Адміністративна відповідальність за порушення соціального законодавства: стан та перспективи вдосконалення

The article examines administrative liability for violations of social legislation of Ukraine, taking into account the transformations in the structure of public authorities and social insurance. The emphasis is placed on the analysis of the provisions of the Code of Ukraine on Administrative Offenses (hereinafter – CUAO) which establish liability for offenses in the field of social protection, employment, pension provision, labor protection and social insurance. The author emphasizes the lack of proper adaptation of the Code of Administrative Offenses to the changes which occurred in connection with the liquidation of the Social Insurance Fund of Ukraine and the transfer of its functions to the Pension Fund. It is substantiated that the retention of outdated provisions, in particular, Article 244-10 of the Code of Administrative Offenses, causes legal uncertainty and creates difficulties in applying sanctions for administrative offenses. The author proposes to delete it and to update Article 244-2 with the consolidation of the powers of the Pension Fund of Ukraine as the body which considers cases in the relevant area. The article characterizes the object, objective and subjective sides of offenses, and also outlines typical corpus delicti, signs and qualifying circumstances. The author emphasizes the legal conflicts arising from the inconsistency of administrative law provisions with the current organizational structure of public administration entities. The author argues for the expediency of systemic modernization of the Code of Administrative Offenses, taking into account real institutional changes and social challenges. It is also determined that the slowness of the legislative process in this area does not correspond to the pace of change and complicates the effective functioning of the mechanism for protecting the social rights of citizens. The article emphasizes that the effectiveness of reforming the institution of administrative liability is directly related to the quality of law enforcement and the readiness of public authorities to respond promptly to changes. The results of the study are of both theoretical and practical importance, creating a basis for further updating of legislation in the field of administrative liability and enhancing the stability of regulatory framework in the social sphere.