THE CONCEPT AND SPECIFIC FEATURES OF ADMINISTRATIVE COERCION MEASURES IN THE ACTIVITIES OF THE MILITARY LAW ORDER SERVICE IN THE ARMED FORCES OF UKRAINE

Abstract

It is argued that the key characteristics of the concept of «administrative
coercion» are the following: 1) carried out on behalf of and under the authority of
the state, which finds its manifestation in the types, conditions and methods of
implementation clearly regulated by legal norms; 2) are an external form of
application of administrative norms; 3) are implemented by active actions based
on the volitional application of norms by authorized entities; 4) are associated
with personalized responsibility for compliance with the law by the entities
applying them; 5) compliance with the content of the legal status of the entities
implementing them, as well as with the goals and objective needs of application;
6) are associated with the restriction of the rights and freedoms of individuals and
legal entities, which occurs beyond their will; 7) are aimed at preventing, stopping
the violation or restoration of the established legal order within the competence
and powers of the entity implementing them.
It was found that administrative coercive measures in the activities of the
Law Enforcement Service are defined by administrative legislation means (mainly
physical and psychological) of influence on persons who pose a threat to law
violators in the Armed Forces of Ukraine, which, under the conditions provided
for by legal norms and in the established scope and procedure, are applied by
authorized military personnel in order to prevent and/or stop such illegal actions.
It is argued that the features of such measures are: first, the purpose of
application is to prevent and stop violations in the Armed Forces of Ukraine;
protection of the life, health, rights and legitimate interests of military personnel,
military servicemen during their training; employees of the Armed Forces of
Ukraine, as well as property of the Armed Forces of Ukraine from theft and other
illegal encroachments; secondly, the territorial scope of their application: places
of deployment of military units, military educational institutions, institutions and
organizations (military units), military camps, streets and public places, as well as
military facilities in the event of participation in countering sabotage and terrorist
acts at such facilities; thirdly, the subject of application is exclusively military
personnel who have passed the selection and verification of professional
suitability for service and received professional training in specialized areas at the
Training Center and have been appointed to relevant positions in the Law
Enforcement Service.