Applicable aspects of appealing decisions on the imposition of administrative penalties adopted by the bodies of the national police of Ukraine

The paper conducts a scientific study of the applied aspects of appealing resolutions on the imposition of administrative penalties adopted by the bodies of the National Police of Ukraine. The paper states that in the administrative-legal doctrine, the appeal of resolutions on the imposition of administrative penalties adopted by the bodies of the National Police of Ukraine is defined as an optional stage of proceedings in cases of administrative offenses. Depending on the entity that reviews the issued resolution, we can note the existence of administrative and judicial appeals of resolutions on the imposition of administrative penalties by the bodies of the National Police of Ukraine. The right to judicial appeal of resolutions on the imposition of administrative penalties by the bodies of the National Police of Ukraine does not depend on the exercise of the right to administrative appeal (unlike Polish, Czech and Slovak legislation, which define administrative appeal as mandatory for further judicial appeal). Administrative and judicial appeals of resolutions on the imposition of administrative penalties adopted by the bodies of the National Police of Ukraine differ in certain procedural aspects, as well as in the subjects of the case, but the terms of the appeal and consideration of the case, as well as the legal consequences of appealing the resolution in court are similar to the administrative appeal. In judicial practice in cases of appealing resolutions on imposing administrative penalties adopted by the bodies of the National Police of Ukraine, the possibility of canceling the appealed resolution is determined only in cases of contradiction with the criteria for the validity of the decision of the subject of authority, the absence of the elements of the administrative offense, as well as the failure to prove the fact of the administrative offense and the guilt of the person in committing it (regardless of the fact of the person's admission of guilt in committing an administrative offense). At the same time, reports and testimonies of representatives of the National Police alone are not enough to prove the validity of the resolution on imposing an administrative penalty.