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Article's History:
Received 13 March, 2019; Received in revised format April, 2019; Accepted27 May, 2019; Published20 June, 2019.
Copyright © 2019, by ASERS® Publishing. All rights reserved.
Abstract:
This research dwells on the concept, specifics and classification of administrative and legal coercive measures used in the activities of law enforcement bodies. The authors of the article consider legal grounds for their application and the system of bodies applying administrative coercion as two separate phenomena. They also provide general characteristics of the international application of administrative coercive measures and address the issues of applying the chosen measures of administrative and legal coercion. The article aims at analyzing the notions, features and general characteristics of the main administrative coercive measures used in the activities of law enforcement bodies in Kazakhstan. The paper presents conclusions and suggestions on the implementation of administrative and legal coercive measures used by law enforcement bodies. In addition, it considers the possibility of utilizing international experience in training employees who apply administrative coercive measures.
Keywords: compulsory measures; administrative coercion; administrative coercive measures; the activities of law enforcement bodies.
JEL Classification: K23; K19; K42.
Introduction
Due to the current reformation of public administration in Kazakhstan, it is important to consider the proper and expedient application of administrative and coercive measures used to bring individuals and legal entities to administrative responsibility and regard these measures as an effective means of limiting human rights and fundamental freedoms. To fulfill the necessary tasks, law enforcement bodies of Kazakhstan are endowed with various powers to apply administrative coercion. On the one hand, these powers violate the fundamental rights of citizens enshrined in the Constitution of Kazakhstan (1995) and are associated with a high risk of serious and irreversible consequences, up to the death of a person. On the other hand, the above-mentioned measures are effective means of protecting the legitimate interests of law-abiding citizens and the state from socially dangerous encroachments by persons who knowingly and grossly violate the existing legislation. Therefore, administrative coercive measures should be based on clear legal regulation and be applied in strict accordance with the law (Frolova etai 2018, 89). The administrative coercion implemented by the state comes under the scrutiny of law enforcement bodies and scholars.
As a rule, this phenomenon...