Acceptance criterion of state coercion in contemporary society

Olga Finogentova (), Vasiliy Tokarev (), Mikhail Petrenko () and Tatyana Primak
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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

Entrepreneurship and Sustainability Issues, 2018, vol. 6, issue 2, 820-829

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).

Keywords: coercion; justice; validity; proportionality; legal right; legitimacy (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2018
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (3)

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Persistent link: https://EconPapers.repec.org/RePEc:ssi:jouesi:v:6:y:2018:i:2:p:820-829

DOI: 10.9770/jesi.2018.6.2(23)

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