On the problematic issues of bringing a person to administrative responsibility: organization and legal principles

Abstract

Issues of bringing a person to administrative responsibility have always been relevant. Along with a large number of amendments to the Code of Ukraine on Administrative Offenses, many problematic issues remain. There are some comments on the legal and organization regulation of the procedure for establishing the identity of the offender, proving his or her guilt, recording and providing evidence, administrative detention, and more. Insufficient attention of the legislator to bringing individuals to administrative responsibility leads to an increase in the number of these offenses, which, in turn, become the basis for further criminal offenses and instilling in the mind of the offender a sense of impunity. All these aspects lead to the deterioration of the protection of human rights and freedoms, the fight against crime and the maintenance of public safety and order. The purpose of this study is to substantiate theoretically the essence of administrative responsibility, analysis of legal and organization regulation of the offender, prove his or her guilt, record and provide evidence and administrative detention, as well as develop proposals to improve their effectiveness. Scientific novelty is to identify promising areas for improving the procedure for bringing a person to administrative responsibility on the basis of a comprehensive analysis of national legislation, departmental orders of the Ministry of Internal Affairs of Ukraine and research in various fields on these topics. Both general scientific and special methods of cognition were used in the research. All this together provides a systematic approach and a comprehensive study of the issue of bringing a person to administrative responsibility. General methods of scientific knowledge, such as comparison, analysis, observation and deduction, were used in the study of certain aspects of administrative offenses. .They have become a tool for determining specific material for research. It is emphasized that effective counteraction and prevention of various types of administrative offenses is an important direction of legal policy of any modern state. It is determined that the state guarantees the inviolability of human and civil rights and freedoms. To ensure this, the competent authorities, in particular the National Police, are responsible for maintaining law and order and protecting rights, freedoms and legitimate interests. It is argued that the National Police occupies a central place in the system of bodies that counteract and prevent administrative offenses. It is emphasized that certain changes require regulatory consolidation of the proceedings, which is carried out by the police, in particular on the procedure for establishing the identity of the offender, proving his or her guilt, recording and providing evidence and administrative detention.