The Doctrinal Principle of Combining Persuasion and Coercion in Theory and Law Enforcement Practice
Автор: Demichev A.A.
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Теоретико-исторические правовые науки
Статья в выпуске: 3 (81), 2025 года.
Бесплатный доступ
The relevance of the research is due to the fact that there are no special studies on the doctrinal principle of combining persuasion and coercion in the scientific literature. The purpose of the research: to identify the content of the doctrinal principle of combining persuasion and coercion in the scientific literature and law enforcement practice and determine its role in the Russian legal system. Research methods: historiographic, allowing the determination of the problematic field of research; formal legal, consisting in analyzing the texts of normative legal acts with a view to identifying the presence or absence of legal principles in them; analysis of law enforcement practice, aimed at establishing the frequency of using the doctrinal principle of combining persuasion and coercion in judicial acts. Results: the article substantiates that the principle of combining persuasion and coercion is not a principle of law (a principle of positive law), but it is a doctrinal principle that is not enshrined in any normative legal act and functions not in the sphere of law, but in the sphere of legal consciousness. The article establishes that the few representatives of theoretical legal science and individual branch legal sciences who recognize the existence of the principle of combining persuasion and coercion regard it as a general legal principle. However, no one seriously argues that it is true and operates in all branches of law. At the same time, it is recognized that this principle is not legally established, but is derived from general ideas about law, an analysis of legal prescriptions, and a set of legal norms. Also, no one considers the actual mechanisms for the practical implementation of the principle of combining persuasion and coercion. An analysis of judicial practice leads to the conclusion that the principle of combining persuasion and coercion is completely unclaimed by the courts and does not play any role in the Russian legal system.
Doctrinal principles of law, principles of law, positivist concept of principles of law, principle of combining persuasion and coercion, law enforcement practice
Короткий адрес: https://sciup.org/142245819
IDR: 142245819 | УДК: 340.1 | DOI: 10.33184/pravgos-2025.3.2