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Title of Article

THE PRINCIPLE OF COMBINING PERSUASION AND COERCION IN ADMINISTRATIVE LAW


Issue
2
Date
2019

Article type
scientific article
UDC
34
Pages
66-70
Keywords
 


Authors
Astafichev P.A.
Sankt-Peterburgskiy universitet Ministerstva vnutrennikh del Rossii


Abstract
The article examines the dichotomy of persuasion and coercion in administrative law. The author argues that persuasion and coercion as methods of influencing a person have comparative advantages and disadvantages. The main advantage of coercion as a form of influence on a person consists in achieving a fast administrative effect. Methods of persuasion can be applied before criminal and administrative delicts, but not after they have been committed. The method of persuasion can be used along with coercion in order to prevent subsequent offenses. To influence a person's behavior, it is possible not to use power at all, even if it is available due to the existing rules of administrative law. One can exercise control by means of advice, recommendations, assistance, or by combining communication at the official and personal levels. Control and power are not identical.

File (in Russian)