PRINCIPLE OF APPLICATION OF ADMINISTRATIVE COERCION MEASURES BY THE MILITARY LAW ORDER SERVICE IN THE ARMED FORCES OF UKRAINE

Abstract

It was found that the principles of applying administrative coercion
measures represent indisputable requirements, rules for applying appropriate
measures and are reflected in legal norms, the purpose of which is to reconcile the
social necessity of applying such measures and the interests of the public in the
inviolability of universal human values recognized by law. It was noted that these
principles are not singled out in a separate list in the norms of current legislation, but they are only deduced from the content of those acts that regulate the work of
the Law Enforcement Service.
Three groups of principles of applying administrative coercion measures by
the Military Law Enforcement Service in the Armed Forces of Ukraine are
distinguished, in particular: general legal, sectoral and special. Thus, the general
legal ones include the principles of legality, respect for the individual, his rights
and freedoms, etc. In turn, the sectoral principles of administrative law, which
include: centralized management and single leadership, interaction with the
public, are aimed at: first, reflecting the influence of general principles of law and
principles of administrative management on the regularities of the activities of the
Law Enforcement Service; second, adapting the basic values laid down by the first
two groups of principles to the scope of application of administrative coercive
measures. It is argued that the following should be included in the group of
specific principles: proportionality, i.e. the correspondence of coercive measures
to the actions that the serviceman of the Law Enforcement Service intends to
prevent, stop, or facilitate; expediency, which is manifested in the fact that the
application of such measures, taking into account the external conditions of
objective reality, is optimal for achieving a certain goal; individual responsibility
of the serviceman for choosing and adhering to the procedure for implementing
such a measure; limitedness, in particular, the legislation defines certain places
and a range of subjects in relation to which certain measures of administrative
coercion are prohibited under certain conditions; the absence of discrimination,
personal preferences or dislike of a serviceman towards a person due to sexual,
political, social, religious, racial, national or other affiliation should not influence
the choice of applying a measure of administrative coercion.