This is usually done in most cases and is regulated in detail by current legislation.
This creates significant difficulties not only for determining the essence of the proceedings in cases of administrative offenses, but also for a meaningful definition of the administrative-procedural regime of legal regulation.
The allocation of this regime, a single administrative-procedural form is complicated primarily by the heterogeneity of the administrative-legal array of administrative law, the practical impossibility of separating procedural rules that gravitate to a particular group of substantive rules, as well as the interaction of administrative-procedural rules with "many substantive rights." These complications increase when trying to allocate an independent branch – administrative procedural law and determine the range of substantive law, implemented in the administrative process. Attempts to limit the administrative process by statutory activities to resolve disputes arising between the parties to administrative relations that are not in a relationship of official subordination, as well as relations on the application of measures of administrative coercion created a clear gap in the legal regulation of administrative relations. They logically led to the construction of the administrative pro cess in the imagination and likeness of "established procedural systems – criminal and civil proceedings" without taking into account the fact that the administrative process is most closely related to public administration.
GI Petrov, analyzing the question of the application of the rules of administrative law, came to the conclusion that "actions to apply the rules of administrative law by the nature of their specific objectives can be divided into two groups." To the first group he included actions to meet certain needs of society (economic, cultural, defense and organizational matters) or a person (permission on the basis of administrative law of individual specific issues, such as the issuance of an order appointing the director of a state enterprise, adoption the executive committee decides on the appointment of the maintenance of a mother with many children, the issuance of a citizen a warrant for housing, passports, a diploma of graduation, ie nothing more than ensuring the subjective rights of the citizen ); to the second – actions to attract violators of administrative law, ie proceedings in cases of administrative offenses.
Administrative procedures apply not only to relations governed by various branches of law, but are implemented through government enforcement activities. This feature of administrative-procedural activity explains the number of administrative proceedings, as the administrative process serves branches of law that do not have their own procedural forms.
There are the following proceedings:
on processing and adoption of regulations; on the adoption of individual acts of management; on application of administrative-procedural and precautionary measures; in cases of administrative offenses; on the application of disciplinary sanctions; registration and permit; supervisory and control; on applications of citizens, including as a special type of proceedings on complaints; office work; in land, pension, tax, budgetary and financial matters; in cases of compensation for material damage, etc.
Regardless of the type of proceedings, the main document of an administrative case is a written statement (complaint, protocol, record of the appeal). The administrative case also includes other documents submitted by the parties to the administrative-legal relations and assisting in the resolution of the case (testimony of eyewitnesses, victims, expert opinions, other documents related to the case). The body involved in the proceedings may require or on its own initiative and on its own to obtain the necessary documents. Each proceeding is carried out in accordance with certain stages in compliance with the principles of the administrative process.
General characteristics of proceedings in cases of administrative offenses
Proceedings in cases of administrative offenses are a special type of administrative process, which is largely regulated by the norms concentrated in Sections IV and V of the Code of Administrative Offenses (Chapters 18-33).
The use of measures of state coercion in proceedings on administrative offenses causes a high degree of formalization of the process. Here the tasks of the proceedings are clearly defined (Article 245); circumstances precluding proceedings (Article 247); principles such as equality before the law (Article 249); legality, competition, etc.; types of evidence (Article 251); requirements to the most important procedural documents, in particular to the protocol (Articles 254-257), decisions on the case (Articles 283-286), etc .; measures to ensure the proceedings (Article 260: administrative detention, personal search, seizure of things and documents); the rights of participants in the proceedings (Articles 268-275); terms and procedure for consideration of cases (Articles 277-279); appeals and protests against decisions in the case (Articles 287-297); execution of the resolution (Chapters 25-33, Articles 298-330).
All this to some extent brings the proceedings in cases of administrative offenses closer to the https://123helpme.me/animal-farm/ criminal process.
At the same time, administrative proceedings are not characterized by a complicated procedure of investigation of cases, the procedure of violation is simplified, and often the consideration of the case. There may be cases when a report on an administrative offense is not drawn up (for example, Article 258 – violation of the rules of use of river and small vessels).
Terms of consideration of cases on administrative offenses are short: 15, 7, 5, 3, 1 days (Article 277). This situation is explained by the fact that administrative offenses are mostly easy to establish and, as a rule, do not require much time for investigation and consideration compared to criminal cases.
The analysis of the legislation of Ukraine makes it possible to distinguish two types of proceedings in cases of administrative offenses: ordinary and simplified.
This is usually done in most cases and is regulated in detail by current legislation. It involves drawing up a protocol: determines the content, precautionary measures and the procedure for their application; rights and obligations of participants in the proceedings; procedure for consideration of cases; facts, circumstances that are evidence.
Simplified proceedings are applied to a small number of offenses directly provided for in Article 258 of the Code of Administrative Offenses. Such proceedings are characterized by a minimum of procedural actions and their efficiency. The report on the offense is not drawn up, the official who found the offense, makes and executes the decision on imposition and penalty (fine or warning).
In the case of a fine, the violator is issued a receipt for its payment.
The warning is issued either by serving a written warning in the prescribed form, or an oral warning.
Administrative offenses, which are conducted in a simplified form, include:
Violation of fire safety rules in forests (Article 770 in cases of fines by engineers of forest protection and protection departments, pilots-observers of aviation forest protection bases, foresters and other persons listed in paragraph 3 of Article 241; Violation of animal quarantine rules and others veterinary and sanitary rules (Article 107) in cases of imposition of a fine by the State Veterinary Inspection; Disposal of garbage and other items from the windows and doors of cars, passage on railway tracks in unspecified places (Part 3 of Article 109) ; Damage to the internal equipment of cars, glass in passenger trains, smoking in suburban train cars, smoking in unspecified places in local and long-distance trains, as well as in the subway (Article 110); Damage to the internal equipment of seagoing vessels and smoking in unspecified places of these vessels (Article 115); river or small vessels, not registered in the prescribed manner or not having passed the technical inspection, the excess of the drivers of these vessels en speed, parking in forbidden places, non-compliance with the requirements of navigation signs, violation of the rules of maneuvering, sound signals, carrying side lights and signs (parts 1, 3, 5 of Article 116 ); Throwing overboard of a river or small vessel debris or other objects (Article 116); Violation of safety rules during disembarkation and embarkation of passengers on river and small vessels, smoking in unspecified places on river vessels (parts 1, 3 of Article 117).
It should be noted that if the violator of the above rules denies the penalty imposed on him, a report on an administrative offense is drawn up and the proceedings are carried out in the usual manner.
Proceedings in cases of administrative offenses are often defined as an institution of administrative law, which contains rules governing the activities of authorized bodies and persons for the application of administrative penalties and a set of relations arising in this case, governed by the rules of administrative law …
It is taken into account that the proceedings may end with the acquittal of the innocent, may be closed due to the expiration of the statute of limitations and on other grounds (Article 247 of the Administrative Code). Thus, this type of proceedings is not always the activity of imposing and enforcing administrative penalties.
Article 245 of the Administrative Code contains clear guidelines for resolving this issue. It stipulates that the task of proceedings in cases of administrative offenses is: timely, comprehensive, complete and objective clarification of the circumstances of each case; solving it in strict accordance with the law; ensuring the implementation of the decision; identifying the causes and conditions that contribute to the commission of administrative offenses; education of citizens in the spirit of observance of laws.
It follows that two complex interrelated tasks are solved. First, jurisdictional (timely, comprehensive, complete and objective clarification of the circumstances of each case; its resolution in accordance with the law; ensuring the implementation of the decision. Second, preventive identification of causes and conditions that contribute to the commission of administrative offenses ; education citizens in the spirit of law enforcement.
Thus, proceedings in cases of administrative offenses are a legal institution within the framework of which procedural administrative-tort relations are regulated and the resolution of administrative cases is provided, as well as the prevention of administrative offenses.