On the content, theoretical foundations and admissibility criteria of state legal coercion
Автор: Petrenko Mikhail Nikolaevich
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Теория и история права и государства. История учений о праве и государстве
Статья в выпуске: 1 (51), 2018 года.
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An increasing number of external and internal problems calls on the state to have a high level of legitimacy, achieved by the effective use of state legal coercion to ensure the security of citizens in relations both among themselves and with public actors. These circumstances require from researchers a consistent study of state legal coercion based on the classical methodology, as well as identifying theoretical bases and admissibility criteria. As a result of the research, the author proposes to understand state legal coercion as the form of realization of state power, in which the behavior of the coerced subject is significant for society (in the name of the state), the author believes that its ground in a broad sense is the need of the state to fulfill its functions. The author thinks that the general criterion for the admissibility of state legal coercion is the conformity of its application to the requirements of justice, namely, justification and proportionality.
State legal coercion, grounds for coercion, admissibility criteria of coercion, validity, proportionality, equity
Короткий адрес: https://sciup.org/142232805
IDR: 142232805