LEGAL PROBLEMS CONCERNING ADMINISTRATIVES ENFORCEMENT MEASURES UNDER THE LAW ON ADMINISTRATIVE PROCEDURES

Abstract

        This academic article aims to analyze the problem of the use of administrative enforcement measures in cases where the law allows officials to use administrative enforcement measures, which the officials consider to be less effective than the enforcement measures in this chapter, The problem of legal issues is that officials can exercise their discretion not to adopt an administrative enforcement measure under this act in lieu of less effective administrative measures that are compliant with specific laws by not choosing to use the Administrative Procedure Act B.E. 2539 (1996) in this chapter of administrative enforcement measures instead. Although, it appears that the application of a specific law will be less effective than the enforcement of this act. In such cases, it would lead to a conflict or inconsistency with Section 3, paragraph one of the Administrative Procedure Act B.E. 2539 (1996). From considering the above problems and altering the aforementioned problems, it is therefore deemed appropriate to repeal the provisions of Section 63/3 in order to allow specific administrative enforcement measures. The officials have to consider the standards for the application of administrative enforcement measures and practice in the same direction in order to protect the rights and liberties of those under the administration. There are administrative enforcement measures and criteria that insure fairness or standards in the performance of the government. It also creates a balance between the performance of administrative officials and the rights and duties of the people.