Measures of administrative coercion to ensure the enforcement of prescribed legal requirements of the police in the established areas of control and supervisory activities

The article raises the question that authorized officials of the internal affairs bodies (police) in the established areas of control and supervisory activities are entitled to make legitimate demands on individuals and organizations through the adoption of law enforcement administrative legal acts (regulations, representations, etc.). By virtue of Part 4 of Article 13 of the Federal Law “On Police”, representations and prescriptions are recognized as mandatory for execution by all state and municipal bodies, organizations, officials and other persons within the time limits specified in the request, but no later than one month from the date of its delivery. In case of their non-fulfillment or improper execution, as a general rule, administrative liability is provided for in the Administrative Code of the Russian Federation. However, with the adoption in 2020 of Federal Law No. 248 “On State Control (Supervision) and Municipal Control…”, the police, in the implementation of federal state control (supervision) in the field of road safety, the police (traffic police units), in case of non-compliance with the instructions on the elimination of violations of mandatory requirements within the prescribed period, had the right to apply measures administrative enforcement of previously prescribed legal requirements by means of newly issued prescriptions, up to applying to the court in order to ensure their execution (Article 90). In other established areas of control and supervisory activities of the police, the norms of Federal Law No. 294 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs…” are applied, which do not provide for measures of administrative coercion to enforce police orders. Based on the analysis of the norms of the Federal Law “On the Police”, other federal laws, Resolutions of the Government of the Russian Federation and Orders of the Ministry of Internal Affairs of Russia, the question of the need for a system of administrative coercion measures used in police activities to determine a special type of administrative coercion measures aimed at ensuring compliance with legal requirements prescribed by the law enforcement administrative legal act of the police.