THE PROSPECTS FOR THE APPLICATION OF THE LAW OF UKRAINE «ON ADMINISTRATIVE PROCEDURE» DURING ADMINISTRATIVE OFFENCES PROCEEDINGS

Abstract

The article is devoted to the prospects of applying the Law of Ukraine «On Administrative Procedure» during administrative offences proceedings. It was determined that the scope of the Law of Ukraine «On Administrative Procedure» affects the need to harmonize the legal norms regulating the general administrative procedure with the provisions of the administrative-tort law. The difficulties of law enforcement in the analyzed area lie primarily in the non-reform of the legislation of Ukraine on administrative offences. The codification of the legislation on administrative liability is an urgent step to bring the legal regulation of administrative offences proceedings of closer to European standards and the practice of the European Court of Human Rights. Attention was drawn to the key issues of harmonizing the Law of Ukraine «On Administrative Procedure» with the provisions of the Code of Ukraine on Administrative Offences, namely: 1) legal regulation the using of the term «administrative body» in administrative-tort law; 2) introduction of a unified approach to the calculation of procedural terms; 3) settlement of the issue of challenge of an official of an administrative body considering a case of an administrative offence; 4) reviewing the rights and obligations of the participants in the administrative-tort proceedings; 5) bringing the content and form of the protocol on an administrative offence and the resolution on the imposition of an administrative sanction into compliance with the requirements of the Law of Ukraine «On Administrative Procedure» which established for administrative acts; 6) improvement of the procedure for appealing decisions on the imposition of administrative fines to higher administrative bodies; 7) solving the problem of the legal validity and legal expediency of the existence of measures to ensure administrative offences proceedings in the administrative-tort law.