Introduction …………..……………………………………………………………… 3
1. General characteristics of coercive methods and their legal basis……….5
2. Administrative warning and administrative suppression ...... 10
3.Administrative provision and administrative penalties…………16
Conclusion………………………………………………………………………….26
List of used literature………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………28
Applications……………………………………………………………………...30
INTRODUCTION

Being a kind of state coercion, administrative coercion is used mainly as an extreme means of ensuring and protecting law and order in the field of government controlled, i.e. performs a punitive function. However, its significance is not limited to this. Administrative and legal methods are used not only as a punishment for offenses, but also to prevent them. This means that they should be understood much broader than the implementation of sanctions of administrative and legal norms. In this understanding, they ensure public order and public safety, which determine the relevance of this work in the light of the mass nihilism inherent in the legal reality of Russia.
The correct use of the method of coercion by government bodies, including internal affairs bodies, ensures the effectiveness of management activities, the functioning of administrative and legal institutions, the inviolability of the rule of law, creates conditions for the gradual reduction and elimination of offenses. Coercion in the sphere of managerial activity is aimed at ensuring:

the legitimacy of the behavior of participants in management relations;
the functioning and protection of such a regime in which legal requirements would be strictly observed;
the existence of a stable system of managerial relations based on the foundations of legality.

1. General characteristics of coercive methods and their legal basis.

In the administrative activity of the militia, the influence of the subject of administrative activity on the will of the object is carried out by various methods, means, methods, which are called methods of administrative activity. Consequently, the method is a way of practical implementation of the goals, tasks and functions of the administrative activities of the police. The content of the method gives an answer to the question of how it is most rational to achieve the goals of administrative activity.
The administrative activities of the police are carried out through various methods. The presence of a variety of methods is due to the complexity of administrative processes. The main methods of administrative activity of the militia are persuasion and coercion, because in the implementation of any function of this activity there is a variation in the correlation of persuasion and coercion. In this case, persuasion comes first, and then coercion. Such a correlation of methods follows from the social nature of our state, from the correspondence of its goals and tasks to the interests of man and citizen, from the enormous educational role of persuasion.
Coercion can be understood as a denial of the will of the subject and an external influence on his behavior. Since the command is not executed, the will of the ruler is violated, the latter influences the moral, property, organizational, physical sphere of the subject in order to transform his will, to achieve submission 1 .
Administrative coercion is a kind of state legal coercion. Therefore, all the signs of the latter are inherent in it (state-imperious nature, aimed at ensuring law and order, etc.). At the same time, administrative coercion has its inherent features:
1. Administrative coercion is a guarantee and a means of protecting public relations in the field of public administration from unlawful encroachments, as well as a means of ensuring public safety. It is used to prevent and suppress offenses, bring offenders to administrative responsibility, punish the guilty, and ensure public safety.
2. The coercion under consideration is regulated by the norms of administrative law and is administrative-legal coercion.
3. Administrative coercion (unlike judicial) is characterized by a plurality of subjects of its use. It is authorized to use by numerous authorities executive power and their officials, in cases stipulated by law, courts and judges, as well as non-governmental organizations and their representatives (for example, members of some public law enforcement formations).
4. The implementation of measures of administrative coercion is not connected (unlike disciplinary coercion) with the service relations of the parties to the legal relationship. Coercion is applied to those who are not directly subordinate to the subject of administrative coercion. It can be applied to individuals, officials and legal entities.
5. Measures of administrative coercion are used to ensure compliance with and protect those administrative, legal and other rules of law (financial, environmental, etc.) that contain general rules of conduct in the field of public administration, for example, norms of laws providing for administrative responsibility. For violation of the norms of acts of departmental significance, measures of administrative coercion are not applied.
Administrative coercion as a method of management consists in a mental, material or physical impact on the consciousness and behavior of people.
mental coercion influences the will, emotions, mind, that is, the psyche of the individual, forms its will, inclines to the required social behavior by threatening the use of violence or any other measures of influence that could lead to disadvantageous consequences for the individual. Mental coercion includes, for example, the official demand of a police officer on the inadmissibility of unlawful behavior; a warning issued in the prescribed form for the commission of an administrative offense by a citizen or official, etc.
material coercion influences the behavior of an individual, officials and legal entities through their money and property. It is expressed in certain restrictions on the possession, disposal and use of property; in deprivation of some material benefits available to the owner; in the recovery of monetary amounts from the offender - a fine, etc.
To physical coercion include such measures that directly affect a person, limiting his freedom of action, suppressing unlawful behavior. So, let's say, when detaining a person who has committed an administrative offense, a police officer deprives him of freedom of movement during the period established by law; by applying combat techniques, handcuffs and other special means, as well as weapons, the police officer suppresses the illegal actions of the offender, etc.
Measures of administrative coercion can be applied both to offenders and to persons who have not committed offenses (in order to prevent offenses, the onset of socially dangerous consequences during natural disasters, epidemics, epizootics).
Types of administrative coercion are classified based on the goals, methods of ensuring law and order and public safety, the specifics of the legal relations arising in this case and the features of the measures applied. Administrative coercion is classically divided into four groups: administrative warning measures (administrative and preventive measures); administrative restraint measures (administrative and preventive measures); measures of administrative and procedural support; administrative penalties . Also distinguished as a special type of coercion are administrative and legal restorative measures of coercion, which are used to compensate for the damage caused, to restore the previous state of affairs 2 .
This classification is somewhat relative. Separate measures of administrative and procedural support are absorbed by preventive measures (for example, delivery, detention, etc.).
The legal bases of administrative coercion are:

RF Code of Administrative Offenses - all aspects of administrative coercion.
Law of the Russian Federation of April 18, 1991 No. 1026-1 “On the Police” (as amended and supplemented for 2005) 3
Federal Law of February 6, 1997 No. 27-FZ “On the Internal Troops of the Ministry of Internal Affairs Russian Federation" four
Regulations on State Inspectorate traffic safety of the Ministry of Internal Affairs of the Russian Federation.
And others.

2. Administrative warning and administrative suppression.

Administrative warning measures (administrative preventive measures), being one of the types of administrative coercion, are used by the subjects of their application in order to prevent offenses and circumstances that threaten the public and personal security of citizens. They act as restrictions of an administrative and legal nature, administrative and incentive actions in relation to a particular individual, official and legal entity. The basis for the application of administrative warning measures may be a real assumption about the intention of a person to commit an offense, an unlawful act; the occurrence of circumstances that threaten the public and personal safety of citizens in natural disasters, riots accompanied by violence, and other emergency situations that endanger the life and health of the population, and require completion of emergency rescue and restoration work.
Therefore, administrative warning measures are understood as methods and means aimed at preventing offenses and preventing their negative, harmful consequences, as well as preventing the occurrence of circumstances that threaten the life and safety of citizens or normal activities. government agencies, enterprises, institutions and organizations 5 .
The measures under consideration can be classified according to different criteria (according to similar characteristics, according to different grounds and purposes of application). Of practical importance is the classification of measures according to the purposes of application, on the basis of which two groups of administrative warning measures are distinguished.
The first group includes measures that are applied in order to prevent a threat to the public and personal security of citizens, to prevent the occurrence of possible undesirable or harmful consequences, in particular:
- the introduction of quarantine, that is, a special regime for entry and exit in areas affected by an epidemic or epizootic;
- closing sections of the state border, sections of the road or street for traffic in the event of an accident, incident, holding a mass event;
- technical inspection of vehicles;
- compulsory medical examination; sanitary inspection of cargo;
- inspection of vehicles;
- screening of hand luggage, luggage and personal screening of passengers of civil aircraft.
A characteristic of these measures of administrative warning is that they can be applied in the absence of the fact of illegal actions. The fact is that a threat to the public and personal security of citizens, their legitimate interests can arise not only in connection with an offense, but also as a result of natural disasters, epidemics, epizootics, the actions of mentally ill people, etc. In such cases, the state is forced to resort to the application of coercive measures against persons who are not offenders. These measures are deprived of the nature of administrative punishment.
The second group of preventive measures includes measures that are intended to prevent an offense, they have a clearly defined preventive focus. They are applied to persons in order to prevent them from committing offenses. Such measures are: verification of documents; control and supervisory checks; search of things and personal search of citizens suspected of committing a crime or an administrative offense, as well as, in particular, administrative supervision of persons released from places of deprivation of liberty.
Measures of administrative restraint as a kind of administrative-legal coercion, they have all its features. Their peculiarity lies in the intended purpose and the very essence of the measures. Measures of administrative restraint are understood as methods and means of coercive influence used to stop an illegal act, prevent its socially dangerous consequences, and also to create an opportunity for the subsequent bringing of the offender to legal liability 6 .
At the same time, the measures in question are used not only to suppress offenses, but also to stop socially dangerous actions committed by persons under the age of 16, that is, of administratively delinquent age, as well as insane.
The application of preventive measures is associated with direct interference in illegal and other dangerous actions. In some cases, they are not only effective, but also the only possible means of suppressing a crime (for example, the use of weapons).
Measures of restraint are used both in the interests of society, the state, and in the interests of the offender himself. For example, placing an offender who is in a public place in a strong degree of intoxication in a medical sobering-up station protects him from possible robbery, and sometimes (at low air temperature) protects him from loss of health and freezing. The purpose of medical care is compulsory treatment. The suppression of illegal activity often makes it possible to prevent actions and events that would aggravate the offender's guilt and, consequently, increase the responsibility of the perpetrator.
Among the measures of administrative restraint used by the police, it is customary to single out general and special measures. General measures include:
- the requirement to stop the offense.
Authorized officials (police officers, etc.) have the right to demand from citizens and officials to stop a crime or administrative offense, as well as actions that impede the exercise of their powers, the legal activities of deputies, candidates for deputies, representatives of state bodies, institutions and public associations 7. The essence of this preventive measure is to indicate to the offender the need to immediately stop his actions.
- administrative detention. It will be discussed in detail in the third question.
- delivery to medical institutions or to duty police units and keeping in them until sobering up persons who are in public places in a state of severe intoxication;
- suspension of the operation of vehicles, the technical condition of which does not meet the established requirements;
- suspension from driving vehicles of persons in respect of whom there is reason to believe that they are in a state of intoxication, as well as those who do not have documents for the right to drive or use vehicles.
The measures under consideration are aimed at ensuring personal and public safety, at preventing the operation of faulty sources of increased danger (for example, vehicles in violation of technical norms and rules that threaten people's health, personal and public safety).
The list of means and methods of suppression contained in legal acts is not exhaustive. In complex extreme situations, it is allowed to suppress illegal actions by means and methods not specified in the legislation. Thus, according to the Law “On Police”, a police officer, being in a state of necessary defense or emergency, in the absence of special means or firearms, has the right to use any available means 8 .
The grounds, procedure for the application and use of administrative restraint measures are determined by laws and other regulatory legal acts.
Measures of administrative restraint for special purposes are means of physical influence on offenders, used in cases where it is impossible to stop socially dangerous behavior by other measures.
Police officers have the right to use physical force, special means (handcuffs, rubber sticks, tear gas, light and sound distraction devices, devices for opening premises, for forced stopping of vehicles, water cannons, rubber bullets, armored vehicles and other vehicles, service dogs and horses, etc. .), a complete list of which is established by the Government of Russia, as well as firearms.
Cases and the procedure for applying preventive measures are regulated by the Law of the Russian Federation "On the Police", resolutions of the Government of the Russian Federation and other regulatory legal acts 9 .
The use of physical force, special means and weapons, except in cases where delay in their use creates an immediate danger to the life or health of citizens and persons authorized to apply these preventive measures, must be preceded by a warning about the intention to use them and provide sufficient time to fulfill the request of the person empowered to apply preventive measures.
As a conclusion, it can be noted that the warning should be considered as an independent type of administrative coercion. Preventive measures are a variety of means aimed at preventing offenses and other harmful consequences.
The first group includes measures that are applied in order to prevent a threat to the public and personal security of citizens, to prevent the occurrence of possible undesirable or harmful consequences. The second group - with the aim of preventing an offense, they have a clearly defined preventive focus. They are applied to persons in order to prevent them from committing offenses.
In addition, the arsenal of measures of administrative restraint in the activities of the police department is very diverse: from the requirement to stop the offense to the use of weapons. By their nature, these can be measures of mental (threat to use means of coercion), material or physical pressure, including the use of technical (special) means and weapons, as well as operational actions related to personal, organizational or property restrictions, due to which the offender is deprived of the opportunity to continue the offense, is encouraged to fulfill legal obligations.

3. Administrative support and administrative penalties.

The measures of administrative coercion include measures of administrative and procedural support and administrative penalties that are applied in the event of an administrative offense. .
Measures of administrative and procedural support , being a kind of administrative coercion measures, they are used by the police in order to detect an offense, establish an identity, detect evidence and create other conditions for an objective and correct consideration of the case and the execution of the decision adopted in the case. The purpose of these measures is , to create the necessary conditions to implement the rules of substantive law establishing liability for offenses. Their use serves the purpose of implementing mainly administrative penalties. In some cases, measures of administrative and procedural support create the necessary conditions for the implementation of criminal law sanctions. Their use is often necessary in connection with the implementation of measures of administrative coercion of a medical nature.
The achievement of these goals of administrative-procedural coercion is carried out through the implementation of measures of procedural support of various functions. Taking into account the nature of these functions, all the measures under consideration can be summarized in three main groups: measures of administrative and procedural restraint; measures aimed at obtaining evidence; procedural measures for the execution of administrative penalties.
Measures of administrative and procedural restraint consist in the forced restriction of the freedom of movement of a person who has committed an offense (or is suspected of having committed it) in order to stop the violation and ensure that he fulfills his procedural duties. These measures include: the delivery of the offender, administrative detention and drive.
All police officers have the right to deliver an individual to the police or other office premises (by “delivery” is meant the forced escort of an offender or a person suspected of committing an offense to the police or other office premises). The goals, grounds and procedure for the delivery of an individual by police officers are regulated by the norms contained in the Code of Administrative Offenses of the Russian Federation, as well as in regulations Ministry of Internal Affairs of Russia.
The actual basis for the application of this measure is the act of a person containing signs of an administrative offense. Such a person can be delivered only if the following conditions are specified in the law. Firstly, the act of a person must contain signs of an administrative offense, the commission of which must be drawn up in a protocol. Secondly , there must be circumstances preventing its compilation at the place of the offense or at the location of the offender. The latter may be due to the fact that the delivered person does not have documents proving his identity, his behavior that prevents the preparation of the protocol, the need for additional verification to clarify the circumstances of the offense, etc. In addition to delivering persons who have committed or suspected of committing an administrative offense, police officers have the right to deliver a person suspected of committing a crime to the internal affairs body.
A police officer draws up a report on the delivery of an individual by a police officer. All persons delivered to the internal affairs body (militia) are registered by the duty officer of the internal affairs body in the book of those delivered.
Delivered to the internal affairs bodies (militia), in cases established by law, they may be subjected to administrative detention. Administrative detention consists in a short-term restriction of the freedom of an individual and is associated with their forced detention for the time established by law in special premises of the internal affairs bodies.
In accordance with the legislation on administrative offenses, administrative detention is allowed in order to prevent administrative offenses, draw up protocols, ensure the timely and correct consideration of cases and the execution of decisions on cases of administrative offenses.
The Code of Administrative Offenses of the Russian Federation establishes a circle of subjects (bodies and officials) authorized to carry out administrative detention. The Code contains a list of offenses for which these bodies (officials) have the right to make administrative detention.
For each fact of administrative detention, a protocol must be drawn up, in which the following information is recorded: the date and place of the protocol; position, surname, name, patronymic of the person who drew up the protocol; information about the identity of the detainee; time and reasons for detention.
etc.................

Persuasion and coercion are the basic basic methods of public administration. According to Volovich V.F., it is impossible to draw a clear line between them, since persuasion includes a certain element, the aspect of coercion, and the method of coercion, on the contrary, contains legal restrictions of a restraining or stimulating nature. In addition, the threat of administrative punishment stimulates and encourages positive actions. The social purpose and effectiveness of persuasion and coercion is determined by the fact that they:

1. Due to the general socio-economic patterns of the development of society

2. Must be in inseparable unity

3. Depend on how correctly the vital needs of the development of society are reflected

4. Based on the ratio of persuasion and coercion, which is due to the essence and state of society and the state

The purpose of persuasion is to ensure voluntary conscious compliance with law and order, free from external influences. Decision-making by the subject, his behavior, formed under the influence of this method, must be consistent with his inner convictions. In the administrative-legal literature, attention is drawn to the fact that such an effect can be achieved only through the application the following types measures:

1. Stimulants

2. Educational

3. Explanatory

Incentive measures, in turn, are divided into:

1. Economic. They are applied mainly to economic entities (tax, financial incentives, lending, a special regime for the implementation of certain types activities)

2. Organizational. They come down to simplifying existing legal procedures(accounting, registration and expert activities)

3. Social. They are expressed in the establishment of benefits for socially needy citizens (elderly people affected by emergencies)

4. promotion. Material, moral or mixed.

Educational measures designed to provide an impact on consciousness, attitudes and feelings. It is not widely used in administrative law.

Explanatory measures are expressed in holding public events related to briefings, speeches, issuing leaflets, interviews with officials, etc.

According to Alekhin, the listed measures are forms of implementation of the method of persuasion.

The state, ensuring the protection of the rights and freedoms of individual citizens, the interests of society as a whole, forces persons who cannot be persuaded to observe the rule of law. To do this, provided and installed different kinds responsibility for committing an offence. Persuasion under these circumstances ceases to be the only means of influence and there is a need to use coercion.

Coercion is divided into:

1) Physical

2) Mental (threat, fear)

Its purpose is to force specific subjects to comply with the prescriptions formulated in the legislation or to refrain from certain actions. Coercion, as a method, ensures the formation of subordination of subjects and is an imperious command or direct action. The achievement of the desired result when using coercion is often realized against the will of the subject, with his internal, and often external resistance. Coercion is expressed in specific coercive measures. For example, these include: measures of legal liability, preventive measures and administrative and preventive measures of a coercive nature. There are signs of coercion:

1. Are legal;

2. Obey the general principles of law;

3. Apply on the basis of strict legal regulation;

4. Normative establishment of the grounds and procedure for implementation, specific enforcement measures.

Dmitriev believes that coercion is effective only when applied to a minority; coercion is an extreme form that ensures the achievement of the goal of management; coercion must exclude the arbitrariness of the state as a whole. According to Kozlov, the purpose of coercion is to restore social justice, educate offenders and prevent new offenses. Under these conditions, the inevitability of punishment acquires special significance.

43. Persuasion and coercion in public administration.

Persuasion and coercion are universal methods of public administration, applied in all branches and spheres, at all levels of government, and in many cases determining the content and concrete manifestation of other methods. These methods are most consistently implemented through the mechanism of rights and obligations, they emphasize the authoritativeness of management, the peculiarity of relations of power and subordination.

The content of persuasion as a special way of legal influence is that the subjects of public administration adhere to the requirements through their internal recognition, and not as a result of blind obedience to the requirements of the authorities. This means the introduction of discipline, an understanding that social discipline and legality are a necessary condition for the successful establishment of a legal, independent, democratic state, as well as the formation of a conscious habit aimed at complying with legal requirements, a sense of the inadmissibility of their violation, the need to actively fight against offenses.

In this way, belief- this is a system of methods of a legal and non-legal nature, carried out by state and public bodies, which manifests itself in the application of educational, explanatory and incentive measures in order to form an understanding among citizens of the need to strictly comply with the requirements of laws and other legal acts.

In public administration, the following main types of persuasion are used:

Organization of state and public events aimed at solving specific problems (accounting, control, adoption of necessary documents, holding seminars, meetings, etc.);

Education (economic, legal, moral, etc.);

Explanation of the tasks of public administration;

Instructing persons in the subordinate apparatus and the public on the most effective. Fulfillment of the tasks;

Encouragement (moral - gratitude, awarding a badge of honor, conferring an honorary title, etc., material - cash prizes, trips to individuals or groups of people, etc.);

Criticism of the work and behavior of individuals. Recently, in Ukraine, they have been spreading legal forms beliefs, methods of encouragement provided for by the law for the exemplary performance of labor, service and public duties, legal acts have been developed that approve the system of awards and incentives. Their growing importance is an important method of regulating managerial activity and the life of the whole society.

The construction of a rule of law state, the priority of human rights in public life, the development of democratic principles require a further increase in the legal awareness of citizens, instilling in everyone a sense of civic duty, discipline and organization.

Compliance with the rules of the community in a state of law is carried out consciously and voluntarily, since the law embodies the will of the people, its norms are generally binding, based on the support of the state and public thought.

However, compliance with the established rules, unfortunately, has not yet become a habitual rule of conduct for all members of society due to the discrepancy between the consciousness of individual citizens and the public consciousness. Some of them violate the established legal order, the current legislation. Under these conditions, the state is forced, along with methods of persuasion, to apply methods of coercion to persons committing offenses.

State coercion in our country is an auxiliary method of state influence, carried out on the basis of persuasion and only after its application.

State coercion is the psychological or physical influence of state bodies (officials) on certain persons with the aim of coercing, forcing them to perform legal regulations; There are two forms of state coercion - judicial and administrative. Measures of public coercion, which are not state ones, are also applied.

Thus, administrative coercion is one of the types of state coercion. It, like state coercion in general, has features, the essence of which is the use of coercive measures by state bodies, and in some cases by officials, to ensure the proper behavior of people. At the same time, administrative coercion has features that make it possible to distinguish it from judicial and public coercion:

Administrative coercion is used in public administration to protect public relations arising in this area of ​​state activity;

The mechanism of legal regulation of administrative coercion establishes the basis and procedure for the application of appropriate coercive measures;

The procedure for applying coercive measures is regulated, as a rule, by the norms of administrative law, including the norms of administrative legislation or administrative-legal norms of acts of executive bodies;

The use of administrative coercion is the result of the implementation of state power powers of state administration bodies, only in exceptional cases established by law, such measures can be applied by courts (judges);

Administrative coercion is used for:

a) preventing the commission of offenses; b) suppression of administrative offenses; c) bringing to administrative responsibility.

Administrative law is applied on the basis of administrative procedural norms.

In this way, administrative coercion- this is a system of measures of psychological or physical influence on the consciousness and behavior of people in order to achieve a clear fulfillment of established duties, the development of social relations within the framework of the law, ensuring law and order and legality.

Coercive measures of an administrative nature are used by executive authorities, courts (judges) to influence citizens and officials in order to fulfill their legal obligations, suppress illegal actions, bring offenders to justice, and ensure public order.

44. Essence and content, types of administrative - legal regimes.

Legal regime- a special procedure for legal regulation, expressed in a combination of legal means and aimed at creating the necessary conditions for satisfying the interests of subjects of law in certain conditions.

(in a broad sense) - common mode activities of state administration bodies on the implementation of the powers assigned to them.

Administrative and legal regime(in the narrow sense) - a set of rules of conduct, activities of citizens and legal entities, enshrined in regulatory legal acts, the procedure for exercising their rights and legitimate interests in certain situations in the field of public administration, aimed at ensuring public order and public safety by specially created for this purpose bodies, divisions and services of public administration bodies.

signs administrative and legal regimes:

Are established in the field of public administration, the field of activity of executive authorities;

Regulated mainly by the norms of administrative law;

Fix, detail the rules of conduct for citizens, state bodies, public associations, enterprises and institutions;

Additional restrictions are introduced, additional duties are imposed;

Administrative methods of influence are widely used;

Additional control is introduced over compliance with the rules of conduct by citizens and legal entities, as well as by the state administration;

Violation of the rules of the regime entails the application of additional measures of state coercion.

The object of the administrative-legal regime is a set of social relations in the field of state (public) administration, regulated by the rules of the administrative-legal regime. These relations are related to public law relations. In the case of regulation of private law relations by the norms of the administrative-legal regime, this is regarded as a violation of the law.

Means of ensuring administrative-legal regimes - a set of means, techniques based on the norms of administrative law, with the help of which the administrative-legal regime is implemented.

Types of means of support: 1) special state regulation aimed at creating regulatory conditions for the functioning of individual objects;

2) widespread use of direct state coercion;

3) a permissive way of exercising rights and freedoms, performing certain works, carrying out activities subject to prior approval;

4) systematic monitoring of authorized entities over the functioning of public administration facilities;

5) organizational and technical support of the established regime rules.

45. Administrative and legal regime of the state of emergency

State of emergency- this is a special legal regime that provides for the restriction of the rights of citizens and organizations established by the Constitution of the Russian Federation and laws, the imposition of additional duties on them, as well as a special procedure for the activities of state authorities and local self-government. This regime is declared in exceptional cases in the interests of ensuring the security of citizens and protecting the constitutional order. The legal order created as a result of the introduction of a state of emergency (PE) contributes to the elimination of circumstances that are threat factors, the restoration of law and order, and the normalization of an emergency situation. The legal basis of the institute of emergency is determined by the norms of Art. 56, 88, 102 of the Constitution of the Russian Federation, the Federal Constitutional Law "On the state of emergency", and some other laws.

The basis for the introduction of a state of emergency are:

Emergencies of a socio-political nature;

Emergencies of a criminogenic nature, expressed in riots, terrorist acts;

Emergency situations of natural and technogenic nature.

The state of emergency is introduced throughout the territory of the Russian Federation or in individual subjects of the Russian Federation by decree of the President of the Russian Federation. !!!

The period of validity of the state of emergency introduced throughout the territory of the Russian Federation, may not exceed 30 days, and in some areas - 60 days. !!! After this period, the state of emergency is considered terminated if it is not timely extended by decree of the President of the Russian Federation. The President has the right to cancel his decree on the introduction of a state of emergency ahead of schedule if the circumstances that served as the basis for its introduction have disappeared during the period of the regime.

The main element of the state of emergency is a system of emergency measures - a set of norms and administrative and organizational actions carried out by authorities in order to limit the rights of citizens and organizations, imposing additional duties on them.

Measures taken during the period of the state of emergency are divided into:

a) joint for regimes of a social and natural-technogenic nature - full or partial suspension in the territory where the state of emergency has been introduced, the powers of the executive authorities of the subject (subjects) of the Russian Federation, as well as local governments; establishment of restrictions on freedom of movement in the territory where the state of emergency has been introduced, as well as the introduction of a special regime for entry into and exit from the specified territory; strengthening the protection of public order, objects subject to state protection. This list contains measures that can be applied not only during the period of the state of emergency, but also in other, including non-emergency, conditions;

b) socio-political and anti-criminogenic - curfew, preliminary censorship, suspension of the activities of public associations that prevent the elimination of the circumstances that served as the basis for the introduction of a state of emergency; verification of documents proving the identity of citizens, personal search, search of their belongings, dwellings and vehicles;

c) natural-technogenic - temporary resettlement of residents to safe areas with the obligatory provision of stationary or temporary living quarters to them; the introduction of quarantine, the implementation of sanitary, anti-epidemic, veterinary and other measures.

As constituent element regime are forms of special state administration introduced for the period of emergency. The law provides that a special administration of this territory can be introduced by decree of the President of the Russian Federation by creating:

a) a temporary special body for managing the territory where the state of emergency has been introduced;

b) the federal governing body of the territory where the state of emergency has been introduced.

To implement a unified command and control of the forces and means that ensure the state of emergency, a commandant of the territory where the state of emergency has been introduced is appointed by decree of the President of the Russian Federation.

46. ​​Administrative and legal regime of martial law.

Martial law is understood as a special legal regime introduced on the territory of the Russian Federation or in its individual areas in accordance with the Constitution of the Russian Federation by decree of the President of the Russian Federation in the event of aggression against Russia or an immediate threat of aggression (see: FKZ dated January 30, 2002 No. 1-FKZ) . Federal constitutional law of 01/30/2002 N 1-FKZ (as amended on 07/01/2017) "On martial law"

The purpose of the introduction of martial law is to create conditions for repelling or preventing aggression against the Russian Federation.

The period of martial law begins with the date and time of the commencement of martial law, which are established by the decree of the President of the Russian Federation on the introduction of martial law, and ends with the date and time of the cancellation (termination) of martial law.

During the period of martial law in accordance with this Federal Constitutional Law, to the extent necessary to ensure the defense of the country and the security of the state, the rights and freedoms of citizens of the Russian Federation, foreign citizens, stateless persons (hereinafter referred to as citizens), the activities of organizations regardless of organizational and legal forms and forms of ownership, the rights of their officials. Additional responsibilities may be imposed on citizens, organizations and their officials.

The Armed Forces of the Russian Federation, other troops, military formations and bodies performing tasks in the field of defense (hereinafter referred to as the Armed Forces of the Russian Federation), other troops, military formations and bodies are used to repel or prevent aggression against Russia in accordance with federal laws and other regulatory legal acts of the Russian Federation, as well as in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation in this area.

General or partial mobilization, if it has not been declared earlier, when martial law is introduced on the territory of the Russian Federation or in its individual areas, is declared in accordance with federal laws and other regulatory legal acts of the Russian Federation.

The legal basis of martial law is the Constitution of the Russian Federation, this Federal Constitutional Law "On Martial Law", federal laws and other regulatory legal acts of the Russian Federation adopted on its basis, as well as generally recognized principles and norms international law and international treaties of Russia in this area.

In accordance with Part 2 of Article 87 of the Constitution of the Russian Federation, the basis for the introduction of martial law by the President of the Russian Federation on the territory of Russia or in its individual areas is aggression against the Russian Federation or an immediate threat of aggression.

For the purposes of this Federal Constitutional Law, in accordance with the generally recognized principles and norms of international law, aggression against the Russian Federation is the use of armed force by a foreign state (group of states) against the sovereignty, political independence and territorial integrity of Russia or in any other way incompatible with the UN Charter.

In accordance with the generally recognized principles and norms of international law, acts of aggression against the Russian Federation, regardless of whether a foreign state (group of states) declares war on the Russian Federation, are recognized as:

1) invasion or attack by the armed forces of a foreign state (a group of states) on the territory of the Russian Federation, any military occupation of the territory of Russia resulting from such an invasion or attack, or any annexation of the territory of the Russian Federation or part of it with the use of armed force;

2) bombardment by the armed forces of a foreign state (group of states) of the territory of the Russian Federation or the use of any weapon by a foreign state (group of states) against the Russian Federation;

3) blockade of ports or coasts of the Russian Federation by the armed forces of a foreign state (group of states);

4) an attack by the armed forces of a foreign state (group of states) on the Armed Forces of the Russian Federation or other troops, regardless of their location;

5) actions of a foreign state (group of states) allowing (allowing) another state (group of states) to use its territory to commit an act of aggression against the Russian Federation;

6) sending by a foreign state (group of states) or on behalf of a foreign state (group of states) armed gangs, groups, irregular forces or mercenaries who carry out acts of use of armed force against the Russian Federation that are tantamount to acts of aggression specified in this paragraph.

Acts of aggression against the Russian Federation may also be recognized as other acts of the use of armed force by a foreign state (group of states) against the sovereignty, political independence and territorial integrity of the Russian Federation or in any other way inconsistent with the UN Charter, equivalent to the acts of aggression specified in this paragraph.

Martial law on the territory of the Russian Federation or in its individual areas is introduced by decree of the President of the Russian Federation.

The President of the Russian Federation shall immediately notify the Federation Council of the Federal Assembly of the Russian Federation (hereinafter - the Federation Council) and the State Duma of the Federal Assembly of the Russian Federation (hereinafter - The State Duma) (Clause 2, Article 87 of the Constitution of the Russian Federation).

The decree of the President of the Russian Federation on the introduction of martial law should define:

The circumstances that served as the basis for the introduction of martial law;

Date and time of entry into force of martial law;

Borders of the territory in which martial law is introduced.

The decree of the President of the Russian Federation on the introduction of martial law is subject to immediate promulgation through radio and television channels and official publication.

The decree of the President of the Russian Federation on the introduction of martial law is immediately submitted to the Federation Council for approval (point "b" of Article 102 of the Constitution of the Russian Federation).

The issue of approving the decree of the President of the Russian Federation on the introduction of martial law must be considered by the Federation Council within 48 hours from the date of receipt of this decree.

Due to extraordinary and unavoidable circumstances under the given conditions, a sitting of the Federation Council may be held later than the specified date.

The decision to approve the decree of the President of the Russian Federation on the introduction of martial law is taken by a majority of votes from the total number of members of the Federation Council and formalized by the relevant resolution.

If the decree of the President of the Russian Federation on the introduction of martial law is not approved by the Federation Council, such a decision is formalized by a resolution of the Federation Council.

A decree of the President of the Russian Federation on the imposition of martial law, not approved by the Federation Council, ceases to be effective from the day following the day such a decision is made, about which the population of Russia or its respective individual localities is notified in the same manner in which it was notified about the introduction of martial law.

The martial law regime includes a set of economic, political, administrative, military and other measures aimed at creating conditions for repelling or preventing aggression against the Russian Federation.

Ensuring the martial law regime is carried out by state authorities and military command and control bodies in accordance with the powers granted to them by this Federal Constitutional Law, other federal laws and other regulatory legal acts of the Russian Federation.

Local self-government bodies provide assistance to state authorities and military command and control bodies in ensuring martial law.

On the basis of decrees of the President of the Russian Federation, the following measures are applied in the territory where martial law has been introduced:

1) strengthening the protection of public order and ensuring public safety, the protection of military, important state and special facilities, facilities that ensure the vital activity of the population, the functioning of transport, communications and communications, energy facilities, as well as facilities that pose an increased danger to human life and health and natural environment;

2) the introduction of a special mode of operation of facilities that ensure the functioning of transport, communications and communications, energy facilities, as well as facilities that pose an increased danger to human life and health and the natural environment;

3) evacuation of economic, social and cultural facilities, as well as temporary resettlement of residents to safe areas with the obligatory provision of such residents with stationary or temporary living quarters;

4) introduction and provision of a special regime for entry into and exit from the territory where martial law has been introduced, as well as restriction of freedom of movement on it; 5) suspension of the activities of political parties, other public associations, religious associations conducting propaganda and (or) agitation, as well as other activities that undermine the defense and security of the Russian Federation under martial law; 6) involvement of citizens, in the manner established by the Government of the Russian Federation, in the performance of work for the needs of defense, elimination of the consequences of the use of weapons by the enemy, restoration of damaged (destroyed) economic facilities, life support systems and military facilities, as well as participation in the fight against fires, epidemics and epizootics ; 7) seizure, in accordance with federal laws, of property necessary for defense needs from organizations and citizens, with subsequent payment by the state of the cost of the seized property; 8) prohibition or restriction of the choice of place of stay or place of residence; 9) prohibition or restriction of holding meetings, rallies and demonstrations, marches and picketing, as well as other mass events; 10) prohibition of strikes and other methods of suspension or termination of the activities of organizations; 11) restriction of the movement of vehicles and their inspection; 12) the prohibition of the presence of citizens on the streets and in other public places at certain times of the day and the provision of federal executive authorities, executive authorities of the subjects of the Russian Federation and military administration authorities with the right, if necessary, to carry out verification of documents proving the identity of citizens, personal searches, searches of their belongings, dwellings and vehicles, and on the grounds established by federal law - the detention of citizens and vehicles. At the same time, the period of detention of citizens cannot exceed 30 days; 13) the prohibition of the sale of weapons, ammunition, explosives and poisonous substances, the establishment of a special regime for the circulation of medicines and preparations containing narcotic and other potent substances, alcoholic beverages. In cases provided for by federal laws and other regulatory legal acts of the Russian Federation, weapons, ammunition, explosives and poisonous substances are confiscated from citizens, and military and training equipment is confiscated from organizations along with weapons, ammunition, explosive and poisonous substances military equipment and radioactive substances; 14) introduction of control over the operation of facilities that ensure the functioning of transport, communications and communications, over the operation of printing houses, computer centers and automated systems, the media, the use of their work for defense needs; prohibition of the operation of transceiver radio stations for individual use; 19) termination of activities in the Russian Federation of foreign and international organizations in respect of which law enforcement agencies have received reliable information that these organizations are carrying out activities aimed at undermining the defense and security of the Russian Federation.

On the territory where martial law has been introduced, referendums and elections to state authorities and local self-government bodies are not held.

During the period of martial law, federal laws and other regulatory legal acts of the Russian Federation may provide measures related to the introduction of temporary restrictions on the implementation of economic and financial activities, turnover of property, free movement of goods, services and financial resources on the search, receipt, transfer, production and dissemination of information, the form of ownership of organizations, the procedure and conditions for bankruptcy procedures, the regime labor activity and established the features of financial, tax, customs and banking regulation both in the territory where martial law has been introduced, and in the territories where martial law has not been introduced. During martial law:

by decree of the President of the Russian Federation, federal executive bodies may be determined by which he exercises leadership on issues of ensuring the defense and security of the Russian Federation, the martial law regime;

by decree of the President of the Russian Federation, functions and powers federal bodies executive power can be redistributed based on the interests of ensuring the defense and security of Russia, the martial law regime.

2. Federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation, the procedure for exercising powers and the procedure for the activities of which are regulated by the regulations adopted by them, when martial law is introduced, make the necessary changes to these regulations, taking into account the peculiarities of the martial law regime.

The legal status of citizens during the period of martial law is determined by Art. eighteen.

1. During the period of martial law, citizens enjoy all the rights and freedoms of a person and citizen established by the Constitution of the Russian Federation, with the exception of the rights and freedoms, the restriction of which is established by this Federal Constitutional Law and other federal laws.

2. Citizens are obliged to comply with the requirements of this FKZ, other federal laws and other regulatory legal acts of the Russian Federation on martial law.

3. Citizens who are on the territory where martial law has been introduced are obliged:

1) comply with the requirements of the federal executive authorities, executive authorities of the constituent entities of the Russian Federation, military command and control authorities ensuring the martial law regime, and their officials and provide assistance to such authorities and individuals;

2) appear on a call to the federal executive authorities, executive authorities of the constituent entities of the Russian Federation and military authorities that ensure the regime of martial law, as well as to the military commissariats of districts, cities without district division, other municipal (administrative-territorial) formations, on the territories of which said citizens reside;

3) comply with the requirements set forth in the instructions, summonses and orders received by them from federal executive authorities, executive authorities of the constituent entities of the Russian Federation, military command and control authorities that ensure the regime of martial law, and their officials;

4) participate in the manner established by the Government of the Russian Federation in the performance of work for the needs of defense, elimination of the consequences of the use of weapons by the enemy, restoration of damaged (destroyed) economic facilities, life support systems and military facilities, as well as in the fight against fires, epidemics and epizootics, join special formations;

5) provide, in accordance with federal laws, the property that is in their ownership, necessary for the needs of defense, with the subsequent payment by the state of the cost of this property.

47. Areas of activity of the state to ensure the rule of law in public administration.

Ensuring the rule of law in the field of public administration is the activity of specially authorized entities, as well as citizens and associations: to prevent violations of the requirements enshrined in the current regulatory legal acts in the activities of executive authorities; timely and complete prevention of offenses, the causes and conditions that give rise to them; bringing to justice those responsible for violating the law.

Ways ensuring the rule of law - a set of legal, organizational methods and forms of activity of state authorities, local self-government, their officials, citizens, public associations to maintain and strengthen the rule of law in the field of public administration.

There are also such ways of ensuring the rule of law as state control, state supervision, judicial control, public control.

State control: concept and types, characteristics. State control is the activity of specially authorized state bodies, their officials and other authorized entities to monitor the functioning of a controlled object in order to establish its deviations from the specified parameters.

Essence state control:

activities of specially authorized bodies and officials within the established competence;

monitoring the functioning of the controlled object, which is in a state of subordination in relation to the subject of control activity;

obtaining complete, reliable information about the state of law in the controlled object;

correlating the activities of the controlled object in terms of both legality and expediency;

taking measures to prevent offenses and avoid harmful consequences;

identification of causes and conditions conducive to the commission of offenses, their neutralization and elimination;

application of measures of responsibility (disciplinary and substantive law);

organization of the most rational (effective) mode of operation of the controlled object.

Depending on the volume and content state control is divided into general (covers all areas of activity of the controlled object) and special (carried out in any specific area of ​​activity, any specific issue - financial, customs, sanitary, environmental, etc.).

Depending on the focus and organizational and legal forms state control is divided into external (carried out in relation to objects not directly subordinate to the controlling body) and internal (carried out within the system of this executive body or other body).

Depending on the stages of implementation of activities control can be: preliminary, current, subsequent.

Depending on the temporary regime of control activities- permanent (systematic) and temporary (periodic).

Depending on the subject of activity there is control of the President of the Russian Federation, control of representative (legislative) authorities and control of executive authorities.

Control of the President of the Russian Federation can be direct and indirect.

Control powers of the President of the Russian Federation:

appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation;

appoints and dismisses, at the suggestion of the Chairman of the Government of the Russian Federation, his deputies and federal ministers;

has the right to suspend resolutions and orders of the Government of the Russian Federation;

has the right to suspend acts of the executive authorities of the constituent entities of the Russian Federation in case they contradict the Constitution, federal laws and international treaties of the Russian Federation;

appoints and dismisses plenipotentiaries of the President of the Russian Federation in the federal districts;

appoints and dismisses the high command of the Armed Forces of the Russian Federation;

exercises other control powers as the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation and the Chairman of the Security Council of the Russian Federation.

Indirect presidential control is exercised by: Administration of the President of the Russian Federation (Control Department of the President of the Russian Federation, Main State Legal Department of the President of the Russian Federation, Plenipotentiaries of the President of the Russian Federation in federal districts).

Plenipotentiary Representative of the President of the Russian Federation in the Federal District- an official representing the President of the Russian Federation within the respective federal district, has the right:

to request and receive, in accordance with the established procedure, the necessary materials from independent divisions of the Administration of the President of the Russian Federation, from federal state authorities, state authorities of the constituent entities of the Russian Federation and local self-government within the federal district;

send their deputies and employees of their office to participate in the work (clause 7 of the Decree of the President of the Russian Federation of May 13, 2000 No. 849 “On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District”).

List of federal districts: Central Federal District; Northwestern Federal District; Southern Federal District; Volga Federal District; Ural federal district; Siberian Federal District; Far Eastern Federal District.

Control in the sphere of public administration is exercised by the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation, the Accounts Chamber of the Russian Federation, and the bodies of representative (legislative) power of the constituent entities of the Russian Federation.

The control powers of the Federation Council of the Federal Assembly of the Russian Federation are exercised:

upon approval of the decree of the President of the Russian Federation on the introduction of martial law;

approval of the decree of the President of the Russian Federation on the introduction of a state of emergency;

resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;

removal of the President of the Russian Federation from office;

appointment of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;

appointment and dismissal of the Prosecutor General of the Russian Federation;

appointment and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors.

The control powers of the State Duma of the Federal Assembly of the Russian Federation are exercised:

when giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;

resolving the issue of confidence in the Government of the Russian Federation;

appointment and dismissal of the Chairman of the Accounts Chamber and half of its auditors;

appointment and dismissal of the Commissioner for Human Rights;

amnesty announcement;

bringing charges against the President of the Russian Federation to remove him from office;

expression of no confidence in the Government of the Russian Federation.

Tasks of the Accounts Chamber of the Russian Federation:

organizing and exercising control over the timely use of income and expenditure items of the federal budget and the budgets of extra-budgetary funds in terms of volume, structure and intended purpose;

determining the efficiency and expediency of spending public funds and using federal property;

assessment of the validity of income and expenditure items of draft federal budgets and budgets of federal extra-budgetary funds;

financial expertise of draft federal laws and regulatory legal acts of federal government bodies;

analysis of deviations from indicators of the federal budget and budgets of federal off-budget funds and preparation of proposals for their elimination and improvement of the budget process as a whole;

control over the legality and timeliness of the movement of funds from the federal budget and funds from federal extra-budgetary funds in the Central Bank of Russia and other financial and credit institutions;

regular submission to the Federation Council and the State Duma on the progress of the implementation of the federal budget.

Depending on the volume and content executive authorities carry out: general, intersectoral (supra-departmental) and sectoral (intradepartmental) control.

General control executive authorities include control over the execution and observance of the Constitution, federal laws, decrees of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, regulatory legal acts of federal executive authorities, laws and other regulatory legal acts of the constituent entities of the Russian Federation; consolidation, unification of subordinate (controlled) bodies in areas of activity; hearing reports and reports of authorized representatives of controlled bodies on the results and status of their activities.

General control carried out by: the Government of the Russian Federation, the governments of the republics within the Russian Federation, the administrations (governments) of other subjects of the Russian Federation.

Intersectoral control of executive authorities is carried out in order to ensure a uniform solution of complex tasks related to a number of branches of government by executive authorities of supra-departmental competence; there is no organizational subordination between subjects and objects of control activity.

Federal executive authorities exercising intersectoral control: the Ministry of Internal Affairs of the Russian Federation, the Ministry of the Russian Federation for Civil Defense, emergencies and Elimination of Consequences of Natural Disasters, Ministry of Natural Resources of the Russian Federation, Ministry of Industry and Energy of the Russian Federation, Ministry of Health and Social Development of the Russian Federation, Ministry of Transport of the Russian Federation, Ministry of Finance of the Russian Federation, Ministry of Economic Development and Trade of the Russian Federation, Ministry of Justice of the Russian Federation, Federal Security Service of the Russian Federation, Federal Antimonopoly service, the Federal Tax Service, the Federal Customs Service, the Federal Agency for Federal Property Management, the Federal Agency for Technical Regulation and Metrology, etc.

Industry control of executive authorities is carried out by both sectoral and executive authorities of intersectoral competence, on certain issues of an intradepartmental nature, there is an organizational subordination between the subjects and objects of this control.

48. Ways to ensure the rule of law in public administration.

Ensuring the rule of law in the field of public administration involves the activities of specially authorized entities, citizens, organizations to prevent violations of the requirements of regulatory legal acts in the activities of bodies and officials of the executive branch, the prevention of offenses, the identification of the causes and conditions that give rise to them, and the prosecution of persons guilty of violations. legality.

Ways to ensure the rule of law - a set of legal, organizational methods and forms of activity of state authorities, local self-government, their officials, citizens, public associations to maintain and strengthen the rule of law in the field of public administration (I. V. Makareiko).

The main ways to ensure the rule of law are state control and state supervision.

State control - the activities of specially authorized state bodies and their officials to monitor the functioning of a controlled object in order to establish violations of the law and expediency in its activities.

Peculiarities state control 1) activities are carried out by specially authorized bodies and officials within their competence; 2) control and controlled bodies, as a rule, are in organizational subordination; 3) consists in conducting special inspections, search actions by authorized bodies and officials in order to identify violations of the law, prevent offenses and prevent the onset of harmful consequences from the illegal activities of the object of control, and also have the authority to identify the causes and conditions that contribute to the commission of offenses; 4) the object under control is checked both from the point of view of the legality of the activity, and from the point of view of the expediency of the activity; 5) based on the results of control measures, the authorities have the right to apply measures of disciplinary and material liability: 6) control measures contribute to the organization of the most rational and efficient mode of operation of the controlled facility.

State control activities are based on the principles of legality, objectivity, independence, publicity, economy, preservation of state and other secrets protected by law.

Types of state control: depending on the volume and content: general (covers all areas of activity of the controlled object) and special (carried out in any specific area of ​​activity, any specific issue, for example, financial, customs, sanitary, environmental, etc. ); according to its focus: external (carried out in relation to objects not directly subordinate to the controlling body) and internal (carried out within the system of this executive body or other body); depending on the stages of the implementation of activities: preliminary, current, subsequent; depending on the temporary mode of control activity: permanent (systematic) and temporary (periodic); by subjects: control of the President of the Russian Federation, control of representative (legislative) authorities and control of executive authorities; and etc.

State supervision is the activity of special state bodies and their officials to systematically monitor the exact and unswerving observance of laws, other regulatory legal acts, carried out on issues subordinate to these bodies in relation to legal entities and individuals not subordinate to them (I. V. Makareiko).

Features of state supervision: 1) the activities of specially authorized bodies and officials (for example, the function of supervision in the established field of activity is performed by federal services, state inspections of a constituent entity of the Federation); 2) supervisory bodies and supervised bodies are not in organizational subordination; supervision can extend both to a certain (personalized) and to an indefinite range of objects; 3) the supervised object is checked solely from the point of view of the legality of the activity; 4) consists in conducting inspections by authorized bodies and officials of compliance with special norms and rules by the objects of supervision, constant monitoring of the object, as well as responding to statements and complaints from citizens and other subjects; 5) based on the results of supervisory activities, the authorities have the right to apply various measures of administrative coercion (for example, issuing orders to eliminate violations of the law) and administrative responsibility.

Types of state supervision: administrative (type of activity of specially authorized executive bodies and their officials for systematic monitoring of precise and uniform observance, execution and application by legal entities and individuals of special norms and rules in a particular area of ​​public administration) and prosecutorial (activity of bodies and officials of the Prosecutor's Office of the Russian Federation to supervise the implementation of the Constitution of the Russian Federation and laws by federal executive bodies, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local governments, military administration bodies, control bodies, their officials, as well as compliance with the laws issued by them legal acts).

Among the ways to ensure the rule of law, there are also judicial control, public control, appealing against the actions and decisions of executive authorities and their officials, etc.

49. State control and its types.

Control as a means of ensuring the rule of law in public administration is a universal means of exchanging information within the public administration system, as well as between the management system and the external environment. Control may consist of hearing reports and messages, conducting inspections, examinations, monitoring, considering complaints, etc.

Depending on the task of conducting control procedures and the stage of the management process, there are current control carried out in the process of fulfilling government orders (in the course of executive and administrative activities), as well as preliminary and subsequent control. It is believed that one hundred preliminary control is a fiction, since it is possible to control only the performed or completed action. However, there is often a need to exercise control at the intermediate stages of complex management processes. In this sense, the control will be preliminary to the next stage of the process. Follow-up control is carried out, respectively, after the completion of certain requirements.

In the Russian Federation, state power is divided into three independent branches, each of which has its own control powers. In this regard, it is possible to single out presidential control, control of the legislature and control of the executive authorities. All types of state control are divided into external and internal, depending on the direction of control measures inside the system of government bodies or outside it, into subordinate structures.

1. Presidential control in accordance with the Constitution of the Russian Federation is carried out in the following forms:

control during the formation of the Government of the Russian Federation, the federal executive bodies directly subordinate to it, the appointment of officials, in particular the Chairman of the Government of the Russian Federation, his deputies and federal ministers, the formation of the Security Council of the Russian Federation and the Administration of the President of the Russian Federation, the appointment of the high command of the Armed Forces;

day-to-day control over the activities of the Government of the Russian Federation and federal executive bodies (chairing meetings of the Government of the Russian Federation, direct management of the activities of a number of federal executive bodies);

control over the legality of acts of executive authorities (the right to cancel decisions and orders of the Government of the Russian Federation in case they contradict the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation; the right to suspend acts of higher official subject of the Russian Federation, etc.).

2. The control of the legislative authorities is manifested in the individual powers of the chambers of the Federal Assembly of the Russian Federation enshrined in the Constitution of the Russian Federation in relation to the state administration bodies. The forms of such control are:

approval by the Federation Council of a decree of the President of the Russian Federation on the introduction of martial law or a state of emergency;

the possibility of a decision by the Federation Council on the removal of the President of the Russian Federation from office;

appointment by the Federation Council of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;

appointment and dismissal by the Federation Council of the Prosecutor General of the Russian Federation;

appointment and dismissal by the Federation Council of the Deputy Chairman of the Accounts Chamber of the Russian Federation and half of its auditors;

giving consent by the State Duma to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;

adoption of a decision by the State Duma on confidence in the Government of the Russian Federation;

3. Executive authorities control the activities of their subordinate structures using various methods, including through direct operational intervention in the activities of organizations and individuals. In addition, there is a system of internal control within the system of executive authorities.

Thus, the Government of the Russian Federation has the right to cancel acts of federal executive bodies or suspend acts. The Government of the Russian Federation also makes proposals to the President of the Russian Federation on the suspension of the acts of the executive authorities of the constituent entities of the Federation in case they contradict the Constitution of the Russian Federation, federal constitutional laws, etc.

50. Parliamentary control over the activities of the state administration.

parliamentary control.

This type of state control is carried out by the chambers of the Federal Assembly of the Russian Federation (Parliament of the Russian Federation), which is the representative and legislative body of the Russian Federation. The Federal Assembly of the Russian Federation consists of two chambers: the Federation Council and the State Duma.

The Federation Council may exercise control in deciding following questions referred to its jurisdiction by the Constitution of the Russian Federation:

Approval of federal laws, including the federal law on the federal budget;

Approval of changes in the borders between the constituent entities of the Russian Federation;

Approval of the decree of the President of the Russian Federation on the introduction of a state of emergency or martial law;

Resolving the issue of the possibility of using the Armed Forces of the Russian Federation outside the territory of the Russian Federation;

Removal of the President of the Russian Federation from office;

Appointment and dismissal of the Prosecutor General of the Russian Federation.

The State Duma may exercise control in resolving the following issues assigned to its jurisdiction by the Constitution of the Russian Federation:

Adoption of federal laws, including the federal law on the federal budget;

Giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation;

Resolution of the issue of confidence in the Government of the Russian Federation;

Appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;

Appointment and dismissal of the Commissioner for Human Rights, acting in accordance with federal constitutional law;

Announcement of amnesty;

Bringing charges against the President of the Russian Federation to remove him from office.

In accordance with the Regulations of the Council of the Federation, approved by the Resolution of the Federation Council of the Federal Assembly of the Russian Federation of January 30, 2002 N 33-SF and the Regulations of the State Duma of the Federal Assembly of the Russian Federation, adopted by the Resolution of the State Duma of the Federal Assembly of the Russian Federation of January 22, 1998 N 2134 -II State Duma, the forms of control activity of the chambers of the Federal Assembly of the Russian Federation are the following:

Preparation and adoption of a parliamentary request;

Holding parliamentary hearings;

Hearing at meetings of the chambers of members of the Government of the Russian Federation (parliamentary hour);

Consideration of issues within the jurisdiction of the chambers at meetings of their committees and commissions;

Invitation to the committee meeting of representatives of executive authorities;

Request by the commission and the committee of the necessary documents and materials;

MP's request.

To exercise control over the execution of the federal budget, the Federation Council and the State Duma form the Accounts Chamber, the composition and procedure for which are determined by the Federal Law of January 11, 1995 "On the Accounts Chamber of the Russian Federation

51. Supervision of the prosecutor's office as a way to ensure the rule of law in public administration. Forms of response of the prosecutor to violation of the law.

Prosecutorial supervision in the field of public administration - the activities of the bodies (officials) of the Prosecutor's Office of the Russian Federation to supervise the implementation by federal ministries and departments, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local governments, military administration bodies, control bodies, their officials of the Constitution and laws, as well as compliance with the laws of legal acts issued by them.

Supervisory activities of the prosecutor's office carried out:

over the execution of laws by federal executive authorities and executive authorities of the constituent entities of the Russian Federation, military command and control bodies, control bodies and their officials, as well as over the compliance with the laws of legal acts issued by them;

observance of the rights and freedoms of citizens by these bodies and officials, management bodies and heads of commercial and non-profit organizations;

enforcement of laws by the administration of bodies and institutions that execute punishment and apply a measure of coercive nature appointed by the court, as well as by the administration of places of detention of detainees and prisoners.

Forms of response of the prosecutor to violations of the law:

prosecutor's protest;

representation of the prosecutor;

prosecutor's decision;

a warning about the inadmissibility of violating the law.

The prosecutor or his deputy brings protest against a legal act that contradicts the law to the body or official that issued this act, or goes to court in accordance with the established procedure, where the protest is subject to consideration within ten days from the date of receipt, which is reported to the prosecutor who brought it.

Representation for the elimination of violations of the law is submitted by the prosecutor or his deputy to the body or official that is authorized to eliminate the committed violations, and is subject to immediate consideration.

The prosecutor, based on the violation of the law by an official, issues a reasoned decision to institute criminal proceedings or proceedings on an administrative offense.

In order to prevent offenses and if there is information about the actions being prepared, the prosecutor or his deputy announces in writing to officials a warning about the inadmissibility of breaking the law.

89. Parliamentary control over the legality of the activities of executive authorities.

The State Duma can influence the executive power with the help of the budget. It evaluates the draft federal budget submitted for its consideration by the Government of the Russian Federation and approves it. The Government of the Russian Federation is obliged to annually submit to the State Duma a report on the execution of the federal budget for the past year.

On a parity basis, the State Duma and the Federation Council form the Accounts Chamber. It must perform tasks such as:

Organization and control over the timely execution of income and expenditure items of the federal budget and the budgets of federal extra-budgetary funds in terms of volume, structure and purpose; determining the efficiency and expediency of spending public funds and using federal property;

Assessment of the validity of revenue and expenditure items of draft federal budgets and budgets of federal extra-budgetary funds;

Financial expertise of draft federal laws, as well as regulatory legal acts of federal government bodies that provide for expenses covered from the federal budget or affect the formation and execution of the federal budget and the budgets of federal extra-budgetary funds;

Analysis of identified deviations from the established indicators of the federal budget and the budgets of federal extra-budgetary funds and preparation of proposals aimed at eliminating them, as well as improving the budget process as a whole;

Control over the legality and timeliness of the movement of funds from the federal budget and funds from federal extra-budgetary funds in the Central Bank of the Russian Federation, authorized banks and other financial and credit institutions of the Russian Federation;

Regular submission to the Federation Council and the State Duma of information on the implementation of the federal budget and the results of ongoing control measures.

The State Duma influences financial activity by appointing and dismissing the Chairman of the Central Bank of the Russian Federation.

The constitutions and charters of the constituent entities of the Russian Federation also contain provisions on parliamentary control over the executive branch. They consolidated such forms of influence as the need to obtain the consent of the legislature for the appointment of the head of government, reports on the execution of the budget.

Many constituent entities of the Russian Federation have granted their representative bodies broader control powers than the Federal Assembly of the Russian Federation has. In a number of republics, the constitutions establish the accountability of governments to representative bodies, in particular, such a form of control as a parliamentary inquiry to the government, its head, individual ministers and heads of other bodies.

52. Administrative supervision.

legality- this is the fundamental principle of the rule of law, which implies the general subordination of members of society to the position on the need for strict observance of the rule of law.

Discipline- an order of things in which all subjects administrative legal relations must perform the tasks and functions assigned to them in accordance with the law.

Forms of law enforcement and discipline:

1) control activities of the state, i.e. monitoring the activities of subjects of administrative legal relations in order to verify from the standpoint of legality, discipline and expediency the actual result of the exercise of their powers;

2) supervisory activities of the state - monitoring the activities of state administration entities in order to verify only the result from the point of view of legality;

3) control and supervisory activities, containing both elements of control and elements of supervision.

Types of control activities:

1) by subjects:

control exercised by the Accounts Chamber of the Federal Assembly of the Russian Federation;

control of the Ministry of Taxes and Dues of the Russian Federation;

control of the Ministry of Finance of the Russian Federation;

judicial control;

2) by methods:

control of documents issued by participants in management activities;

verification of the activity itself;

3) by the time of implementation:

preliminary checks carried out before the implementation of the subjects of administrative legal relations of their rights and obligations;

current checks in the course of activity;

subsequent - control by results;

4) depending on the relationship between the controlling and controlled body:

intersectoral (includes the prosecutor's office, the Ministry of Internal Affairs, etc.);

functional, intra-industry (supervision in the banking sector, sanitary and epidemiological, etc.).

Administrative supervision- the type of activity of specially authorized executive bodies and their officials for the systematic monitoring of accurate and uniform observance, execution and application by legal entities and individuals of legal norms in the field of public administration.

Types of supervisory activities of the state:

sectoral supervision (for example, financial supervision);

intersectoral supervision, carried out not only in the sphere of public administration, but also in other spheres of public life.

There are a large number of state structures involved in administrative supervision. Among them there are specialized departments. It:

State Customs Committee of the Russian Federation;

State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation;

RF Committee for Standardization, Metrology and Certification;

Federal Mining and Industrial Supervision of Russia;

Federal Supervision for Nuclear and Radiation Safety;

State Tax Service of the Russian Federation;

Federal Service of Russia for Supervision of Insurance Activities.

Features of administrative supervision:

is a special kind of state control;

carried out by specially authorized executive bodies and their officials;

surveillance activities are carried out systematically;

the goal is to ensure law and order and public security in the field of public administration;

there is no organizational subordination between the subjects and objects of supervision;

carried out in relation to executive authorities, local self-government, institutions, organizations, enterprises, public associations and their officials and citizens;

carried out using certain methods;

the assessment of the object is given only from the standpoint of legality.

Administrative oversight methods:

constant surveillance;

periodic checks;

inspection of the supervised object;

demand and analysis of documents;

study of appeals of citizens and legal entities, publications in the media about violations of the law in the field of public administration.

Powers of bodies exercising administrative supervision:

receiving the information;

application of administrative warning measures;

application of measures of administrative restraint;

bringing to administrative responsibility;

registration and accounting;

issuance of permits (licenses);

rulemaking.

The subject of prosecutorial supervision is the implementation of laws by federal ministries and departments, representative and executive bodies of the constituent entities of the Russian Federation, local self-government bodies, military administration bodies, control bodies, their officials, as well as compliance with the laws of legal acts issued by them. When exercising supervision over the implementation of laws, the prosecution authorities do not replace other state bodies. Checks on the implementation of laws are carried out on the basis of information received by the prosecutor's office about the facts of violation of the law, requiring the adoption of measures by the prosecutor.

53) administrative and judicial procedure for considering citizens' appeals

A) administrative.

The general procedure for proceedings on complaints and other appeals from citizens is set out in the Federal Law of May 2, 2006 No. 59-FZ “On the Procedure for Considering Appeals from Citizens of the Russian Federation”. The law defined a complaint as a citizen's request for the restoration or protection of his violated rights, freedoms or legitimate interests or the rights, freedoms or legitimate interests of other persons.

Legal status of the complainant . Citizens have the right to apply personally, as well as send individual and collective appeals, including complaints, to state bodies, local governments and their officials, to state and municipal institutions and other organizations entrusted with the implementation of publicly significant functions, and their officials. They exercise this right freely and voluntarily, without violating the rights and freedoms of others.

Consideration of citizens' appeals is free of charge.

When considering an application by a state body, local self-government body or an official, a citizen has the right to:

get acquainted with the documents and materials related to the consideration of the complaint, if they do not contain information constituting the state or other protected federal law secrecy and if it does not affect the rights, freedoms and legitimate interests of other persons;

receive a written response on the merits of the issues raised in the appeal, except for the case when a court decision is appealed (within seven days from the date of registration, such a complaint is returned to the citizen with an explanation of the procedure for appealing this court decision), as well as a notice of forwarding the complaint to the body, to the competence which includes the solution of the issues raised in the complaint;

to file a complaint against the decision made in relation to the submitted application or against the action (inaction) in connection with the consideration of this application in an administrative and (or) judicial procedure in accordance;

file an application to terminate the consideration of the application.

Forbidden:

persecution of a citizen in connection with his complaint;

disclosure of the information contained in the complaint during its consideration, as well as information relating to the private life of a citizen, without his consent. It is not a disclosure of the information contained in the appeal, sending a written appeal to the state body, local government or official, whose competence includes resolving the issues raised in the appeal;

sending a complaint for consideration to a state body, local government body or official, the decision or action (omission) of which is being appealed. If, in accordance with this prohibition, it is impossible to send a complaint for consideration to the body or person whose competence includes resolving the issues raised in the appeal, the complaint is returned to the citizen with an explanation of his right to appeal the relevant decision or action (inaction) in the prescribed manner to the court.

The procedure for filing and considering a complaint. A citizen sends a complaint directly to that state body, local self-government body or that official, whose competence includes resolving the issues raised in the appeal. A complaint that contains issues the solution of which is not within the competence of these bodies (persons) is sent within seven days from the date of registration to the appropriate body (relevant official), whose competence includes resolving the issues raised in the appeal.

The complaint is subject to mandatory registration within three days from the date of receipt by the state body, local self-government body or official.

A complaint received by a state body, local self-government body or an official in accordance with their competence is subject to mandatory consideration. If necessary, its consideration can be carried out on site.

When considering an appeal, a state body, local government body or official:

ensures the objectivity and timeliness of consideration of the complaint, if necessary - with the participation of its applicant;

requests, including electronic form documents and materials necessary for consideration of the appeal in other state bodies, local governments and other officials, with the exception of courts, bodies of inquiry and bodies of preliminary investigation;

takes measures aimed at restoring or protecting violated rights, freedoms and legitimate interests of a citizen;

gives a written answer on the merits of the issues raised in the complaint.

The state body, local self-government body or official, at the request of the body or official considering the appeal sent in accordance with the established procedure, are obliged to provide documents and materials necessary for considering the complaint within 15 days, with the exception of documents and materials that contain information constituting state or other secret protected by federal law, and for which a special procedure for providing is established.

Deadlines for consideration of a written request. The complaint is considered within 30 days from the date of its registration. In exceptional cases, as well as in the case of sending a request on a complaint, the head of a state body or local self-government body, an official or an authorized person has the right to extend the period for considering the appeal by no more than 30 days, notifying the citizen who sent the appeal about the extension of the period for its consideration.

Personal reception of citizens. Personal reception of citizens in state bodies, local self-government bodies is carried out by their heads and authorized persons. Information about the place of reception, as well as the days and hours established for reception, is brought to the attention of citizens. At a personal reception, a citizen presents a document proving his identity.

The content of the oral complaint is recorded in the personal reception card of the citizen. If the facts and circumstances stated in the oral appeal are obvious and do not require additional verification, the response to the appeal with the consent of the citizen can be given orally during a personal reception, which is recorded in the citizen’s personal reception card. In other cases, a written response is given on the merits of the questions raised in the appeal.

If the appeal contains questions, the solution of which is not within the competence of the given state body, local self-government body or official, the citizen is given an explanation where and in what order he should apply.

During a personal reception, a citizen may be denied further consideration of the appeal if he has previously been given an answer on the merits of the questions raised in the appeal.

Monitoring compliance with the procedure for considering applications. State bodies, local self-government bodies and officials, within their competence, exercise control over compliance with the procedure for considering applications, analyze the content of incoming applications, take measures to timely identify and eliminate the causes of violation of the rights, freedoms and legitimate interests of citizens.

B) judicial.

The Law of April 27, 1993 “On Appeal to Court of Actions and Decisions Violating the Rights and Freedoms of Citizens” provides that every citizen has the right to go to court if he considers that illegal actions (decisions, later - inaction) of state bodies, local self-government , organizations, associations or officials, state, municipal employees violated his rights and freedoms.

Subject of appeal. Appealed are collegial and sole decisions, actions (including the provision of information as a basis for making a decision), as a result of which:

Violated rights and freedoms;

Obstacles have been created for the exercise of rights and freedoms;

Illegally imposed duty or liability.

The judicial procedure for resolving complaints is a reliable way to protect citizens, especially in cases where their rights and interests are violated by unlawful actions of government entities. This is due to the fact that cases are considered by judges free from departmental influences and interests, judges are independent, have the necessary qualifications for hearing cases, and the procedure of justice the best way adapted to reveal the truth. The complaint, as a rule, is filed with the court at the place of residence of the citizen; the applicant personally participates in the consideration of the case and can actively defend his interests, in a judicial dispute he is a party equal to the other party to the case, which is the subject of power, whose actions are being appealed.

Judicial supervision over the legality of administrative activities is a type of state control. Its specificity lies in the fact that only the legitimacy of power acts, actions and inaction of subjects of power is checked. The verification is carried out by the justice body when considering specific cases on complaints and lawsuits of citizens.

Consideration by courts of citizens' complaints against acts of officials and executive authorities is administrative justice or justice in administrative cases. Administrative justice in the Russian Federation is characterized by the following features:

1) this is a solution to a dispute between a citizen and a subject of power about the legality of the actions of the latter;

2) disputes are resolved by ordinary courts (general jurisdiction, arbitration);

3) the procedure for considering cases is regulated by the norms of the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation.

Currently, two options for judicial review should be distinguished: at common law and on the basis of special rules. Accordingly, there are general and special judicial complaints.

Court complaints of citizens can also be distinguished by addressees: to the courts general jurisdiction, to arbitration courts and to constitutional (statutory) courts.

Common law appeals to courts of general jurisdiction are regulated by the Law of the Russian Federation “On Appealing to the Court of Actions and Decisions Violating the Rights and Freedoms of Citizens”. In accordance with this Law, every citizen has the right to file a complaint with the court if he considers that his rights and freedoms have been violated by unlawful actions or decisions of state bodies, local self-government bodies, institutions, enterprises, public associations, officials, civil servants.

Collegial and sole actions (decisions), as a result of which:

a) the rights and freedoms of a citizen are violated; b) obstacles have been created for the citizen to exercise his rights and freedoms; c) any duty is unlawfully imposed on the citizen or he is unlawfully brought to any responsibility.

The courts consider complaints against any actions (decisions) that violate the rights and freedoms of citizens, except for those in respect of which the legislation provides for a different procedure for judicial appeal.

A citizen has the right to file a complaint against actions (decisions) that violate his rights and freedoms, either directly to the district court, or to a higher authority, institution, enterprise or association, public association, official. An administrative complaint must be considered within a month. If a citizen's complaint is denied or he has not received a response within a month from the date of its filing, he has the right to file a complaint with the court.

According to the law, a judicial complaint may be filed by a citizen whose rights have been violated, or by his representative, and also, at the request of a citizen, by an authorized representative of a public organization or labor collective.

The complaint is sent at the discretion of the citizen either to the court at the place of his residence, or to the court at the location of the defendant.

In the same manner, a serviceman has the right to apply to a military court with a complaint against the actions (decisions) of military command and control bodies and military officials that violate his rights and freedoms.

Having accepted the complaint for consideration, the court, at the request of the citizen or on its own initiative, has the right to suspend the execution of the appealed action (decision).

The time limits for filing a claim are as follows:

three months from the day when the citizen became aware of the violation of his right;

one month from the date of receipt by the citizen of a written notice of the refusal of a higher body, association, official to satisfy the complaint or from the day of the expiration of a month after the filing of the complaint, if the citizen did not receive a written response to it.

Missed by good reason the deadline for filing a complaint may be restored by the court.

Having established the validity of the complaint, the court recognizes the contested action (decision) as illegal, obliges the citizen to satisfy the demand, cancels the application of a measure of responsibility to him or otherwise restores his violated rights and freedoms. If the appealed action (decision) is recognized by the court as legal, not violating the rights and freedoms of a citizen, it refuses to satisfy the complaint.

In the Supreme Arbitration Court of the Russian Federation, federal district arbitration courts, courts of the constituent entities of the Russian Federation, boards are specially formed to consider disputes arising from administrative-legal relations. They consider complaints from citizens with the status of an individual entrepreneur and organizations against the actions of government entities. In particular, arbitration courts have jurisdiction over economic disputes on violation of the rights of the owner, refusal of state registration, collection of fines, invalidation of non-normative acts of state bodies, compensation for losses, insolvency (bankruptcy).

Litigation based on special rules is an exception to common law litigation. In cases established by special rules, complaints are also sent to the court, but the procedures for filing and considering them differ in some originality.

An example of a special judicial complaint may be an appeal under Part 1 of Art. 31 of the Federal Law "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation", on the basis of which decisions and actions (inaction) of the Central Election Commission of the Russian Federation and its officials can be appealed to the Supreme Court of the Russian Federation.

Special complaints to arbitration courts in accordance with the Arbitration Procedure Code of the Russian Federation are filed if the federal law establishes a pre-trial (claim) procedure for settling disputes for a certain category of cases. In such cases, the court may accept the case for proceedings if the procedure for pre-trial consideration of disagreements is followed.

Citizens may apply to the Constitutional Court of the Russian Federation in accordance with the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", which regulates the specifics of considering cases on complaints of violations of the constitutional rights and freedoms of citizens. Citizens whose rights and freedoms are violated by the law applied or to be applied in a particular case, and associations of citizens have the right to appeal to the Constitutional Court of the Russian Federation with an individual or collective complaint. Based on the results of consideration of such a complaint, the Constitutional Court of the Russian Federation makes one of the following decisions: 1) on recognizing the law or its individual provisions as consistent with the Constitution of the Russian Federation; 2) on the recognition of the law or its individual provisions as not in conformity with the Constitution of the Russian Federation.

In the event that the Constitutional Court of the Russian Federation has recognized the law applied in a particular case as inconsistent with the Constitution of the Russian Federation, this case, in any case, is subject to review by the competent authority in the usual manner.

Resolutions of the Constitutional Court of the Russian Federation are subject to immediate publication in the official publications of the state authorities of the Russian Federation, as well as the constituent entities of the Russian Federation to which they relate.

Thus, every citizen has the right to file a complaint with the court if he considers that his rights and freedoms have been violated by illegal actions (decisions) of state bodies, local governments, institutions, enterprises and their associations, public associations or officials, civil servants.

Social regulation knows the most diverse, including very exotic ways of influencing the participants in social relations, people's behavior. But, no matter how paradoxical it may seem, all of them can be reduced to three main groups according to the nature of the impact: incentives, coercion, coercion.

Motivation- such a method of social regulation, when the impact is addressed to public or individual consciousness, to public or personal psychology (feelings, habits, in a word, to emotions). Impact is a belief in the usefulness, profitability of certain behavior, organization and character social connections, distribution and implementation of certain social roles. Violence, coercion are absent, authority operates (the force of authority, not the authority of force). This method was very common in the regulatory systems of primitive society, in those early class and subsequent societies where there was no heat of class, national struggle, where society was united by national values ​​and ideals.

compulsion- such a method of regulation, when the impact is based on stimulation, mainly material, the established material or other benefit determines the socially necessary, desired behavior. Social regulation is based either on encouragement in different forms for appropriate behavior, or on deprivation of relevant property benefits, privileges, favorable living conditions.

Finally, compulsion- this is a method of influence when socially necessary or desired behavior is achieved, provided with the possibility of using violence, causing physical or mental suffering to persons deviating from the established rules of behavior. This or that state of society with this method of regulation is achieved by the possibility (threat) of state or social coercion, and, if necessary, by the realization of this threat.

Of course, in social regulation, either all methods are used (they are intertwined), or their various combinations, combinations, or there is a separate use of individual methods.

“Metaphorically, one can imagine the whole situation with the methods of social regulation by analogy with a trip of a person on an ungulate animal, for example, on a donkey. It can be made to move by urging, calling to this action. You can use a "stimulus" - a stick with a pointed end, with which the donkey was pricked from the most ancient times of friendship between this animal and man. Finally, the donkey can be induced to move by placing an appetizing bundle of hay at the end of a long stick and exposing this bundle in front of the animal's muzzle. It will also begin to move” Vengerov A. B. Theory of State and Law: Textbook. M.: Lawyer, 2005. S. 198. .

All these three methods of regulation really fit into the most diverse ways of influencing the behavior of a person and his collective formations.

However, it should be noted that at the previous stage, the domestic theory of state and law long time paid main attention to the method of coercion, linking with it the class approach to social regulation, the need for class violence in the fight against class opponents, the most effective way to manage the life of a socialist society. But the real variety of methods of regulation prompted some domestic legal scholars to study other ways of influencing public relations, including methods of encouragement, stimulation.

This was facilitated by economic attempts in the mid-1960s in the USSR to expand the use of self-supporting principles in the management of the socialist economy, supplement them and even modify the established rigid planned, operational and economic methods of managing the national economy.

The method of coercion acquired particular importance at this stage for the introduction of special social mechanisms that enforce the law.

As already mentioned, in the 30-50s in the definition of law, emphasis was placed on the security of legal rules (norms) by coercion, which came from the statehood of power. This coercion was real, it formed the basis of a policy that formed the order "favorable" and "pleasing" to certain political forces, ensured the dominance of these forces.

But already in the 80s there are scientific work, in which it is argued that encouragement, stimulation also ensure the implementation of legal requirements.

The concept of so-called incentive norms was formulated. These ideas have become part of the scientific baggage modern theory law, since it really reflects the diversity of methods of social regulation, does not allow the previous vulgarization and exaggeration of coercion, including in the understanding of law as one of the social regulatory systems.

Coercion is a violent influence on the consciousness and will of a person, imperatively imposing a certain variant of behavior on him.

The essence of coercion lies in the denial of the will of the subject, in the absence of any freedom of choice. Coercion can be psychological, property, physical, organizational character. the main objective coercion - to protect the rule of law in society, to ensure the lawful behavior of all participants in social relations.

Particular attention is paid to the legal nature of coercion. The main thing is the requirement of legality, according to which any restriction of the rights and freedoms of citizens is permissible only on the grounds and in the manner expressly provided for by law. Moreover, not only legality, but also the validity, justification, expediency of coercion are of great importance. Whenever possible, coercion, its most severe forms, should be abandoned.

The use of coercion is not a general rule, but part of the special competence of individual state bodies. The totality of these state bodies forms the law enforcement system of the state.

State coercion is carried out according to the principles:

· State monopoly on coercion.

Revenge, lynching, arbitrary exercise and protection by private individuals of their rights, freedoms and interests are prohibited. The exception is the legal institution of necessary defense, when the state delegates to citizens the power to protect their lives, health, property, intangible benefits.

· Equality of all and everyone before the law and court.

The state guarantees equal legal status subjects of law and the prohibition of discrimination. Coercive measures are applied to a person regardless of his citizenship, place of residence, social, property and official position, race and nationality, gender, age, education, language, attitude to religion, political and other beliefs.

· Presumption of innocence.

A person is presumed innocent of committing an offense until his guilt is proven in the manner prescribed by law. No one is obliged to prove his innocence, to testify against himself and his loved ones. The burden of proving the circumstances that testify to the fact of an offense and the guilt of a person rests with the state.

· Humanism.

Prohibition of ill-treatment, torture, corporal punishment. Moratorium on the death penalty or its complete abolition. Minimization of harm caused to a person by coercive measures. Law enforcement should not treat a person, humiliating his dignity as a person. It is prohibited to accept into service firearms and ammunition that cause excessively severe injuries or are a source of unjustified risk. Punishment should pursue not only punitive, but also educational goals.

· Individualization, proportionality and one-time punishment.

Coercive measures should be applied taking into account the identity of the perpetrator, his marital status, forms of guilt, mitigating and aggravating circumstances, causes and conditions that contributed to the commission of the offense. The size of the sanction must correspond to the harm caused, that is, the punishment must be proportionate to the deed and be imposed taking into account the harm caused. Thus, the measure of responsibility must be adequate to the offense. No one can be held liable repeatedly for committing the same offence.

The right of individuals to compensation by the state for harm caused illegal actions(inaction) of state bodies or officials.

Coercive measures, showing the form in which coercive influence is carried out, can be grouped into four blocks:

Ш Security measures.

They are used for the prevention, prevention, prevention of offenses, other harmful actions and events that threaten public and private values. In this case, we are talking about the system of state control in various areas of government.

Types: any control measures, checks, revisions, inventories; verification of identity documents; stopping vehicles and checking documents for the right to use and drive them, as well as documents for the vehicle and the cargo being transported; inspection of hand luggage and luggage of passengers of civil aircraft; quarantine; access control in specially protected territories, in closed administrative-territorial formations, in military camps, on the state border; administrative supervision of persons released from places of deprivation of liberty; operational search activities.

The main feature is that there is no threat to public values ​​at the moment, it is allowed only as a potential opportunity. Security measures are applied to a person regardless of whether he committed an offense or not. The state here operates in a state of emergency, restricting individual human rights and freedoms in order to protect more important values.

Ш Measures of restraint.

They are used to stop offenses or other threatening behavior, detain the offender, and ensure that he is brought to legal responsibility.

The basis for the application of preventive measures is the presence of a real threat to public (private) values ​​or the direct fact of an offense.

Types: restriction and prohibition of traffic and pedestrians; cordon (blocking) of territories; physical impact; the use of special means (rubber sticks, handcuffs, water cannons, service dogs, tear gas, electroshock devices, etc.); the use of weapons; delivery, detention, drive; medical examination and compulsory treatment; personal search and examination of things and documents; seizure of objects and documents; suspension from work, from driving; detention of the vehicle; suspension of account transactions credit organizations; seizure of property; forced evacuation - eviction from areas dangerous for living; from houses threatening to collapse; closure of sections of the border; curfew; prohibition of operation or temporary closure of facilities.

Ш Measures of responsibility (sanctions).

They are used to punish and re-educate the offender. These measures are based on the idea of ​​retribution as a negative reaction of the state and society to the committed offense.

Depending on the factual basis (crime, misdemeanor, tort or violation of labor discipline) legal liability is divided into four types: criminal, administrative, civil and disciplinary. Accordingly, the measures of legal liability are also subdivided.

Criminal sanctions - a fine; deprivation of the right to hold certain positions or engage in certain activities; deprivation of a special, military or honorary title, class rank and state awards; compulsory work; correctional work; restriction on military service; confiscation of property; restriction of freedom; arrest; maintenance in a disciplinary military unit; deprivation of liberty for a specified period; life imprisonment; the death penalty.

Administrative sanctions - warning; fine; deprivation of a special right; paid seizure of property or confiscation; administrative arrest; expulsion of foreign citizens from the state.

Civil law sanctions - fine, forfeit, penalty interest, interest for illegal use Money.

Disciplinary sanctions - remark, reprimand, severe reprimand, warning about incomplete service compliance, dismissal.

Ш Recovery measures.

They are used to restore the violated legal status, to eliminate (compensate) the harm caused. The essence of restorative measures is compensation for the damage caused. As a rule, they are applied simultaneously and in parallel with liability measures.

Types: imposing an obligation to compensate for the damage caused; recovery of arrears and penalties from the taxpayer; demolition of unauthorized buildings; administrative eviction from illegally occupied residential premises; collection of alimony; recognition of the transaction as invalid with the return of the parties to their original property status; reinstatement of illegally dismissed workers; the abolition of illegal legal acts - regulatory or individual legal. A typical example of legal restoration measures is the imposition on the mass media of the obligation to refute information that does not correspond to reality and discredits the honor and dignity of citizens or organizations.