STATE-LEGAL COMPULSION IN THE CONDITIONS OF POLITICAL REGIMES
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 37)Publication Date: 2021-03-31
Authors : Oleinykov Serhii;
Page : 54-62
Keywords : state coercion; political regime; legal nature of power; restrictions on power; functions of the state; measures of coercion; types of coercion;
Abstract
State coercion analyzed based on the legal nature and legal restrictions of state power. The coercive function of power has a legal dimension — legal foundations and forms, reflected in the concept of state-legal coercion. Sociology reflects the process of adapting its content to the specifics of political regimes — traditional and modernizing, in which the compulsory function of the stage of democratic transition does not exclude compulsory arbitrariness. Metamorphoses of the political regime acquire hybrid forms, mimicry, the apparent legitimacy of democratic forms and institutions, when coercive power measures actually turn out to be both conditioned by legal imperatives and unlawful — a trivial power arbitrariness that ignores both legal requirements and institutions of public opinion, public control and etc. The traditional perception of coercion generated by the archaic mental traditions of etatism. The legal conditionality of state coercion determines its legitimacy, public recognition, as a necessary tool for the protection, protection, implementation and restoration of violated human and civil rights and freedoms. The modern understanding of state coercion, as a legal category, defines it as a public-power activity, the types and extent of which determined by legal principles and norms. Аnd its organization (institutions, powers, legal resources) is carried out in the legal forms provided for by law, containing a system of requirements for subjects state and legal coercion in a democratic regime. The legal requirements also include ethical standards — international legal and national legal, which implemented in modern ethical codes of conduct for civil servants.
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Last modified: 2021-05-21 17:52:09