State coercion and its implementation in administrative proceedings

We investigate the state coercion legal nature, the implementation problems of the latter in administrative proceedings. We illustrate the positions of legal scholars regarding the views on the actual basis of the use of state coercion measures. It is emphasized that the recognition of an offense as the only factual basis for the application of state coercion measures will be valid only in the case of the application of legal liability measures, while prevention and protection measures assume the presence of other legal facts. We analyze the issues of state coercion in the light of their normative consolidation in the Code of administrative procedure of the Russian Federation. Also we investigate characteristic features of coercion in administrative proceedings. We point out on the coercion specificity in the sphere of administrative proceedings as a form of law enforcement activity, the implementation of which is entrusted to the judiciary. The problem of more precise systematization of state coercion measures in administrative proceedings is raised. We consider the actual basis issues for the coercive measures use from different positions. The necessity of studying the measures of legal coercion is determined. In addition, it is indicated that the implementation of administrative procedural coercion measures in administrative proceedings is aimed primarily at restoring the violated procedural order and is restorative in nature.