LEGAL DESCRIPTION OF PUBLIC SERVICE MEASURES OF ADMINISTRATIVE COERCION

The article deals with the characterization of public service measures of administrative coercion as a combination of methods and means that are used by authorized subjects of administrative coercion in order to provide assistance services to persons who, for personal, economic, social or emergency reasons, need such assistance regardless of their treatment. Taking into account the tasks set out in article 2 of the National Police Act, in particular the provision, within the limits specified by law, of assistance services to persons who, for personal, economic, social or emergency reasons, need such assistance, it is possible to identify publicly — a service form of administrative coercion measures. The article proposes to define publicly service measures of administrative coercion as a set of methods and means used by authorized subjects of administrative coercion in order to provide assistance services to persons who, for personal, economic, social or emergency reasons, need such assistance regardless of their treatment. Also in the article, the author identifies the main characteristics of this type of administrative and coercive measures, which include the following: – Application of this type of measures is characterized by social interest; – Public service measures may be applied without the application or other expression of the will of the person concerned, i. e. by force; – The purpose of the application is to assist and meet the needs of the person concerned; – The procedure for the implementation of social service measures is clearly laid down in the relevant regulations; – The subject of this type of measures is a person authorized by the current legislation and vested with authority; – The basis for the use of public service activities is not directly related to the commission of the offence; – For failure to comply with or improper performance of the obligation to apply public service measures of administrative coercion against authorized persons, there is a statutory liability; – Procedure of application of this type of measures provides for the existence of mutual rights and obligations of the authorized subject and subject of application of this type of measures. On the basis of the analysis of the current state of domestic legislation and relevant State programmes, a conclusion has been drawn on the current state and prospects for the development and application of public service measures of administrative coercion.