ОКРЕМІ АСПЕКТИ ЗАХОДІВ ЗАБЕЗПЕЧЕННЯ ПРОВАДЖЕННЯ У СПРАВАХ ПРО АДМІНІСТРАТИВНІ ПРАВОПОРУШЕННЯ
The article outlines the set of measures to ensure proceedings in cases of administrative offenses. It highlights the procedural order of their application in various laws and regulatory legal acts – sources of administrative law. Special attention is paid to the features of individual measures to ensure proceedings in cases of administrative offenses. It also highlights the powers of officials authorized to apply these measures. The following basic procedures for personal inspections are formulated: 1) frisk; 2) personal examination; 3) personal search / search of a person. The draft Code of Administrative Offenses is analysed in terms of certain measures to ensure proceedings in cases of administrative offenses. The article investigates the sets of measures to ensure proceedings in cases of administrative offenses. In addition, it examines the methods of prevention of reoffending in case of repeat offenders when other measures of influence have been exhausted. The specific procedures for their application and appeal are foreseen in the Ukrainian legislation. The following eight main types of measures for the proceedings of administrative offenses enforcement are singled out: 1) they are aimed at terminating administrative offenses if other means of influence have been exhausted; 2) facilitate to identify the offender and draw up an appropriate protocol; 3) are used for performing compulsory procedures, such as drawing up a protocol; 4) are personalized for a specific offender; 5) are applied in the process or after the commission of the offense; 6) foresee the procedure and terms for their application and a list of authorized bodies and officials who have the right to apply them; 7) shall be properly documented; 8) may be appealed against according to a certain procedure. Such measures to ensure proceedings as administrative detention, delivery of the offender, personal search, inspection and seizure of items and documents find their separate detailed reviews in the article. Administrative detention is regulated by Articles 259, 261–263 of the Code of Ukraine on Administrative Offenses. Article 262 of the Code of Ukraine on Administrative Offenses defines the bodies (officials) empowered to conduct administrative detention. The Code of Ukraine on Administrative Offenses establishes the procedure for applying measures to ensure proceedings in cases of administrative offenses, namely, it regulates the list of authorized bodies and officials who have jurisdictional powers to apply them, as well as the terms, procedural formalities, and the appeal procedure. Today, several legislative gaps can be identified in this topic, namely the inconsistency of the current legislation with modern requirements, and the imperfection of the system of measures to ensure proceedings in cases of administrative offenses with today's challenges. Keywords: administrative detention, delivery of the offender, personal examination, inspection and seizure of things and documents, administrative body.
Authors
- Bohdan Hudz
Publication Details
- Journal
- Visnyk of the Lviv University Series Law
- Published
- 2025-06-20
- DOI
- https://doi.org/10.30970/vla.2025.80.191
- Primary Topic
- Ukrainian Legal and Forensic Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00