THEORETICAL AND LEGAL APPROACHES TO THE DEFINITION OF THE SYSTEM OF ADMINISTRATIVE SETTLEMENTS
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
In this article has been made an attempt to analyze the modern system of administrative penalties, which resulted of its definition, namely, a set of administrative sanctions, which are in a certain ratio consistent with one another, consolidated by the general penitentiary and preventive purpose (punishment, person rehabilitation and prevention). During the study of the system of administrative charges, the most common classifications were considered. Today, ensuring the rights and freedoms of man and citizen is the most important task of the modern state. Speaking of Ukraine, it should noted that gaining its independence from the Soviet Union proclaimed a man of the highest social value and determined that his main task was to defend his rights and freedoms. This thesis was especially strengthened with the announcement of a course on European integration, which showed the seriousness of Ukraine’s intentions to establish genuine democracy and democracy. However, the most important condition for the observance of human rights and freedoms is the provision of a safe environment for life in the broadest sense of the term. The main role this is played by the maintenance of a high level of law and order, one of the mechanisms of which is the introduction of an effective system administrative penalties. Under the definition of the system of administrative penalties should be understood as the totality of administrative sanctions, which are in a certain ratio consistent with one another and combined by a general penitentiary and preventive purpose (punishment, re-education of a person and prevention). Under administrative punishments it should be understood that the offender has the adverse consequences of the material, moral and physical nature of the committed offense, as well as the imposition of a correspondingpenalty for committing an unlawful, guilty act imposed on a natural or legal person, regardless of his will. The specified system is strictly formalized, ie sanctions are only those measures of coercive influence, which the legislator defined as administrative; any other means of coercion, even if they are similar to a penalty for purpose, content, title, do not belong to them.
Authors and Affiliations
Є. В. Шульга
Keywords
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