Classification of procedures for proceedings in administrative defense
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 2, Issue 2
Abstract
The article analyzes the existing classification in the administrative-legal science of measures for ensuring the conduct of cases in administrative offenses, proposes a new view of them in connection with changes taking place in the legislation and with the reform of law enforcement bodies, including taking into account historical and international their structuring is proposed for the purpose of increasing the efficiency of regulatory regulation of their application. Due to the enforcement measures in cases on administrative violations, it is possible to terminate an administrative offense, as well as to bring the offender to account for him. That is why the effectiveness of the mechanism for applying enforcement measures directly affects the state of the prevention of offenses and is essential for the maintenance of law and order. Signs of measures to ensure the conduct of cases on administrative violations are diverse and het-erogeneous, which gives the opportunity to obtain a large number of reasons and criteria for their classifi-cation. However, if for the theory of law this moment is positive, then for legislation - on the contrary. The analysis of the current legal framework shows that these measures are not systemic, and this may negatively affect the practice of bringing offenders to justice in administrative proceedings. Measures to ensure the conduct of cases in cases of administrative offenses in transport constitute a separate, independent group in the classification of measures to ensure the conduct of proceedings due to their complex legal nature, the combination of preventive and interruptible nature, the delineation in what should be the purpose of its application and the fact of specific illegal actions. The classification of measures to ensure the conduct of administrative cases is of a theoretical and legal nature, however, its practical direction is that it allows us to rethink their content and shortcomings of legislation that needs to be eliminated. Such a situation adversely affects law enforcement activities and potentially contributes to a sub-jective attitude towards the choice of the measure to be applied to the offender, thereby adversely affecting the protection of human rights, freedoms and legitimate interests. Consequently, it is actual and expedient to systematize and legislatively establish in Chapter 20 of the KUpAP a scientifically grounded, comprehensive, detailed system of measures for the provision of administrative proceedings
Authors and Affiliations
A. V. Pugach
Keywords
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- EP ID EP563413
- DOI 10.31733/2078-3566-2018-3-98-104
- Views 82
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