PROSPECTS FOR IMPROVING THE LEGISLATIVE CONSOLIDATION OF CIRCUMSTANCES EXCLUDING ADMINISTRATIVE LIABILITY

Abstract

The article attempts to substantiate the prospects for improving the legislative consolidation of the circumstances excluding administrative liability. It is emphasized that modern approaches to the regulation of public relations by administrative and legal provisions are concentrated within three components: administrative proceedings, administrative cases (administrative procedures) and cases of administrative offenses (misdemeanors). The author emphasizes that the principle of priority of human rights, freedoms and legitimate interests should be taken into account in the future legislation of Ukraine on administrative liability. The author emphasizes the need for specification and imperativeness of exemption from administrative liability if the offense committed is insignificant, as well because of an offense committed under the influence of force majeure or extraordinary circumstances. The author emphasizes the expediency of exemption from administrative liability in connection with the commission of an administrative offense under the influence of physical and/or mental coercion. The author substantiates the expediency of regulating the procedure for filling in the forms on the existence of circumstances excluding administrative liability. The author concludes that ensuring a comprehensive consideration of cases of administrative offenses is impossible without expanding and clarifying the list of circumstances excluding administrative liability. The author emphasizes that the Code of Administrative Offenses does not provide for a special procedure for establishing circumstances excluding administrative liability. This state of affairs hinders the effective protection of the rights and legitimate interests of person’s subject to administrative liability. The author supports the position that it is necessary to develop a qualitatively new codified act on administrative liability in Ukraine in the future.