ADMINISTRATIVE LIABILITY FOR VIOLATION OF ADMINISTRATIVE SUPERVISION RULES
Author (s): Shestak L.
Work place:
Shestak L.,
PhD in Law, Associate Professor,
Professor of the Department of Administrative,
Civil and Commercial Law and Process Faculty of Law,
Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0000-0003-4958-0838
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2025 No 1 (24): 116-127
https://doi.org/10.32755/sjlaw.2025.01.116
The article examines current issues of administrative liability for violations of administrative supervision rules in Ukraine. The author analyzes problems related to the ineffectiveness of the existing legal regulation. In particular, it is noted that virtually every provision of Article 187 of the Code requires clarification. The author points out the ineffectiveness of the fines prescribed by this norm, as their amount is very low and has not been revised for almost 10 years. The position is advocated for the appropriateness of supplementing sanctions with types of punishment such as community service and socially useful work.
Given that individuals under administrative supervision are subject to certain restrictions, the necessity of defining the specifics of the implementation of such restrictions in conditions of martial law and state of emergency is also proven.
The author indicates the impracticality of applying administrative supervision to individuals sentenced to life imprisonment. Most characteristics of administrative supervision (temporariness, release from places of deprivation of liberty, etc.) are not typical for these subjects. Accordingly, administrative supervision over such individuals cannot be established.
When addressing the issue of applying measures of administrative liability under Article 187 of the Code, it is important to establish the causes and motives for violations of administrative supervision rules and to ensure that they did not arise as a result of unforeseen circumstances or other emergencies.
Ways to improve administrative liability for violations of administrative supervision rules are proposed. In particular, it is necessary to align the provisions of Part 1 of Article 187 of the Code of Ukraine on Administrative Offenses with the provisions of Article 10 of the Law of Ukraine “On Administrative Supervision of Persons Released from Places of Deprivation of Liberty” to foresee the possibility of holding individuals administratively liable for all manifestations of violations of restrictions on the actions of those under supervision. It is also advisable to increase the amount of fines and introduce alternative types of punishment.
Keywords: administrative supervision, administrative responsibility, punishment, sanction, fine, violation of rules.
References
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- Code of Ukraine on Administrative Offenses of December 7, 1984, available at: https://zakon.rada.gov.ua/laws/show/80731-10 (accessed 2 September 2024).
- Code of Ukraine on administrative offenses: Scientific and practical commentary (2008), Kalyuzhnyi, R.A., Komzyuk, A.T., Pogribny, O.O. and others. K.: All-Ukrainian Association of Publishers «Legal Unity», 781 p.
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- Shestak L.V., Shulzhenko A.O. “On the Question of the Essence of the Concepts «Administrative Penalty» and «Administrative Sanction»”. Legal Scientific Electronic Journal. 2021. No. 9. Pp. 194-197. https://doi.org/10.32782/2524-0374/2021-9/47
- Labor Code of Ukraine: approved by Law No. 322-VIII dated December 10, 1971, VVR. 1971. Appendix to No. 50. Art. 375, аvailable at: https://zakon.rada.gov.ua/laws/show/322-08#Text (accessed 18 January 2025).