ADMINISTRATIVE PENALTIES: LEGAL CHARACTERISTICS, PROCEDURE AND TERMS OF IMPOSITION

Abstract

The subject matter of this article is the legal characterization, procedure for imposing and timing of administrative penalties as measures determining the degree of administrative liability in deductive proceedings.

The author analyzes and describes in detail the content, classification approaches, legal regulation and procedure for implementing administrative penalties through the prism of analysis of the provisions of the Code of Ukraine on Administrative Offenses and new legislative initiatives.

The author makes a comparative legal characterization of the regulation of the system and the specifics of imposing administrative penalties based on a comparison of the provisions of the current Code of Ukraine on Administrative Offenses and the draft Code of Ukraine on Administrative Offenses, which is currently being actively developed and implemented by experts.

The author reveals the content of administrative penalties, which, in the authorʼs opinion, is educational and involves the activities of authorized subordinate bodies (judicial and public administration) to impose administrative penalties of a material and moral nature, as well as to develop in the offender a proper legal consciousness regarding the inadmissibility of committing administrative offenses (unlawful acts) in the future.

It is summarized that the new Draft Code of Administrative Offenses significantly optimizes the system of penalties for administrative offenses, in particular, a warning and a fine are defined as the main types of administrative penalties, and deprivation of the right to hold certain positions or engage in certain activities, community service, and short-term arrest are defined as additional types of administrative penalties.

It is stated that the Draft Code on Administrative Offenses introduces a special procedure for imposing penalties in the form of community service, short-term arrest, deprivation of the right to hold certain positions or engage in certain activities, which involves an administrative body filing a claim with an administrative court.