ANALYSIS OF TRENDS IN UPDATE OF ADMINISTRATIVE AND TORTS LEGISLATION

Abstract

The article analyzes the Draft Code of Administrative Offenses No. 11386 dated 06/28/2024, which is essentially a completely new Code of Administrative Offenses. As a result of the analysis of the provisions of the latter, it was concluded that its draft contains a number of significant shortcomings, including: 1) the presence of a formal explanatory note to the draft law, the content of which does not explain the novelties of the specified document; 2) the proposed system of increasing the amount of fines is tied to the minimum wage in the country, which in itself contains discriminatory features, since the subject of the offense may also be other categories of individuals who do not receive a salary (persons with disabilities, pensioners, unemployed persons); 3) the draft law not only fails to resolve the issue of clarifying the content of a number of categories (public place and public place, sphere of morality protection, but also their unclear correlation, which will lead to problems during law enforcement and will become a reason for new scientific discussions; 4) irrational use of notes, which overwhelm the Special Part of the Draft Code on Administrative Offenses; 5) some Chapters stipulate that administrative offenses may be considered simultaneously by different bodies of public administration, which will actually lead to duplication of the powers of the latter, and in some places such subjects are not defined at all (Article 442 of the Draft Code on Administrative Offenses); 6) general local courts are excluded from the subjects of consideration of administrative offenses, whose judges have the appropriate qualifications and knowledge to make a fair and objective decision; 7) expanding the competence of public administration bodies in the administrative and tort field is the basis for the emergence of corruption risks and creates a favorable environment for the spread of corruption; 8) transferring powers to deprive citizens of certain rights to public administration bodies, despite the fact that the only body authorized to deprive citizens of certain rights is the court.