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ADMINISTRATIVE PENALTIES IN UKRAINE: SURVIVAL OF THE TOTALITARIAN PAST OR PROGRESSIVE TOOL OF LEGAL REGULATIONS?
Abstract
The article is an attempt to assess the status of the institute of administrative penalties in Ukraine from the point of view of effectiveness and appropriateness of its existence in the legal system. Based on the analysis of the basic provisions of the Ukrainian legislation concerning the application of the administrative penalties and the relevant statistical data, it was made the conclusion about the significant contradiction of the institute of the administrative penalties and the needs of the social development and the creation of the democratic legal state. It is proved that the application of the administrative penalties do not ensure the achievement of the objectives declared in the legislation, namely the prevention of offence, the protection of social order, property rights, rights and legitimate interests of citizens. This is evidenced by the fact that over the last ten years the administrative penalties were applied to such quantity of people, which exceeds the number of population in Ukraine. It was made the assumption that administrative penalties are mainly used to fill the state budget at the expense of the wrongful conduct of citizens and legal entities. In addition, the existing system of administrative penalties and the procedure of their application create significant corruption risks. This state of the institute of administrative penalties is caused by the fact that its legislative basis was created at the time of the USSR and it is the reflection of the characteristics of the totalitarian regime. The article also analyzes the main approaches to the functioning of the institute of the administrative penalties in the countries of the developed democracy and it was formulated the recommendations of bringing the institute of administrative penalties in Ukraine to the standards of the civilized society. In particular, it was grounded the necessity of the transferring of a significant number of offences, for the commitment of which the legislation of Ukraine provides the application of administrative penalties, to the court jurisdiction. It is suggested to introduce an exclusively judicial procedure for appealing decisions concerning the application of administrative penalties. It is suggested to change the approaches of determining the amount of monetary administrative penalties in order to adjust them to the incomes of individuals to whom the administrative penalties are applied.
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