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Acceptance criterion of state coercion in contemporary society

Author

Listed:
  • Olga Finogentova

    (Immanuel Kant Baltic Federal University, Russian Federation)

  • Vasiliy Tokarev

    (Samara State Regional Academy, Russian Federation)

  • Mikhail Petrenko

    (International Market Institute, Russian Federation)

  • Tatyana Primak

    (Immanuel Kant Baltic Federal University, Russian Federation)

Abstract

The article presents acceptance criterion of the state coercion as a form of power realization. According to authors, essential signs of the state coercion, firstly, are functionaries and state authorities representing the society that in turn, legitimizing this state, secondly, the state coercion mediacy by the right. Its social nature causes understanding the state coercion as a legal relation that coercive and coerced subjects, authorized with certain rights and duties, enter. The authorization of subjects, in relation to which enforcement actions are applied, with legal rights and duties testifies to the legal conditionality of state coercion. As a result, it must satisfy the requirements of legality, legitimacy and justice at both levels of the legal system – sectoral and intersectoral – and at all stages of the process of its implementation. The general acceptance criterion of the state coercion is provided to recognize the conformity of its application to the requirements of justice as a moral category. Structural elements of this criterion are validity and proportionality. Their differentiation in content makes it possible to assert that the state coercion should be based on the law (validity) and correlated with individualizing circumstances, which allowing to correct the influence of the coercive on the coerced taking into account the specifics of the concrete case (proportionality).

Suggested Citation

  • Olga Finogentova & Vasiliy Tokarev & Mikhail Petrenko & Tatyana Primak, 2018. "Acceptance criterion of state coercion in contemporary society," Entrepreneurship and Sustainability Issues, VsI Entrepreneurship and Sustainability Center, vol. 6(2), pages 820-829, December.
    • Handle: RePEc:ssi:jouesi:v:6:y:2018:i:2:p:820-829
    DOI: 10.9770/jesi.2018.6.2(23)
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    References listed on IDEAS

    as
    1. Jozef Kuril, 2018. "Public administration for safe and secure environment: case of Slovak Republic," Post-Print hal-01773586, HAL.
    2. Jozef Kuril, 2018. "Public administration for safe and secure environment: case of Slovak Republic," Entrepreneurship and Sustainability Issues, VsI Entrepreneurship and Sustainability Center, vol. 5(3), pages 493-501, March.
    Full references (including those not matched with items on IDEAS)

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    Cited by:

    1. Igor Leonidovich Vorotnikov & Irina Fedorovna Sukhanova & Mariya Yuryevna Lyavina & Marina Ivanovna Glukhova & Konstantin Aleksandrovich Petrov, 2019. "Economic sanctions and import substitution," Entrepreneurship and Sustainability Issues, VsI Entrepreneurship and Sustainability Center, vol. 6(4), pages 1872-1883, June.
    2. Peter Holcsik & Judith Pálfi & Miklos Tompa & Janusz Grabara & Zsolt Čonka & Michal Kolcun & Mihai Avornicului & Karol Jędrasiak, 2020. "Management of Smart Switchboard Placement to Enhance Distribution System Reliability," Energies, MDPI, vol. 13(6), pages 1-13, March.
    3. Vaidas Jurkevičius & Vaidas Jurkevičius & Yuliia Pokhodun, 2018. "The doctrine of apparent authority as a precondition for sustainable business," Entrepreneurship and Sustainability Issues, VsI Entrepreneurship and Sustainability Center, vol. 6(2), pages 649-661, December.

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    More about this item

    Keywords

    coercion; justice; validity; proportionality; legal right; legitimacy;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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