavior, or course of action is stopped. In other cases, the basis for applying a preventive measure is a specific administrative act, for example, petty hooliganism, and thirdly, systematic violations, an antisocial lifestyle (for example, prostitution or appearing in public places while drunk). Some authors believe that administrative measures can be applied both in the presence and absence of offenses. In all cases they are a means of protection. Social relations from cash or possible attacks on them. The main purpose of preventive measures in the system of law enforcement means is to force the cessation of illegal actions. Preventing them with preventive measures brings the latter closer to administrative and preventive measures. L.L. Popov and A.P. Shergin reasonably note: “Of course, by means of preventive measures, public relations are protected from offenses; moreover, the implementation of this task is the main purpose of some of them - the detention of violators, etc. However, certain measures of administrative restraint may be applied in the absence of a guilty illegal act. These are compulsory actions that suppress the socially dangerous activities of the mentally ill and minors” (see L.L. Popov, A.P. Shergin, Management, citizen, responsibility, p. 31). But unlike the latter, the basis for applying preventive measures is not a possible, but an immediate danger that threatens relations protected by administrative law. Administrative preventive measures can be applied both independently (closing a public catering establishment due to the unsanitary condition) and in conjunction with administrative penalties , at the same time, they provide the possibility of recovery and, as a rule, precede them (detention of a violator of public order with the subsequent imposition of an administrative fine on him). Based on the above, we can highlight the following features of administrative restraint measures: - are used to immediately suppress violations of the law - are strong-willed and quite harsh in nature - are, as a rule, of a short temporary nature - applied by various executive bodies Administrative restraint measures are diverse. This. according to V.E. Sevryugin, this is due to the fact that in different conditions, in relation to different subjects, different government bodies must use the most effective means to stop antisocial actions. Administrative restraint measures are used not only to protect the interests of society, but also to protect the interests, health, and life of the offender himself (for example, driving while drunk, etc.). In the administrative legal literature there are various lists of administrative restraint measures. So, Pikotin M.I. classifies the following as administrative-preventive measures: - Detention is used as a means of stopping an offense (for example, behavior that offends public morality) to deliver the offender to the police, establish identity and draw up a protocol (act) on the offense. - Arrest and seizure of property are applied to objects in illegal possession (for example, illegal means of hunting, fishing). - Suspension of work can be applied to enterprises that allow such violations of the established operating procedures that threaten the health and lives of people (for example, safety rules, fire safety and sanitary rules .) A special case of such suspension is the cessation of operation of vehicles whose technical condition poses a threat to traffic safety. - Temporary suspension from work is used as a means of administrative restraint in relation to persons whose health status threatens others, as well as in relation to drivers of vehicles who are intoxicated. - Demands to stop unlawful behavior can be applied by authorized authorities if such behavior is detected (violations of public order, etc.) This kind of requirement is legally binding, its failure to comply entails appropriate liability. - Elimination of the results of unlawful actions is a means of restoring the situation that existed before such actions. An example is the demolition of unauthorized buildings. Compulsory treatment can be used against persons suffering from sexually transmitted diseases, AIDS, mentally ill people who have committed socially dangerous acts. A number of authors (Eropkin M.I.) consider the use of weapons to be one of the measures of administrative restraint. Sevryugin V.E. believes that this is not so, arguing that firearms can only be used against persons who have committed a crime, and, moreover, a serious crime. Therefore, the use of weapons is a measure of criminal rather than administrative coercion. Another thing is that organizational issues of using service firearms are regulated by departmental administrative acts: orders, service regulations. But where the rules for the use of weapons are written down, the factual and legal grounds do not change, and therefore the use of the latter against persons committing administrative offenses is illegal and is a gross violation of the law. Let us dwell in more detail on the administrative detention of citizens (Article 27.3 of the Administrative Code of the Russian Federation The general basis for administrative detention is an administrative offense. In addition to the general prerequisite of committing an offense, one of the following conditions (additional) is necessary for detention: - the presence of serious grounds to assume that active illegal actions will continue, that the offender may cause damage to public interests, other citizens, or himself; - inability to draw up a protocol on the offense and other documents directly on the spot (the identity of the culprit has not been established, a medical examination needs to be carried out, etc.); - refusal to pay a fine on the spot or sign the receipt book and indicate your address if there are no witnesses who can provide the necessary information about the violator. Administrative detention is an administrative procedural measure applied in connection with the commission of an offense and consists of a short-term restriction of the offender’s freedom. The main normative acts regulating detention include the Law of April 18, 1991 “On the Police,” which states that the police are given the right to detain persons who have committed violations entailing administrative liability. Chapter 27 of the Code of Administrative Offenses of the Russian Federation specifies cases in which Administrative detention of a person is allowed in order to suppress administrative offenses. An administrative offense is one that encroaches on state or public order, property, rights and freedoms of citizens, the established order of government, an unlawful, guilty intentional or careless action or inaction, for which the legislation provides for administrative liability (Article 2.1 of the Code of Administrative Offenses of the Russian Federation). Administrative detention is not Foreign citizens enjoying diplomatic immunity are subject to this. As a rule, administrative detention does not apply to military personnel and employees of internal affairs bodies, as well as to deputies, judges and prosecutors. Administrative detention should be distinguished from personal detention of persons suspected of committing criminal acts. The latter is carried out in cases directly provided for by criminal law: Inquiry authority has the right to detain a person suspected of committing a crime for which a sentence of imprisonment may be imposed, only if there is one of the following grounds: - when this person is caught immediately after committing it; - when eyewitnesses, including victims, directly indicate on a given person as having committed a crime; - when obvious traces of a crime are found on the suspect or his clothes, on him or in his home (Criminal Procedure Code). Detention is made if an offense has been committed and there are at least one of the above-mentioned additional conditions necessary for : - drawing up protocols; - ensuring timely and correct consideration of the case; - ensuring the execution of a decision in a case of an administrative offense. Administrative detention on the grounds, purposes and terms is divided into two groups: detention on a general basis and special types of detention. Special detention lasts longer term than the general one, therefore it can only be carried out if a person commits a certain offense directly specified in the law (for example, petty hooliganism. )Detention on a general basis usually includes detention that is carried out by police officers for a period of no more than three hours, and detainees are kept in a duty room or other office premises. The legislation establishes several special types of administrative detention, among them such as: - detention of persons in in a state of intoxication; - detention of persons who have committed petty hooliganism; - detention of persons evading appearance in court, which is considering the case of the offenses they have committed; - detention of border regime violators. In general, administrative punitive measures are aimed at the forced cessation of illegal behavior, if any offenses. During the process of detention, the offender may resist, for which the legislator, in certain cases, allows the use of special means, including weapons. Therefore, we will dwell in more detail on such a cutting measure as direct impact using special means. The use of special means is regulated by Art. 14 and firearms art. 15 of the Law on Police. The policeman has the right to use the following special means: - rubber truncheons - handcuffs - tear gas - light and sound means of distraction - means of breaking barriers - means of forcibly stopping transport - special coloring means In the following cases: - to repel attacks on citizens and police officers. - to suppress resistance. - to detain a person caught in the act of a crime, and other cases. It is prohibited to use special means against women, as well as persons with obvious signs of disability and minors, provided that these persons do not resist. Application to the use of firearms as a preventive measure. The use of firearms is the most serious preventive measure, which can lead to bodily harm and death, therefore additional guarantees of legality have been established: a police officer is obliged in each case of the use of weapons to provide a report to the head of the police department at the place of duty within 24 hours from the moment of its use. Each time, as a result of official checks, the legality of the use of weapons is verified. An official inspection is ordered when someone has suffered physical or property harm, or a complaint has been received about the corresponding actions of a police officer, or a criminal case has been initiated regarding the use of firearms. The prosecutor must be notified of all cases of death or injury. Art. 15 of the Law on Police. Police officers have the right to use firearms in the following cases: - to protect citizens from an attack dangerous to life and health - to repel an attack on a police officer, as well as to repel an attempt to seize his weapon - to free hostages - to detain a person caught in the act of committing a crime - to prevent an escape from custody - to stop a vehicle by damaging it, if the driver creates a real danger to the life and health of people and refuses to stop - to protect citizens from the threat of attack by dangerous animals - to warn of intentions to use weapons It is prohibited to use special means against women, as well as persons with obvious signs of disability and minors, provided that these persons do not resist. III . Penalty measures. Administrative penalties are a type of legal (administrative) liability applied for the commission of certain offenses. An administrative penalty is a measure of responsibility and is applied for the purpose of educating a person who has committed an administrative offense in the spirit of a law-abiding citizen, as well as preventing new offenses, both by the offender himself and by other persons. Administrative penalties occupy a special place in the system of administrative coercive measures. Their peculiarity is as follows: - they have a clearly sanctioned character, which makes them different from other types of administrative coercive measures that do not have this quality; - the educational impact of their use is the highest, since it is achieved in a simple, quick and visual way; - penalties can be applied not only by government bodies, but also by other law enforcement entities; - all administrative penalties are imposed on the basis of a special individual management act - a resolution or decision; - the imposition of administrative penalties is carried out by authorized police bodies in a certain procedural order, which takes into account the nature of the offense committed, the identity of the offender, the degree of his guilt, property status, circumstances, mitigating and aggravating liability. They are an effective means of implementing the institution of responsibility, which is understood as the obligation of a citizen or official to give an account of his unlawful behavior in the field of public administration and to be punished in the form of an administrative penalty. The system of administrative penalties is understood as a list of types of punishments that vary in severity and legal consequences. Currently, the following administrative and punitive measures are used: 1. Measures of moral influence. They are associated with minor offenses, usually committed by people accidentally and without any persistent antisocial attitudes. These include warning.2. Measures of personal influence. They consist of limiting subjective rights and imposing certain penalties on the violator. In accordance with Art. 3.2. The Code of Administrative Offenses of the Russian Federation distinguishes the following types of administrative penalties: - warning (Article 3.4.); - fine (Article 3.5.); - paid seizure of an item that was an instrument or direct object of an administrative offense (Article 3.6.); - confiscation of an object that was an instrument or direct object of an administrative offense (Article 3.7.); - deprivation of a special right granted to a given citizen (the right to drive vehicles, hunting rights (Article 3.8.); - administrative arrest ( Art. 3.9.); - expulsion from the Russian Federation of foreign citizens and stateless persons for committing administrative offenses (Art. 3.10.); - disqualification (Art. 3.11.). So, an administrative penalty is a punitive measure applied by authorized then by state bodies (officials), and in cases provided for by law by courts (magistrates). conclusion
In terms of work motivation, our economy is at the stage of solving a problem that has already been solved in Western society as a whole. In the global process of development of work motivation, we are at different stages in comparison. In a general civilizational plan, the logic of the development of motivation for people’s labor behavior is as follows - from direct, physical coercion (slave-owning and partly feudal society) to stimulation (partly feudal and generally capitalist society) and subsequently to direct motivation of labor by labor, that is, it corresponds to the scheme: "Coercion - Stimulation - Direct Motivation"
Coercion is based on the mechanism of a person’s fear of worsening the satisfaction of already satisfied needs. Stimulation at its core contains the hope of improving the satisfaction of existing but insufficiently satisfied needs.
Direct motivation is based on satisfaction with the content, process and meaning, the significance of work. According to R. Sprenger, this is motivation by the natural order of things. Its formula is “everything that is done by society is needed by someone,” and no other justification is required.
Western economies, having achieved a high level of labor productivity, provided their workers with a sufficiently high level of satisfaction of their most important material needs and thereby created conditions for the relative independence of workers from the economic characteristics of their existence. Therefore, at present, the main motivators of the work of a Western worker are beginning to move from the economic sphere to the psychological and social sphere. In choosing and maintaining a job there, the interests of the content and process of labor, the social significance of the work, and other factors begin to prevail. The West is currently solving motivational problems at the transition “stimulation - direct motivation”. While we are at the stage of transition “coercion - stimulation”. This, in our opinion, is the main difference in the content of motivational tasks solved by domestic and Western management.
Now specialists in the West are solving the problem of using non-economic reserves to increase the labor productivity of workers. Thus, not only in theoretical terms, the possibilities of ideological support for motivating employees of business structures are well presented in Western literature. The formulation of the organization's mission, vision (image of its future), declaration of values, credo, ethical codes, the use of corporate stories and myths, development of the ideology of socially responsible marketing and management, etc., are designed to fill the activities of people in the organization with meaning.
Currently, management theorists in the West are actively developing other, even more hidden reserves of motivation - emotional ones. The possibilities of emotional influence of superiors on subordinates are explored in order to arouse their enthusiasm, inspire them with the greatness of tasks, and inspire them by their own example. The concept of emotional intelligence and leadership is being developed. For us, in accordance with our historical situation, the task is still different - liberation from ineffective, inherently obsolete, forced forms of motivation, which, due to the inertia of mental processes and the difficult fate of Russia, have lingered in our lives.
Thus, we often do not notice that the first means we resort to when we need to induce someone to do something if they disagree is forceful pressure: we demand, order, threaten and only then remember that we can compromise , come to an agreement, use softer means - connect the task being performed with the person’s interest, encourage, convince, captivate. And for good reason.
Habit of coercion
Coercion has long been part of our blood and flesh. Everyone is coerced, they are coerced in everything, they are coerced everywhere - at work, at home, in the family, at school, at college, in the army, in sports, etc. Yu. Korkhov was the first to say loudly in the late 80s. about this peculiarity of ours, he wrote that a web of coercion has entangled our lives. It has become an ordinary, integral element of it, to which we are so accustomed that sometimes we don’t even notice. He wrote that each of us is enmeshed in a huge number of responsibilities, starting with social work, attending numerous meetings, meetings, seminars, engaging in almost all types of socially necessary work, working wherever we are sent: agricultural work, city improvement work, participation in any subbotniks and Sundays, in the organization of elections, duty as a vigilante and ending with the obligation to participate in various demonstrations and processions, in purchasing theater or football tickets distributed according to the order, etc. And you must do all this, must and should - regardless of whether you see the point in it.
Summarizing the extensive list given, the author quite reasonably concludes that “almost each of the listed items individually seems to correspond to the image of a conscious person - necessary, reasonable, useful. But all together, as a set of duties, they leave us no choice and represent an absurd chain of all-pervasive coercion.”
Meanwhile, no matter in what field of activity and in what form coercion is carried out, behind it there is always the same thing - its essence: punishment or the threat of punishment. Threat of deterioration in satisfaction of needs. A threat to material well-being, moral well-being, a threat to honor and dignity, a threat to health and, ultimately, a threat to life.
Coercion can be based not only on a threat to us directly, but also on a threat to other people close to us - our children, relatives, a threat to our team, our enterprise. It all depends on the scale of coercion. Our history provides ominous examples when coercion took on literally universal proportions. It was then that it implanted in large masses of people its constant psychological correlate - fear, almost animal fear, which makes this method of motivation universal and almost fail-safe. And we still submit almost resignedly to even the most absurd demands. The question arises: “How did this happen? Why does a feeling of guilt and slavish obedience live in us? Why, even in the sphere of labor in Russia, is it often not the economic interests of people that prevail, but other, avoidant, lumpen motives?”
Of course, this is connected with the entire Russian history from its very beginning. All countries and peoples began with coercion... But as they developed, they switched to more effective, soft economic means of motivation. In Russia, this natural process of progress in labor motivation was stopped by the socialist experiment - stopping the natural process of increasing the living standards of the country's citizens. At the same time, the accumulation of wealth began to be carried out only in the hands of the state. We all became citizens without property, which means without rights and without internal responsibility.
But there is nothing to take from the poor population, and therefore, in the field of motivation, the authorities had to return to feudalism - to administrative and physical coercion. As a result, in comparison with our historical age, we are even further behind modern motivational processes.
How did this happen?
Meanwhile, the experience of regulating people's behavior with the help of economic sanctions instead of direct coercion already existed in our pre-revolutionary history. There was no need to put people in prison for any reason; they could have been punished with a ruble. To verify this and adopt best practices in this area, it is enough to look at the archives of old large Russian enterprises.
Table 1. Penalties from workers of the Tver plant of the joint-stock company Russian-Baltic Carriage Works (extracted from the table of penalties), 1915.
For example, from the report card of penalties from workers of the Tver Carriage Works, it follows that in the hands of managers, starting with foremen and timekeepers, there was a clearly regulated and flexible system of economic sanctions, which made it possible to maintain labor discipline at their sites at an acceptable level.
At the same time, there was no need to threaten employees with reprimands, dismissal or prosecution. This was self-evident when the violations reached the appropriate level of severity.
This was the case before the revolution. Then, due to the disruption of monetary circulation, devastation and the food crisis in the country, enterprises switched to natural forms of remuneration. Accordingly, fines were carried out in kind.
Thus, in the 20s, when the main types of misconduct at the Tver Carriage Works became absenteeism among skilled workers, the leading form of fines became deductions from food rations.
Moreover, if the fine for baked goods was already withheld for absenteeism on 1 day, and then approached a direct arithmetic progression in increments of 1.25 pounds per day, then fines for other products - salt, coffee, tea, onions, etc. - are levied when more significant absenteeism in 4-5 days. The most rare was the fine of meat - it can only be found when absenteeism for more than 15 days.
Later, due to the deepening food crisis in the country, food rations began to be replaced by the distribution of industrial goods. Low prices for the plant's products and limited bonuses made it impossible to retain workers at the plant.
The shortcomings of remuneration systems that emerged with the advent of Soviet power increased the importance of coercive measures in the labor sphere. At the same time, the increasing impoverishment of workers led to a reduction in the list of offenses contained in the “Table of Penalties” - there was nothing to take from them in the form of fines! Accordingly, labor discipline fell. Therefore, in addition to ensuring a minimum level of discipline, the purpose of punishment during the period of war communism was to secure workers in enterprises. By that time, the Decree on the procedure for universal labor conscription had been adopted. The fight against the so-called labor deserters began. These included, as a rule, skilled workers, who often moved from one enterprise to another, or tried to “evade labor service,” that is, leave the enterprise. For such actions they were forcibly assigned to a specific department at the plant.
Special permission was required to dismiss specialists. “Deserters included that part of the workers who, in search of better living conditions and food security, voluntarily left enterprises, moving from place to place. The plant administration waged a systematic, systematic, persistent fight against labor desertion, in particular by publishing penal lists of deserters, creating penal work teams from deserters and, finally, imprisoning them in
concentration camp.
In order to more effectively secure employees at the enterprise, labor lists have been introduced since 1926. The labor list included general data based on documents, information about the service, both from the beginning of the employee’s career until the completion of the labor list, and during his further work.”
Since 1920, the Tver Carriage Works began to use prisoner labor... Thus, as economic methods of motivation died out in the process described, they were replaced by means of direct coercion - universal labor conscription, assignment of workers to the enterprise and workplace, work books, etc. .
Of course, in Soviet Russia, direct coercion was supplemented by a completely new element of motivation for history - a colossal ideological indoctrination, essentially related to the direct motivation of labor by labor, its social significance, etc. The result was something unique and, as historical experience has shown, , an unviable symbiosis of feudalism with socialism (without capitalism), coercion with direct motivation (without incentives).
1. It is appropriate to note here that, for all that, coercion is perhaps the least studied means of controlling people.
2. For example, the bonus amount was limited to 200%. A limit was also established on the overall level of employee wages. This anti-economic measure essentially lasted throughout the Soviet era. The reasons for the establishment of such an economic brake were the desire to reduce losses from shortcomings in the regulation and organization of labor, and most of all, a conscious intention to limit the income of the population to a certain level that would not allow them to become rich. The Soviet government did not need wealthy citizens. For a wealthy man is a free man. They are difficult to manage.
3. From then on, work in the public sector in the USSR became a duty, for failure to fulfill which a person could be prosecuted by law (for parasitism). Labor activity has become forced by definition. As already mentioned, work in the household, providing for families, and raising children began to be considered second-class labor.
4. Labor lists are the historical beginning of labor records.
5. True, persistent critics of excessive rationalization of a person argue that for this it is necessary that his temptation should not be very great, that is, the limited action would not be very attractive, and the fear of future punishment is great, and, most importantly, that the subject of control should be able to sufficient control and self-government.
A good example of the lack of alternative to solving motivational problems in situations where economic levers are excluded is the note of V.I. Lenin: “... and Ilyina... and the entire factory of this plant... and the entire composition of the command cell... we declare the culprits... and we declare a severe reprimand and public censure, with a warning that only for the first time we will punish so mildly, and from now on we will put the trade union and communist bastard (the court, perhaps, to put it mildly) in prison mercilessly for this.”
So, there is only one alternative - either public censure or prison. There is no third. Perhaps in the situation of the civil war this was justified, but then this ideology led to a totalitarian solution of motivational problems in all spheres of social life, including in the economy.
Assessment of coercion as a method of motivation
Assessing coercion as a means of managing people, it should be noted that it has considerable managerial advantages. Coercion is as economical as possible - to implement it you do not need any material resources, it is enough to have a “firm character”.
It is simple and universal - it does not require an individual approach to subordinates. In addition, any person wants to live in peace, does not like suffering, conflicts, will prefer pleasure to deprivation, and as long as he is alive, there will be something to take away from him. In the end, coercion is as immediate as possible (you can punish immediately, “here and now”). It is these advantages that explain why coercion lingers for a long time even where there is no longer an objective need for it.
The disadvantages of coercion as a method of motivation lie mainly in the psychological and social spheres of society. As a result of its excessive and long-term influence, people change in a negative direction: they develop passivity, uncertainty, depression, denial of their dignity, and often servility, servility, sycophancy, self-centeredness, cunning, and pettiness. There is a primitivization of the individual (as a result of the lack of high social orders), alienation of workers from work, society, and themselves.
However, it is obvious that in certain conditions coercion is acceptable and, moreover, necessary. Most likely, it is impossible to effectively manage people in production without a clearly developed system of punishments. However, punishments should always be present as a potential for managerial influence, but used in extreme cases. They must perform a warning stop function.
But if it is necessary, and to the extent that it is required, to resort to coercion, then this must be done skillfully, namely in such a way as to reduce as much as possible the associated negative effects and consequences. To do this, it is necessary to understand the specifics of individual types and forms of coercion. In our opinion, it is advisable to distinguish the following types of coercion - personalized and institutionalized (anonymous); coercion “from above” and coercion “from below”; state, administrative (departmental) and public; individual and group; based on the absolute deterioration in the satisfaction of needs, based on the relative deterioration in the satisfaction of needs in comparison with what was expected, and based on the relative deterioration in the satisfaction of needs in comparison with other people; physical, economic, administrative, technological, political (ideological), mental (psychological) and moral (moral); direct and indirect.
In turn, forms of organization of coercion can be classified on the following grounds: according to the degree of regulation - regulated (coercion according to rules) and unregulated (without rules, arbitrariness); according to the moment of application of punishment - coercion-threat, coercion-reinforcement and coercion-punishment (retribution); according to the degree of openness - open and hidden.
In this case, it is worth paying attention first of all to the differences between regulated and unregulated coercion. Here we should proceed from the fact that the introduction of clear rules of behavior and rules of punishment in general helps to reduce the psychological and social costs of this method of motivation. For when a person knows for certain what can be done and what cannot be done, and, moreover, is informed in detail about the consequences of non-fulfillment, improper fulfillment or violation of the rules, then he is largely free in his choice. He knows exactly what needs to be done in order to avoid punishment, and can fulfill what is required or break the rule, fully agreeing to the punishment. Arbitrariness leaves him in a state of ignorance of what and what may follow.
The high uncertainty of the situation gives rise, on the one hand, to a constant fear of being punished and experiencing trouble, and on the other hand, the desire to guess the development of events and quickly find one’s bearings. As a result, the subordinate’s attention is strongly directed to the person exercising power, which causes a desire to predict his behavior, plans, catch his whims, creates constant restlessness and the desire to serve the one on whom everything depends. This is how an inferiority complex of subordinates and a superiority and permissiveness complex of superiors are formed.
It is also necessary to clearly understand the differences in coercion according to the time of execution of punishment: coercion-threat (the nature of the punishment is known in advance), coercion reinforcement (punishment is carried out at the moment the condemned act is carried out, and it can be stopped immediately) and coercion-punishment (punishment is carried out after a relatively long period time after the commission of an offense, when, in essence, nothing can be changed).
The timing of punishment is very important for a person's motivation. If the very moment of committing an undesirable action is such, then it (the action) tends to curtail. These are the laws of reaction to the negative impact of all life on earth. In turn, if information about punishment is received by a person before committing an act, then according to the laws of predicting the development of events, he can be afraid of negative consequences and protect himself from an offense.
And finally, if a person received punishment some time after committing an offense, then the person’s mind and experience are also included here. However, other factors also begin to play a role - his determination of what he received the punishment for, assessment of the fairness of the punishment, comparison with behavior in a similar situation and reaction to the punishment of other people, his ability to avoid punishment in the future, etc.
In order to become an act of human control, delayed negative reinforcement must go through the stage of comprehension in the mind. Behavioral theory considers this a major drawback of punishment, which leads to completely unpredictable reactions of the control object, and punishment of this kind itself is completely unsatisfactory in terms of final results.
Karen Pryor, a practicing behavioral scientist from the United States, puts it bluntly: punishment is the method preferred by everyone, although it almost never works.
According to the behaviorist point of view, when the behavior being punished is more or less important to the person and he wants to continue it, then punishment and threats teach him only to avoid getting caught. According to psychologists of this scientific direction, punishment can successfully stop any behavior only if, in addition to what is mentioned above, this behavior is noticed early and it has not turned into an ingrained habit. That is, if the punishment itself is news for the pupil, a surprise to which he has not yet lost sensitivity.
Therefore, it is necessary to look for any opportunity to interrupt the unwanted action of the control object at the moment of its implementation. This principle works in the behavior modification technology of S. Latens and R. Kreitner.
Reduce the overall scope of coercion
But in the end, the most important task of our society in the field of motivation is to purposefully reduce the volume of coercive measures on people. To do this, it is worth first of all to conduct a kind of inventory of controls to assess their actual feasibility. The fact is that many formidable restrictive and disciplinary acts, which were once justified, tend to linger in the arsenal of enterprise resources and slow down subsequent processes. Therefore, it is necessary to carry out targeted cleaning from time to time.
In addition, we are known to have a tendency to overinstruct. According to the laws of emotional response, we respond too zealously to events (people’s misdeeds, accidents, natural disasters) and create overly categorical instructions in order to prevent the occurrence of these events in the future. And thereby we produce unnecessary legal acts, that is, those that, if everything is followed exactly, production will become impossible. It is known that overinstruction is just as harmful to management as underinstruction. If under-instruction threatens the appearance of errors due to ignorance, then over-instruction stops activity and independence and leads to the habit of dividing the rules into those that certainly must be followed and those that can not be followed due to their lack of vitality and, in general, to neglect of instructions.
In order to carry out an inventory systematically, you can focus on the following list of operational features and indicators of coercion:
- the presence of various prohibitions, rules, instructions, regulations;
- the presence of orders, instructions, requirements, resolutions, circulars, decisions, decrees, laws;
- an indication of responsibility, duties, duty, higher interests, a reminder of them;
- the requirement to restore order, discipline, calls for them;
- availability of various lists of people for control, recording of presence somewhere;
- accounting and control in general;
- announcement of the priority in performing something (duty, cleaning the premises, visiting something, etc.);
- presence of threats in written and oral form, loud voice, commanding tone, threat with a finger, fist;
- swearing, screaming, physical, armed attack, hostilities, fighting, causing pain, physical and moral damage, etc.;
- a hint of any unpleasant consequences, circumstances, past mistakes and debts with a simultaneous request for something, blackmail, extortion, etc.
When such an indicator is discovered, it is worth asking the question - how widespread is it and how necessary or acceptable is the corresponding phenomenon, and whether it is possible to refuse it. Excessive severity is also harmful.
The next step in getting rid of the web of coercion would be to move from coercive to incentive measures. Each time you need to ask yourself the question anew - is it possible to solve this motivational problem using positive methods of encouragement and explanation (clarification, persuasion)?
If the answer is the impossibility or insufficiency of avoiding punishments, then they should at least be transferred into an economic channel. Economic coercion is based on the threat of deterioration or deterioration in the satisfaction of a person’s material needs, a decrease in the level of his material security, and ultimately is fraught with loss of livelihood. Economic coercion is not as harsh as physical coercion. It leaves a person time to think, gives the opportunity to show a certain measure of independence, independence, originality, and provides a greater sense of freedom. For it does not have the same urgency as physical coercion.
For the sake of preserving his independence, maintaining his own unshakable principles, and preserving his dignity, a person can accept large material losses and a temporary decrease in his standard of living. The opportunity to “save face” stems from the opportunity allowed by economic coercion to avoid the first, most difficult phase of coercion—the “lowering” phase. Take away all material goods from a person - he can retain his pride and self-esteem, start all over again, be satisfied with the minimum, etc. At least for a while...
Despite all its gentleness, economic coercion is, in its essence, urgent over large periods of time. The needs it affects are urgent and ultimately require their satisfaction. The leash of material dependence on which we all walk, even the proudest of us, is long and leaves a lot of freedom for movement. But it is very reliable, because it reflects man’s dependence primarily on the material conditions of existence.
However, the use of a system of economic incentives can be restrained by the lack of material resources of the subject of management (he has nothing to give to the employee), and economic sanctions - by the poverty of the population (he has nothing to take away from him). Essentially, this very circumstance is the main reason that incentives as a leading method of motivating work can only be used in an environment that has achieved a sufficiently high level of well-being.
What is it today?
Today, the situation with work motivation is gradually changing. Thus, according to T. G. Ozernikova, the manifestation of forms of forced labor in modern conditions can be specified by the following characteristics:
- direct forced labor is practically absent;
- there is also no ideological coercion to work. “Value-normative chaos” and “value vacuum” arose;
- indirect economic coercion to work develops;
- certain elements of administrative coercion are retained;
- technological coercion to work persists and even intensifies.
We can agree with these characteristics of the current situation at the institutional level, the state level. As for the operational, and especially the individual level, here the changes should be assessed less optimistically. T. G. Ozernikova also notes that the decentralization of labor management in the context of reforms led to increased coercion to work at the enterprise level. This is due to the fact that in the late 90s. Long delays in wage payments, administrative unpaid leaves, mass layoffs, and a sharp deterioration in the situation of hired personnel have become widespread. The underdevelopment of the system of social and labor relations and the weakness of trade unions contribute to the assignment of negative social roles to hired workers.
Even more negative changes occurred at the individual level. In society, the scale of interpersonal violence and coercion has increased in many areas of life, not just work. This is especially noticeable in those areas that have not been affected by general motivational transformations, especially in the army.
The practice of applying economic sanctions instead of administrative coercion, for example, fines for production omissions and disciplinary violations, is also gradually expanding. The discipline system becomes simple and effective. The need for lengthy persuasion and threats of dismissal is eliminated. The principle is: “If you don’t want to pay, don’t be late!”
To summarize, we can say that in the field of work motivation, it seems to us that our society is more or less aware of the need to perform only one part of the work, namely the need to consciously expand economic incentives. The other part - the conscious limitation of forms of direct, immediate coercion - is not realized and, as it should, is not implemented. But these tasks are organically related to each other. Where coercive mechanisms have not been eliminated, the development of economic motivations naturally becomes difficult due to the inertia of public consciousness. Therefore, overcoming the forced inheritance of past times should be considered as the need to solve two independent problems.
The first is aimed at expanding economic initiative, the second should be aimed at eliminating long-standing forced blockages in the economy and throughout public life, that is, at creating the necessary conditions for solving the first task.
Literature
1. Sprenger R. Myths of motivation. Ways out of the deadlock: Per. with him. Kaluga: “Spiritual Knowledge”, 2004. 296 p.
2. Korkhov Yu. Web of Coercion. // New world. 1987. No. 5.
3. Bychkov S.Yu. Labor motivation at the Tver Carriage Works, 1915-1928. // Economic history. Review / Ed. L.I. Borodkina. Vol. 8. M., 2002. P. 23-39 (Page notes). http://www.hist.msu.ru/Labs/Ecohist/OB8/bychkov.htm
4. Lenin V.I. Full collection op. T. 54.
5. Proshkin B.G., Varshavskaya E.Ya. Current problems of the theory and practice of negative stimulation of labor behavior of workers / Izv. Siberian Branch of the USSR Academy of Sciences. Series "Economics and Applied Sociology". Issue 2. 1988. No. 8.
6. Pryor K. Don’t growl at the dog [Text] / K. Pryor. M: “Selena+”, 1995. 406 p.
7. Zankovsky A.N. Organizational psychology [Text]: Textbook for universities specializing in “Organizational psychology” / A.N. Zankovsky. 2nd ed. M.: “Flinta” - MPSI, 2002. 648 p.
8. Ozernikova T. Compulsion to work in a transitional economy // Questions of Economics. 2003. No. 9.
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Specialty - 12.00.01 - theory and history of law and state; history of doctrines about law and state
COERCION AS A METHOD OF IMPLEMENTATION
STATE AUTHORITY
TSYGANKOVA Evgenia Alekseevna
Moscow - 2010
I. GENERAL DESCRIPTION OF WORK
Relevance of the dissertation research topic due to the theoretical and practical significance of issues related to state coercion, which is a complex social and legal phenomenon. The problems of state coercion are closely related not only to the determination of methods for implementing social management, but also to the problems of ensuring public order, combating illegal acts, and protecting the rights of citizens, which at this stage of development of our society is of paramount importance. As the President of the Russian Federation D. A. Medvedev noted, the rules of law must be implemented on a voluntary basis, but we should not forget about the possibility of using coercion for their non-compliance http: // www.kremlin.ru / transcripts / 3943. A solid and scientifically substantiated legal basis for state coercion guarantees its effectiveness in strengthening the rule of law, ensuring individual rights, and protecting law and order.
There are two main methods of social control - persuasion and coercion. The latter plays a significant role, especially within the framework of law. The implementation of coercive influence can occur in order to prevent and suppress illegal acts, restore violated rights, and bring the perpetrators to legal responsibility. At the same time, there are many facts of illegal, unfounded violations of the procedure for applying coercive measures, including by internal affairs bodies. Coercion carried out within the framework of the law requires deeper study.
The dissertation attempts to study the essence and content of state coercion in the light of the implementation by public authorities of their powers, its role in maintaining law and order in the country and ensuring the rights of citizens. The main feature of state coercion is that it is of a public law nature and is applied by the relevant competent authorities. A necessary condition for successfully solving the problems of implementing state coercion is the correct application of the legislation of the Russian Federation, which presupposes the need for a theoretical analysis of various coercive measures.
The formation of a rule-of-law state in Russia requires the consistent implementation of a number of fundamental principles. The most important of them are the principle of priority of human and civil rights and freedoms, the principle of legality. At the same time, the principle of inevitability of responsibility is violated; many unsolved, latent crimes remain when the necessary coercion is not implemented. No less important is the creation of legal guarantees in all spheres of public life. Finally, we should not forget about the legal culture of officials and the entire population.
The above confirms the timeliness of conducting a theoretical analysis of such a method of social management as coercion, since it creates the possibility of developing recommendations aimed at improving the law itself and its more effective application in the practical activities of executive and judicial authorities, and internal affairs bodies.
Degree of topic development. Problems of state coercion have already been the subject of research in general theoretical and industrial literature. Significant contributions to their development were made by such outstanding Russian thinkers as B. A. Kistyakovsky, N. M. Korkunov, P. I. Novgorodtsev, L. I. Petrazhitsky, E. N. Trubetskoy, B. N. Chicherin, G. F. Shershenevich and others.
Within the framework of the theory of law and state, such fundamental problems as the essence of law and state, principles of law, state power, ensuring the rule of law, patterns of emergence, functioning and development of legal consciousness and legal culture, which underlie the theory of state coercion, are reflected in the works of V.S. . Afanasyeva, V.K. Babaeva, S.V. Babaeva, M.I. Baitina, V.M. Baranova, N.V. Vitruka, A.I. Zinovieva, G.D. Kovaleva, M.I. Kovaleva, E.V. Kuznetsova, V.V. Lazareva, A.V. Malko, N.I. Matuzova, V.S. Nersesyants, V.E. Chirkina and others.
The works of such researchers as S.S. are devoted to consideration of issues of state coercion. Alekseev, V.D. Ardashkin, B.T. Bazylev, M.I. Baytin, S.N. Bratus, S.A. Komarov, D.A. Kerimov, S.N. Kozhevnikov, A.I. Kozulin, O.E. Leist, J.I. Hovsepyan, A.S. Puchnin, T.N. Radko, I. Rebane, V.V. Seregina, I.A. Speransky, V.M. Raw and other authors. In the works of the noted authors, important aspects of the essence and content of state coercion have been studied, and a number of definitions of the concept of “coercion” have been developed. It should be noted that in most works, issues of coercion are considered within the framework of the problem of legal liability.
In the industrial legal literature, there is a significant contribution to the development of this problem by scientists such as D.N. Bakhrakh, I.A. Galagan, A.I. Kaplunov, N.V. Makareiko, V.M. Manokhin, L.L. Popov, K.M. Sarsenov, L.B. Smirnov, M.S. Studenikina, A.P. Shergin et al.
Thus, to date, a wealth of legislative experience and practical material has been accumulated on issues related to the implementation of coercion. The need to systematize and comprehend this material in the light of the needs of theory and practice, and generalize the experience of the activities of the competent authorities in this direction, determine the feasibility of further scientific development of this issue.
The object of the dissertation research are social relations associated with state coercion and its implementation as a complex, multifaceted social and legal phenomenon necessary for the existence and progressive development of society.
Subject of dissertation research- the essence of state coercion, its main features, legal principles, forms, place and role in the activities of public authorities.
Purpose of the dissertation research consists in analyzing the main theoretical aspects of state coercion as a method of social management, the grounds and purposes of its application, and determining the significance in the activities of public authorities, including internal affairs bodies.
The subject and purpose of the study determined the range of interrelated problems, the solution of which formed the content of this work. Z dissertation goals:
Identification of the characteristics of social management and, on this basis, clarification of its definition;
Establishment of basic methods of social management;
Analysis of the essence and types of state coercion;
Study of legal principles of state coercion;
Determination of the features of legal relations of coercion;
Studying the place and role of state coercion in the activities of public authorities;
Analysis of criteria for classifying state coercion into individual measures (types, forms);
Study of the implementation of various types of coercion.
Methodological basis of the study constitute the provisions of materialist dialectics and the scientific methods of cognition of objective reality arising from them. In the process of research, general scientific, special scientific and special methods were used: logical (analysis, synthesis, abstraction, deduction, induction, etc.), systemic, formal legal, historical and legal, comparative legal, sociological, etc.
Theoretical basis of the study compiled the works of domestic and foreign scientists on the theory and history of state and law, constitutional, administrative, criminal, criminal procedural law, criminal executive, civil, civil procedural and other branch sciences, as well as philosophy, political science, sociology.
Regulatory basis of the study compiled the Constitution of the Russian Federation, Codes of the Russian Federation (Criminal, Civil, on administrative offenses, Criminal procedure, Arbitration, Customs, Tax, etc.), federal constitutional and federal laws (“On the police”, “On citizenship”, “On weapons” , “On a state of emergency”, “On the sanitary and epidemiological welfare of the population”, “On migration registration of foreign citizens and stateless persons in the Russian Federation”, etc.), the draft law “On the Police of the Russian Federation”.
Scientific novelty of the research is determined both by the formulation of the problem itself and by the approach to its research, taking into account the development of this topic.
The dissertation research carried out a comprehensive analysis of the essence of state coercion as a special state-legal phenomenon; for the first time, coercion was considered within the framework of legal relations; the author’s definition of the legal relationship of coercion was proposed; the definitions of state coercion and state-legal coercion have been clarified; a new approach to the concept of “coercion” and criteria for distinguishing it from coercion are proposed. The expediency of using the term “legal obligation to submit to state coercive measures” as one of the types of obligations in legal relations is substantiated. Two types of influence of the will of the subjects of relations on the emergence of coercive legal relations are identified (arising at the will of one of the subjects and against the will - on the basis of the law); a classification of state coercive measures is proposed; Various measures of state coercion (preventive, preventive and others) have been studied.
Main provisions submitted for defense:
1. Depending on the relationship with the law, it is proposed to consider legal and non-legal coercion. The legal is carried out either in accordance with legal laws, or is coercion “before the law”, while not contradicting it. Coercion carried out in violation of the law or its absence (illegal), or on the basis of illegal laws, will be illegal. The latter should be identified with violence. Legal coercion can be carried out by the state (state-legal coercion) or be delegated.
2. State-legal coercion is a type of social coercion, which consists of external physical, mental or other influence of state-authorized bodies, officials or other entities under the authority of the state on the will, consciousness and behavior of individuals and organizations through the use of unfavorable legal measures or threats of their use, expressed, as a rule, in moral or physical suffering that impose legal restrictions on the subject, in order to protect human and civil rights, ensure the rule of law and public order.
3. The legal relationship of coercion is a power relationship between an individual or legal entity (organization) subject to coercive measures, and the state represented by authorized bodies, based on a normative prescription (sometimes analogous to a law) and associated with the implementation of the protective function of the state.
4. Legal coercion is proposed to be classified:
By type of influence on the will of the coerced (mental, physical, property, organizational);
According to the target orientation (preventive, preventive, law-restorative, punitive, interim);
In relation to the law (legal (“before the law”; based on a legal law), non-legal (illegal; based on a non-legal law));
By mediation by law (state and public);
By forms of implementation (implemented in legal and non-legal forms);
Based on the grounds of application (criminal, administrative, disciplinary, civil, other);
For entities applying coercion (applied by government agencies, other entities on the basis of law, delegated);
For government bodies that apply coercion (carried out by the head of state, legislative, executive, judicial, control and supervisory bodies).
5. It is necessary to clarify the name of this type of legal obligation in a legal relationship, as the obligation to bear legal responsibility. Instead, it is advisable to use the more precise term “obligation to obey state coercive measures”, since, in addition to legal responsibility, subjects must undergo coercive measures of a preventive, preventive, restorative and other nature, which are not covered by the term “obligation to bear legal responsibility.”
Theoretical and practical significance of the research lies in the fact that the materials, scientific provisions and conclusions contained in the dissertation can influence the process of improving activities in the field of law enforcement, the fight against crime, and the administration of justice. In particular, in the process of lawmaking, they can serve as the basis for the adoption of appropriate changes in legislation in order to regulate in more detail the grounds and procedure for the use of coercion. Author's materials and conclusions can assist in the law enforcement activities of government agencies, including law enforcement. The dissertation research can serve as a scientific basis for further theoretical developments in the field of problems of application of state coercion both in the general theory of state and law, and in branch sciences. The results of the dissertation can be used in the educational process when giving lectures on the theory of state and law, administrative and criminal law.
Testing and implementation of research results. The main provisions, conclusions and proposals formulated in the study were reflected in 15 published works by the author, with a total volume of 5.7 pp. The results of the research were tested in the author’s speeches at conferences: scientific and practical conference “Prospects for the development of science and society at the beginning of the 3rd millennium” (Stavropol, 2006); 52nd scientific and methodological conference “Development trends of Russian legal science: current experience and real prospects” (Stavropol, 2007); II interregional scientific and practical conference “Russian civilization: past, present and future” (Stavropol, 2009); International scientific and practical conference “People in the education system: trends and prospects” (Sibai, 2010); II International Scientific and Practical Conference “Current Problems of Modern Russian Law” (Nevinnomyssk, 2010).
The results and main provisions of the study are introduced into the educational process in the disciplines “Theory of State and Law”, “Criminal Law”, “Administrative Law” at the Stavropol branch of the Krasnodar University of the Ministry of Internal Affairs of Russia, the North Caucasus Social Institute, and are also used in conducting information and educational work with the personnel of the Criminal Investigation Department of the Main Internal Affairs Directorate for the Stavropol Territory in order to increase the level of legal culture, strengthen the rule of law and discipline, and improve the professional training of employees of internal affairs bodies.
Structure and scope of work were determined in accordance with the purpose and objectives of the study, as well as the requirements for dissertation research. The dissertation consists of an introduction, two chapters including seven paragraphs, a conclusion, a bibliography and an appendix.
II. MAIN CONTENT OF THE WORK
state coercion power social
In the introduction the choice of the topic of the dissertation research, its relevance and significance for science and practice are justified, the object, subject, purpose and objectives of the research, the methodological, theoretical and normative basis of the research are determined, the scientific novelty, theoretical and practical significance of the work is revealed, the provisions submitted for defense are formulated, provides information about testing the research results.
In the first chapter “State coercion in the system of social management methods” the legal nature of social management is considered, the main methods by which it is carried out, the concept of coercion is highlighted, its role in theories of legal understanding, the relationship of state coercion with other related categories, the principles of implementing coercive measures are determined.
Individuals and their associations are in various social relations with each other. Coordination of their interests is carried out with the help of social norms, which act as standards and rules of human behavior. Social norms regulate the interaction of people in the sphere of material production, in social and political life. These include moral norms, customs, traditions, corporate, religious norms, and legal norms. The reality of management is ensured by such qualities as organization, responsibility, subordination, strength, will. Taken together, they form a new quality - the authority of management, i.e., endowing the subject of management activities with the necessary authority for the successful implementation of the management functions assigned to him.
Any state must carry out general social functions and act in the interests of the entire society. It is not only an instrument of suppression, a machine of domination of a certain class or social group, but also represents the entire society, is a means of unifying it. After all, power by its nature is a social phenomenon.
For the normal life of any society, a certain order and regulation of social relations are necessary, which are achieved through social norms that determine the nature of people’s behavior. However, these norms are valid only when they are met. The existence of such a social phenomenon as coercion, including state coercion, necessitates the need for each member of society to conform their actions to the rules of conduct established in it, as well as the possibility of adverse consequences in case of their violation.
When solving any problem, the state carries out law-making and establishes the types and amounts of coercive measures, the grounds for their application, determines the subjects of jurisdictional activities and their competence, the procedure for implementing coercion, and the rights of citizens to protection.
In the process of law enforcement, coercion is reduced to such influence, as a result of which a person behaves against his will, but in the interests of society and the state. The subject of law is forced to perform duties and comply with prohibitions. However, depending on specific historical conditions, the methods of government activity also change. In addition to coercion, the state also uses the method of persuasion.
Analyzing the opinions of scientists (S.V. Babaev, S.P. Bratus, V.G. Kapustyansky), the dissertation author comes to the conclusion that persuasion is a method of actively influencing the will and consciousness of people by ideological and moral means to form their views and ideas , based on an awareness of the social usefulness of power and its decisions.
Compulsion has traditionally been and is considered as one of the types of mental coercion. It seems that this is not entirely accurate.
According to the author, coercion can be interpreted as exerting a certain mental influence on the subject by issuing a rule of law prescribing directly or indirectly obligatory behavior of the subject in order to achieve a legal result.
In the very fact of the existence of a legal norm lies compulsion, since the norm has an imperative nature. Binding and prohibiting norms directly determine the responsibilities of the subjects, and empowering norms, due to the representative-binding nature of the norms, indirectly establish the responsibilities of the other party to the legal relationship. The sanctions of legal norms contain the threat of negative consequences in relation to subjects whose behavior does not meet these requirements. Coercion is only a legitimate threat of sanctions and only in the future. The criteria for distinguishing coercion from mental coercion are the target orientation, the nature of the emerging legal relations, the peculiarity of the subject composition, the degree of reality of the threat of using coercive measures. Thus, compulsion occupies an intermediate place between persuasion and coercion.
The meaning of the state implementing its functions through coercion, as a rule, is linked to the need to protect society and ensure the protection of citizens from unlawful attacks by individuals. A significant role is given to coercion as a means of preventing crime and restoring violated legal conditions.
Based on an analysis of the works of S. S. Alekseev, N. V. Makareiko, D. N. Bakhrakh, E. A. Satina, V. V. Lazarev, V. D. Perevalov, K. M. Sarsenov, V. V. Seregina’s dissertation author identifies the following signs of state-legal coercion. It is a type of social coercion; is based on the principles and norms of law; represents an external mental, physical, organizational or other impact on the consciousness, will and behavior of the subject; expressed in the form of various legal restrictions; used to strengthen the regime of legality and order in the state, protect the rights and legitimate interests of the individual, society, and state; carried out on the basis of strict legal procedure; is a specific form of law enforcement activity of specially authorized state bodies and officials. Outside and apart from legal forms, legitimate state coercion cannot exist.
The features of state-legal coercion highlighted above allow us to formulate its concept: this is a type of social coercion, which consists in the external physical, mental or other influence of state-authorized bodies, officials or other entities under the authority of the state on the will, consciousness and behavior of individuals and organizations through the use of unfavorable legal measures or the threat of their use, expressed, as a rule, in moral or physical suffering that imposes legal restrictions on the subject, in order to protect human and civil rights, ensure the rule of law and public order.
In a number of cases, state coercion can be carried out contrary to the law, i.e. be illegal. Such coercion should be associated with violence. Unlawful coercion occurs either when there is a violation of the law or its absence (unlawful), or when issuing and applying illegal laws. As an example of illegal coercion, one can cite the activities of fascist death camps, in which the extermination of people was put on an assembly line. An example of the use of coercion based on non-legal laws can be considered the Resolution of the Central Executive Committee and the Council of People's Commissars of the USSR of December 1, 1934 “On Amendments to the Current Criminal Procedure Codes of the Union Republics”, according to which the investigation and consideration of cases of terrorist organizations and terrorist acts against employees of the Soviet government was carried out within a period of no more than 10 days, the indictment was handed over to the accused one day before the trial of the case in court, the case was heard without the participation of the parties, without cassation appeal of the verdicts, filing petitions for pardon was not allowed, the sentence to capital punishment was carried out immediately upon delivery sentence.
With non-legal coercion, formal legal relations arise between the subjects carrying out coercion and the innocent, and at the same time, relations of legal responsibility for violators of the law arise, which may subsequently be realized (the Nuremberg trials), or may remain unrealized.
Legal is coercion carried out on the basis of legal laws, and coercion “before the law”, while not contradicting it (clause 2 of article 6 of the Civil Code of the Russian Federation, clause 1.1 of article 8 of the Civil Code of the Russian Federation).
The state is not able to protect absolutely all legal rights of participants in public relations and ensure that they fulfill all legal obligations. This dictates the need to vest a certain amount of rights to legal coercion to other participants in social relations. We are talking about delegated legal coercion. We can conclude that there is legal coercion that is not state (local government bodies, administrations of non-governmental organizations that carry out both law-making and law enforcement activities).
For a correct perception of such a sign of coercion as the removal of the will of the coerced, as well as in order to identify its other signs, it is necessary to distinguish coercion from a number of related concepts.
As noted earlier, along with coercion, there is a method of influencing the will of a person, such as persuasion, which is aimed at the same result, but does not remove, but changes the will of the person, as a result of which there is no need to apply coercion to him.
When influencing a person through persuasion, the person being influenced has the opportunity to choose one or another option for his behavior; he may or may not accept the demands of social norms, act in accordance with them or contrary to them. At the same time, the person being persuaded does not resist the influence exerted on him.
If coercion is applied to a person, his options for choosing a behavior are significantly narrowed, since this choice is largely determined by the person carrying out the coercion, and that is why the author believes that the will of the coerced person is limited. According to a survey of employees of internal affairs bodies, 78% of respondents believe that at present, taking into account the political, socio-economic situation, the level of legal consciousness of the population, the method of coercion has priority in the law enforcement activities of the state, 49% of employees who participated in the survey were in favor legislative tightening of liability in relation to a number of crimes and offenses.
Considering the principles of coercion, the dissertation author focuses on the principles of justice, the priority of human rights and freedoms, democracy, humanism, expediency, legality, formal equality, and inevitability.
For the study of coercion, the approach to the concept of law is of great importance. Having examined various concepts of legal understanding, the author concludes that it is advisable to use an integrated approach, which allows, on the one hand, to distinguish legal and non-legal laws, and on the other, determines the generally binding nature of the law and the regime of legality. At the same time, only the state can objectify the norms of law and recognize certain social relations as legal. Giving the law enforcement officer the opportunity to evaluate the law and not comply with it will inevitably lead to mass arbitrariness.
In the second chapter “Implementation of state coercive measures in the Russian Federation” the implementation of legal relations of coercion is examined, a classification of coercive measures is given, and coercive measures enshrined in Russian legislation are analyzed.
Having analyzed the opinions of scientists, the dissertation author concludes that one of the legal obligations is interpreted as the need to bear legal responsibility for failure to perform prescribed actions. These statements are controversial. The author believes that instead of the legal obligation to bear legal responsibility in a legal relationship, it is advisable to use the more precise term “obligation to obey measures of state coercion”, since, in addition to legal responsibility, subjects must undergo coercive measures of a preventive, preventive, restorative and other nature.
The legal relationship of coercion is considered as a power relationship between an individual or legal entity (organization) subject to coercive measures, and the state represented by authorized bodies, based on a normative prescription (sometimes analogous to a law) and associated with the implementation of the protective function of the state.
The author proposes to distinguish three types of influence of the will of the subject on the emergence of a legal relationship of coercion: 1) arising on the basis of the law on the initiative of a state body (delegated). Such a legal relationship occurs if the authority (official) has an alternative to using coercion or refrains from using it, or if the offender surrenders; 2) arising on the basis of law on the initiative of the other party; 3) arising strictly on the basis of the law.
Within the framework of legal relations of coercion, legal relations are considered: preventive, preventive, restorative, compulsory educational, compulsory medical, requisition-compulsory, law enforcement and legal relations of legal liability.
Analyzing compulsory medical legal relations, the author expresses the opinion that one of the subjects of these legal relations is an insane person. In this case, we are not talking about an incompetent citizen recognized as such by a court decision, but an insane one. In compulsory medical legal relations, the insane person becomes the subject of the relationship due to the complete absence of his will in the presence of two legal facts: the event of the person’s insanity and an unlawful action. Initially, relations of legal responsibility arise, however, the examination and the court’s recognition of the person’s insanity give rise to legal relations of a compulsory medical nature. The subject's legal obligation to undergo medical measures arises on the basis of a law enforcement act, i.e. court orders. The ability of an insane person to act as a subject of compulsory medical legal relations is confirmed by the adoption by the Constitutional Court of the Russian Federation of Resolution No. 13-P dated November 20, 2007, which recognizes Part 3 of Art. 433 Code of Criminal Procedure of the Russian Federation, art. 437, 438, art. 444 and a number of others, which do not allow persons against whom proceedings are being carried out on the application of compulsory medical measures to personally familiarize themselves with the materials of the criminal case, participate in the court hearing during its consideration, submit petitions, and appeal the procedural decisions taken in the case.
Legal relations of legal liability are power relations that develop between the state and the offender, within the framework of which legal liability is applied. The author joins the opinion of scientists (M.D. Shindyapina, V.V. Lazarev) that the legal relationship of legal responsibility arises at the moment of commission of an offense and ends, as a general rule, when the punishment assigned to the offender is implemented. It must be admitted that the resulting relationships of legal responsibility are not always implemented. Thus, in the case of holding persons accountable for committing illegal acts, it cannot be argued that they will actually bear legal responsibility, since in the processes of preliminary investigation and trial there is a possibility of decisions to terminate proceedings or acquit on the grounds specified in the law.
Legal relations, which are inherently procedural (procedural)-coercive, are considered as a form of implementation of material relations. At the same time, procedural (procedural) relations are active, have an authoritative nature and, because of this, ensure the dynamics of the underlying material legal relationship.
When studying measures of state coercion, the author defines them as separate groups of coercive measures, united by common goals, grounds, legal consequences and the procedure for their application.
Based on the nature of the influence (the type of influence on the will of the coerced), mental, physical, property and organizational coercion are distinguished.
According to their target orientation, it is generally accepted to divide government coercive measures into preventive, preventive, law-restorative, law-enforcement, and legal liability measures.
In relation to law, the author proposes to consider legal and non-legal coercion. In turn, it seems possible to subdivide the legal into coercion “before the law” and coercion based on the legal law. In non-legal coercion, it is advisable to distinguish between illegal and those based on non-legal law.
According to the forms of implementation, coercion is divided into those carried out in legal and non-legal forms; By mediation by law, it is classified into state coercion (enshrined in the rules of law, applied by government bodies) and public coercion (measures of public influence for violations of moral norms, traditions, and other social norms).
Based on the grounds of coercion, the following are considered: criminal law, administrative, disciplinary, civil law and others; in content - material and procedural coercion.
For subjects applying coercion, the author distinguishes coercion carried out by state bodies, other subjects on the basis of the law (for example, expulsion from a political party, application of disciplinary liability), delegated (for example, carried out by local governments), and for state bodies - coercion of the head of state , legislative, executive, judicial authorities, control and supervisory authorities.
Identification of the main criteria for classifying measures of state coercion made it possible to analyze those that cause debate.
Physical coercion is the most severe means of coercion associated with limiting a person’s physical capabilities, that is, personal integrity and freedom are affected. Physical coercion has a preventive focus (removal from driving a vehicle), can be used for preventive purposes (quarantine), to punish the offender - administrative arrest, imprisonment for a certain period, and also to restore a violated right - providing members of a housing cooperative with living quarters due to the demolition of the house.
The essence of mental coercion is the impact on the human psyche, which is most often carried out through the real threat of using physical coercion.
Preventive coercive measures are certain governmental actions of specially authorized bodies regulated by the rules of law, used in the absence of illegal behavior to prevent possible offenses and other circumstances that pose a threat to the state and society. A distinctive feature of these measures is that they can be applied both to persons committing offenses and to citizens (organizations) who do not allow unlawful behavior. In addition, preventive coercive measures are applied regardless of age and mental health status.
Preventive measures of state coercion are aimed at stopping the current or ongoing illegal action (inaction) of citizens or organizations. Among the preventive measures of coercion, the possibility of taking away a child in the event of an immediate threat to his life or health, the use of weapons and special means against convicts in a correctional institution in case of malicious disobedience are considered.
Legal-restorative measures of state coercion are aimed at compensating for the harm caused by an offense, restoring the violated legal status of the subject, and minimizing the negative consequences of failure to fulfill assigned duties. The possibility of innocent liability is highlighted as a distinctive feature of the measures under study. Thus, in the case of an offense committed by a person under the age of 16, as a result of which material damage was caused to the other party, the obligation to undergo measures of a legal and restorative nature rests with the parents or guardians of the person who committed the unlawful act, but due to age is not the subject of liability ( Art. 28; 1074 Civil Code of the Russian Federation). Legal restorative measures are widely used in Russian legislation. An option for implementing such measures is restorative justice. Almost all sanctions of the Civil Code of the Russian Federation are restorative in nature (protection of the rights of an owner who is not the owner, the obligation to return unjust enrichment, etc.). In the constitutional case - recognition of elections as invalid due to violation of electoral law; restoration of Russian citizenship to persons who have lost it for reasons beyond their control, etc. In labor law, compensation by the employer for moral damage caused to the employee; guarantees and compensation for employees in the event of liquidation, reduction in the number or staff of an organization’s employees, etc.
One of the purposes of liability as a measure of state coercion is punitive (punitive). However, its name does not fully reflect the essence. In this regard, it is proposed to use the terms “punitive liability, punitive coercion” as a replacement for the term punitive (punitive) liability, which will make it possible to concretize the understanding of the essence of this phenomenon. Punitive coercion measures are widely used in Russian legislation.
This classification made it possible not only to analyze the external impact of coercive measures, but also to understand their purpose, to see the result that should occur as a result of the application of these measures.
Finally dissertation outlines the main theoretical conclusions arising from the research results.
The conducted research made it possible to carry out a comprehensive analysis of the essence of state coercion and to make original proposals on the differentiation of coercion into legal and non-legal. The work proposes definitions of state-legal coercion, coercion (legal and illegal), legal relations of coercion, and highlights the main features of state-legal coercion. The author is one of the first to consider coercion within the framework of legal relations. Within the framework of legal relations of coercion, it is advisable to consider preventive preventive, restorative, compulsory educational, compulsory medical, requisition-compulsory, security and legal relations of legal liability.
The relationship between coercion and other management methods - persuasion and coercion - is analyzed, criteria for distinguishing coercion from mental coercion are proposed, and the principles of coercion are considered. The author substantiates the expediency of using the term “legal obligation to submit to state coercive measures” in legal relations, instead of the term “obligation to bear legal responsibility.”
A number of criteria for the classification of coercive influence are proposed and on this basis various types of coercion are considered (legal and non-legal; physical, mental, property and other; preventive, preventive, punitive, etc.)
At the same time, the study indicates the prospects for further study of these problems, for example, a more detailed study of the types of legal relations of coercion.
LITERATURE
1. Tsygankova E.A. Judicial power and state coercion // Russian judge. - Moscow, 2009. No. 10. - 0.2 p.l.
2. Tsygankova E.A. Classification of measures of state coercion according to target orientation // Society and Law. - Krasnodar, 2009. No. 5. - 0.6 p.l.
3. Tsygankova E.A. Methods of exercising state power // Law and Education. - Moscow, 2010. No. 6. - 0.5 p.l.
Scientific publications in other publications:
4. Shevtsova (Tsygankova) E.A. The essence and signs of state coercion // Current problems of socio-humanitarian knowledge: Collection of scientific articles. - Vol. XV. Part 4. - Moscow, 2006. - 0.5 p.l.
5. Shevtsova (Tsygankova) E.A. Coercion in the system of administrative and legal regulation of public relations. // Prospects for the development of science and society at the beginning of the 3rd millennium: Proceedings of a scientific and practical conference. - Stavropol, 2006. -0.3 p.l.
6. Shevtsova (Tsygankova) E.A. The relationship between state and public power // Current problems of socio-humanitarian knowledge: Collection of scientific articles. - Vol. XV. Part 4. - Moscow, 2006. - 0.6 p.l.
7. Shevtsova (Tsygankova) E.A. Constitutional responsibility in the institution of constitutional and legal coercion // Trends in the development of Russian legal science: current experience and real prospects: Collection of materials of the 52nd scientific and methodological conference. - Stavropol, 2007. - 0.3 p.l.
8. Shevtsova (Tsygankova) E.A. The nature of constitutional and legal coercion // Current problems and factors for improving the system of state and municipal government of modern Russia: Collection of articles by young scientists of the All-Russian scientific and practical conference. - Rostov-n/D., 2007. - 0.3 p.l.
9. Tsygankova E.A. Legal principles of state coercion // Law and modernity: Collection of scientific and practical articles. - Vol. 3. Part 1. - Saratov, 2008. - 0.3 pp.
10. Tsygankova E.A. Classification of coercive measures by type of influence on the will of the coerced // Russian civilization: past, present and future: Collection of scientific papers of the II interregional scientific-practical conference. - Part 1. - M., - Stavropol, 2009. - 0.4 pp.
11. Tsygankova E.A. State coercion as a mechanism for implementing the rules of law // Current problems and prospects of modern humanitarian knowledge: International scientific and practical conference. - Nevinnomyssk, 2009. - 0.4 p.l.
12. Tsygankova E.A. Correlation of coercion with other related categories // Scientific works of lawyers of the North Caucasus region: Collection of scientific articles. - Krasnodar, 2009. - 0.5 p.l.
13. Tsygankova E.A. The essence of mental and physical coercion // Man. Society. Education: International scientific and practical conference. - Sibay, 2010. - 0.3 p.l.
14. Tsygankova E.A. Exercising state power: to persuade or coerce? // Social and humanitarian bulletin of the South of Russia. - Krasnodar, 2010. - 0.3 p.l.
15. Tsygankova E.A. Suppression in the system of state coercive measures // Problems of theory and practice of ensuring public security in the North Caucasus Federal District: Collection of scientific and practical conference. - Stavropol, 2010. - 0.2 p.l.
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Each stage of socio-economic development of society has its own basis for the formation of government institutions (state power), legal systems, management methods, etc. Thus, objective laws determine both the goals that we set for ourselves and the possibilities, including methods and means, i.e. methods of influencing social relations available to achieve these goals.
Managing the affairs of the state, exercising executive power, ensuring discipline and law and order are carried out using active methods of purposefully influencing the consciousness and behavior of people. In modern conditions, these methods are two universal methods of public administration - persuasion and coercion.
The problem of persuasion and coercion in modern society is a problem of methods of social (state and non-state) management of economic, political, social, spiritual processes, it is a problem of methods of regulating relationships between people.
Persuasion and coercion as methods of public administration are social phenomena, since they are realized in connections between participants in specific social relations. These methods, representing a system of ways of organizing the influence of the state (government body, official) on the consciousness and behavior of people, are a necessary condition for the normal functioning of society as a whole, of any state association, of any management process.
The social purpose and effectiveness of these methods are determined by the fact that they:
- a) are determined by the general socio-economic patterns of development of modern society;
- b) must be in indissoluble unity;
- c) depend on how correctly and socially adequately they reflect the requirements of life, the economic and political needs of the development of society;
- d) are based on the relationship between persuasion and coercion, determined by the essence and state of society and the state, which can be totalitarian, police or democratic, legal.
The Russian state, being by its very nature a democratic state, cannot build relations with the population on any other basis than convincing citizens of the correctness of its policies and coercion in relation to those whose aspirations and actions diverge from the rules of law. Persuasion and coercion are used by the state not in the name of some abstract goals, but in the interests of creating the necessary conditions that ensure a decent life and free development of a person.
Consequently, the essence of the relationship between persuasion and coercion is that they complement each other, contributing to the achievement of the same goals.
The main thing is that the state, executive authorities and local governments carry out not punitive, but creative, constructive activities, and this is precisely the key to understanding the essence and purpose of persuasion and coercion in modern society.
As the main method of their activities, the state, executive authorities and local government bodies use convincing citizens of the need for conscious and voluntary compliance with the Constitution of the Russian Federation, laws and other legal acts of the Russian Federation. However, in conditions when offenses are committed, various threats arise to citizens, society and the state, government bodies, their officials and other authorized public servants are forced to force persons who violate the existing order to comply with legal norms.
When influencing the consciousness of people through persuasion, internal moral incentives and the need for lawful behavior are created in the individual, while coercion forces a citizen to change his behavior in a direction that is favorable to society, since it is associated with the restriction of certain rights and interests of persons who have committed unlawful acts, and also provides prevention offenses by other citizens.
Thus, the content of persuasion and coercion should be understood as a system of measures in which state control influence is specified in order to ensure proper or possible behavior of subjects of administrative law.
Persuasion is not always a sufficient means of influence in relation to individuals who violate the norms of behavior in society. Therefore, the state, protecting the rights and freedoms of citizens, the interests of society, forces persons who are not amenable to measures of persuasion and social influence to maintain order, and establishes various types of responsibility for committing offenses. Under these circumstances, persuasion ceases to be the only means of influence. There is an objective need to use coercion. At the same time, government bodies use coercion in order to eradicate antisocial phenomena, protect property, and instill labor discipline and organization.
Coercion is determined by the objective needs of the development of society and is a property of state power, since it is a necessary element of any social organization and “the quality of any power.”
State coercion, depending on the nature of the socially dangerous act (event) and the direct object of influence, is divided into physical and mental (threat, fear of adverse consequences). Its purpose is to force specific subjects of law to comply with certain regulations or refrain from certain actions. Coercion is a method that creates a state of subordination of subjects, and represents an imperious command or direct action. Achieving the desired result when using the coercion method is carried out against the will of the subject, with his internal and sometimes external resistance.
State coercion is mediated by law, acts in the form of legal coercion and is expressed in specific coercive measures applied by competent government bodies. These include: measures of legal liability (criminal, administrative, disciplinary, material); preventive measures and administrative and preventive measures of a compulsory nature (for example, customs inspection, quarantine measures, compulsory medical examination).
The direct object of physical coercion is the personality and financial situation of a legal entity. Physical coercion can be expressed in specific measures, i.e. in certain restrictions, deprivation of certain benefits available to the subject.
Coercion is characterized by a number of characteristics. It is fully legal, subject to general principles of law, applied on the basis of strict legal regulation, normative establishment of the grounds, procedure and procedure for the implementation of specific coercive measures. Thus, the rights and freedoms of citizens, the interests of society and the state are guaranteed.
The purpose of coercion is to restore social justice, educate offenders, and prevent new crimes. Under these conditions, the inevitability of punishment takes on special significance. At the same time, coercion does not have the goal of causing physical suffering to the offender or humiliating his human dignity. At the same time, it contains punitive and deterrent elements, which, however, are of a subordinate nature and are aimed at preventing offenses, educating and correcting those who committed them.
| Parameter name | Meaning |
| Article topic: | Coercion method |
| Rubric (thematic category) | State |
Reward method
03.12.2012
Classification of public administration methods
The relationship between the method and form of public administration
They are interconnected.
The method is one of the most important elements of the content of public administration. Methods, how this is done, how government bodies act.
Forms are a means of external expression of its content, i.e. Methods.
Method - coercion (reprimand, arrest) should be in the form of a management protocol, then a court decision, reprimand - an order for a monetary penalty, encouragement - rewards.
Considering the generality dependence:
Belief. a system of methods of moral influence on the part of executive authorities on the consciousness and behavior of people. Manifests itself in the use of various explanatory, educational, organizational measures (seminars, conferences, press conferences), main essence contribute to the formation in the individual of a correct, conscious attitude towards the activities of the state, create internal moral incentives for execution and the need for execution of laws.
Promotion
Compulsion
A method of stimulating influence on the will, consciousness and behavior of people through the interests of needs, directing their behavior to perform actions, achieve goals and objectives set by the state and subjects of executive power, unlike persuasion, encouragement is stimulating in nature.
Promotion:
Moral
Material
It is used in Grand science, healthcare, sports, culture, education.
Administrative coercion is a special type of state coercion whose purpose is to protect public order and social relations that arise in the sphere of public administration. External state-legal mental and physical influence on the consciousness, will and behavior of people, expressed in the form of restrictions or deprivations of a personal organizational or property nature, that is, certain adverse consequences.
Peculiarities:
All measures of administrative coercion have a state-compulsory nature.
Applied on the basis of administrative law norms
Administrative coercion is used to protect legal relations regulated both by the norms of administrative law and other branches of law.
The basis and procedure for applying administrative coercive measures are strictly regulated by law.
Administrative coercion is characterized by a multiplicity of subjects of its application. Both by courts and by executive bodies and specially created commissions. Οʜᴎ are applied to persons not subordinate to the relevant bodies and officials.
Procedure for implementation In accordance with administrative proceedings regulated by current legislation
Administrative coercion is of great preventive importance, since the enshrinement of the relevant laws contributes to the fact that many citizens refrain from illegal actions under the threat of administrative punishment.
Classification of administrative coercive measures:
Reason: goals, methods and reasons for their use.
Administrative preventive measures are preventive in nature, their basis is the onset of special ones, both related and unrelated to human actions. Document checks, personal searches, vehicle searches.
Administrative measures of restraint - are implemented to suppress the offense being committed, in other objectively illegal actions, illegal states and events. Delivery of a person, administrative detention, seizure of weapons for this violation.
Measures of administrative liability and punishment, measures of liability are enshrined in the Code of Administrative Offenses, confiscation of the instrument or subject of an administrative offense, deprivation of a special right, administrative arrest, the basis is the commission of an administrative offense.
Method of coercion - concept and types. Classification and features of the category “Method of coercion” 2017, 2018.
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