Preventive measures in administrative law are one of the key tools that allow enforcement at the state level within the framework of the law. The application of such measures is the most effective method of terminating unlawful acts on the part of some individuals. The essence of the idea is that behavior that violates the rights of others is forcibly stopped by the efforts of persons who, by their position, have rights and privileges. Thus, it is possible to stop not only individuals, but also to impose restrictions on enterprises, organizations that are trying to go across the law.
general information
Administrative warning, preventive measures have a number of signs that allow the division of this group of law enforcement activities into several classes. You also need to remember that there are restrictions stipulated in the laws of the country.
Measures of administrative and procedural restraint are implemented only if there is a situation that is dangerous to others and violates rights, laws, and rules. When the order established by laws, relations in society, guarded by the current legal standards, are threatened, there is a sense in preventive measures.
What, how and when
Simply put, the measures of administrative restraint include such behavior of officials that allows you to stop the acts committed at the moment, thereby eliminating the danger to outsiders. These measures can regulate the situation at the moment, which means that they are applied by the participants in the situation independently.
Measures of administrative legal restraint are necessary so that in the event of a conflict, the situation is returned to normal in an extremely short time period. It is believed that this is an instant reaction, a kind of law enforcement “first aid”. In the general sense, the concept of administrative preventive measures has been exhausted.
Goals and situation
The goal of administrative preventive measures is officially to quickly eliminate the existing violation of laws and public order. If a situation arises that violates someone’s rights, through the use of such measures it is resolved with minimal damage to all participants (as far as possible under stressful conditions). When a situation arises that poses a threat to society, it is special administrative preventive measures that help restore balance and eliminate the cause, thereby making the functioning of society normal again.
Much in each individual version depends on the individual characteristics of the situation. In some cases, administrative punishment measures and administrative preventive measures have additional goals. Law enforcement officers may take measures aimed at preventing a dangerous situation or one that will cause a violation of citizens' rights. Allocate such measures that are aimed at eliminating the consequences of what has already happened. In some cases, this involves prosecution.
Simplified example
Physical strength is a type of administrative preventive measure. Its use is permissible only in those situations that are expressly indicated in the laws in force in the country. This may be a requirement to search for personal belongings of a certain citizen. Physical strength can be used if a person needs to be delivered somewhere.One can resort to such a measure only in a situation when the relations arising between the participants in the situation provoke this and make more diplomatic ways impossible.
When is it possible?
It is allowed to apply administrative measures of restraint only in the case when there is a certain citizen who acts contrary to the laws of the country. You can resort to measures without first examining what a person’s guilt is. Moreover, the fact of guilt is not checked before applying administrative measures, this is not considered mandatory. This is what the law says.
It must be remembered that measures are used if behavior clearly violates the law. It does not matter why a person commits such acts. Identification of the reasons that prompted such behavior will be taken over by the prosecution. But administrative measures are needed to stop the offender here and now. They are coercive, and the object of the measures is not a person, but behavior.
What and who?
By law, administrative preventive measures are available to law enforcement officers. As a rule, this is operational work that directly suppresses the activity of someone who violates the laws.
Exposure is not always brute force. Psychological influence on violating the rights of others is also practiced. As a result of applying administrative preventive measures, a person in fact simply cannot act as before, contrary to laws. Instead, he is assigned duties that he has to fulfill.
All according to the law
Measures of administrative restraint are applied only as an element of the relations characteristic of the managerial public sphere. As their main goal, they pursue the cessation of violation of rights. And for this, you first need to accurately identify that in a particular situation this same violation takes place.
From the point of view of recognized experts, the specifics of the described law enforcement measures are such that they require a quick reaction of persons in the respective position. These people need to be able to make decisions on their own. Only in this case, it is possible to quickly apply the information received and the powers given by the country's authorities. Moreover, administrative preventive measures are applied without special documentation of the situation. No need to pre-do the protocol, acts, regulations. If the need arose, administrative preventive measures are simply used as part of the ongoing conflict.
How much influence?
In terms of severity, measures of administrative restraint differ quite strongly. The degree to which a serious approach should be practiced in the current situation is decided on the basis of the nature of the criminal actions. As you know, the violator can oppose the defenders of the law. Focusing on how actively he does this, law enforcement officers choose measures of administrative restraint.
A person committing an unlawful act may receive damage during a conflict situation. Restoring it in the future is not always possible. In particular, a gunshot injury may occur. Of course, a certain restoration is often acceptable, but not fully.
Standards: who obeys?
A distinctive feature of the standards to which administrative preventive measures are subordinated is that they do not apply at all to persons violating public law and order. The law spells out such standards to which the guards of order and peace of society are obliged to obey. Some positions apply only to officials, others to authorities.
Such an approach made it possible to limit the ability to “bend for oneself” ordinary people. Possessing power, power structures are called upon to protect and protect ordinary citizens, and not to dominate them and to do what they wish.It was for the protection of this order that standards were developed that were written into the current laws of the country.
Definition: general view
Measures of administrative restraint should be based on legal standards: procedural, administrative. This is a technique for influencing the psyche, physically on a person committing an unlawful misconduct. Measures are available only to those who are authorized to maintain order in society. Measures are applied directly, stopping illegal activities.
Depending on how they influence the offender, measures are divided into:
- special;
- ordinary.
The division is carried out according to the following logic: by default, all measures are categorized as ordinary and are not declared, but special ones are put on a separate list.
Special measures
Such measures should include administrative preventive measures that involve the use of physical force on the participants in a conflict situation. Participants can use rubber sticks as tools, as well as handcuff especially aggressive persons. You can use some other methods, means to force to stop illegal activities. It may reach the use of firearms.
Special measures from ordinary ones are primarily distinguished by the fact that the application is allowed only if it is impossible to resort to softer methods for resolving a conflict situation. Special measures are allowed when citizens who violate order in the society behave especially dangerously, and other methods of keeping the situation under control do not show efficiency and effectiveness.
Police: law enforcement has rights
Most often in situations where it is necessary to resort to ordinary and special measures, police officers find themselves. Due to the dangerous and difficult nature of their work, such officials often face the need to analyze the situation very quickly and to understand whether it is possible to do with mild means or to resort to the most aggressive ones.
It follows from the laws of our country that police officers may demand that persons committing unlawful acts stop such behavior. In addition, their rights demand to stay with those who interfere with the work of municipal, state bodies. Police officers may prohibit drivers from driving vehicles, operating cars and aggregates that they are supplemented with (trailers, etc.) if this creates a danger on the road. If a car is wanted, a police officer has the right to detain her.
What else can a policeman do?
According to the law, a representative of law enforcement agencies can detain a drunk person and send him to a medical organization. A similar measure can be applied to those who are in a toxic, narcotic dope and cannot, on their own, navigate the terrain, move.
In some cases, the policeman may seize weapons and ammunition. All such situations are described in law under number 150 of 1996. It can also limit the operation of an object, take measures to achieve security. The powers and possibilities, as well as the limitations of administrative preventive measures in this situation are prescribed in the federal laws of our country.
It is important!
Special measures have some important features. Thanks to them, jurists group methods of influencing offenders. They take into account that they resort to such scenarios only when there is an obvious need for a “tough” approach, that is, overcoming the opposition. This is not only physical. The task of the person acting as the guardian of legal order is to stop the activity and eliminate the encroachments on the safety of both society and the individual.
As a rule, administrative preventive measures provoke opposition from the initiator of the conflict. In addition, the measures themselves are a response to the situation provoked by the offender. The need to resort to this scenario is usually due not to the nature of the offense, but to the unwillingness of the offender to cease his activities and obey the law, which is represented by a representative of law enforcement agencies (usually a police officer). Since the offender not only encroaches on the rights of an individual established by law, but also on the power itself and the order of government, this makes his behavior even more aggressive.
Apply correctly
Special measures are usually applied when there is an encroachment on a crime. In legal science, they usually talk about a valid, available encroachment. At the same time, the violator of the established law and order opposes the representatives of the authorities and the protection of laws.
By their nature, special measures are physical coercion, due to which the offender ceases unlawful activity. As a rule, they resort to the muscular strength of police officers, and also use various special and non-special techniques and tools, including weapons and equipment that the law enforcement agencies have at their disposal.
Laws and special measures
The legislation of our country gives a fairly complete coverage of all possible special administrative measures available to law enforcement agencies. Studying regulations, we can distinguish the use of:
- physical impact;
- coercive means;
- weapons.
Special means include various types of weapons in the form of sticks, devices that affect different human senses, including electroshock. Funds are gas and powder. Finally, the police have the right to use additional means to help immobilize participants in a conflict situation.
When resorting to physical impact, weapons or special equipment, one should remember the duties of law enforcement officers prescribed in the laws of the state:
- comply with the standards for the use of funds;
- when committing acts that lead to harm to others (especially in situations where it is necessary to prevent a crime), it is important to follow the criminal laws of the country.
The latter involves taking into account the norms of defense, the need to prevent possible harm during detention. In some conditions, harm is possible, but only if the situation provokes it.
Police - special attention
Some time ago, a federal law was passed, it is to him that all actions of the police in our country should be subordinate. From the normative act it follows that the activities of law enforcement officers should cease if the goals are achieved or it becomes clear that to achieve the goal is not possible in the current conditions. You can’t achieve your goal by restricting freedom, the rights of ordinary citizens.
Police officers can use coercive measures if in a specific situation it seems necessary on the basis of the duties assigned to them, as well as exercising their rights. But all this is possible only in situations directly described in the fifth part of the sixth article of the federal law on the work of the police in Russia.