Problematic Issues of the Development and Implementation of the Code of Ukraine on Administrative Offenses

Abstract

The most problematic aspects in the process of developing a new version of the Code of Ukraine on Administrative Offenses have been formulated and characterized; and the perspectives for the adoption of the Code of Ukraine on Administrative Offenses have been outlined. The main shortcoming is the obsolescence of the legal norms enshrined in the Code of Ukraine on Administrative Offenses. It has been noted that it is the reason for the massive disintegration of legislation in the specified area. Other shortcomings are the fragmentation and obsolescence of corpus delicti of administrative offenses (in this regard, it has been emphasized that currently administrative and tort law does not need to be expanded); eclecticism (combination of heterogeneous elements) of the content of substantive administrative tort legislation; inconsistency of a significant part of the misdemeanors in the field of public administration provided by the Code of Ukraine on Administrative Offenses; duplication of certain provisions of the Criminal Code of Ukraine, etc.

The author has provided propositions for updating the sections of the current Code of Ukraine on Administrative Offenses, in particular, the inclusion into General Part of the Code of Ukraine on Administrative Offenses of the norms consolidating its tasks, determining the concept of administrative liability, detailing the understanding of legislation on administrative liability, establishing rules for the formation of the Code, as well as the scope of its action in time, in space and by the range of persons; special attention has been paid to the revision of the system of administrative penalties.

The author has suggested own vision of the structure of the new Code and its content, has emphasized the necessity of determining the legal entity as a subject of administrative liability, as well as the introduction of the algorithm of bringing MPs, deputies of local councils and judges to administrative liability.

It has been concluded that a separate chapter in the new Code of Ukraine on Administrative Offenses is expedient to be focused on the peculiarities of prosecuting legal entities, as well as to provide a section, which is going to be focused on the corpus delicti of torts and sanctions for their commission.