On the question of administrative-delicit law of Ukraine

Abstract

The article notes that the active development of social relations affected the renewal of the doctrinal foundations of Ukrainian administrative law, as a result of which there are constant discussions in the modern science of administrative law of Ukraine, including those directly related to administrative-legal relations. And therefore, the prospects of administrative and legal science, as well as the fields of administrative law, are connected with modern tasks that science sets before itself in accordance with social requirements, which must be solved, including through the application of measures. It is emphasized that administrative law regulates a significant number of different social relations, among which a special place is occupied by administrative-delict relations, which cover a variety of relations that are subject to the norms of administrative law, which is currently in the stage of systemic reform and is mostly connected with relations to ensure implementation of human and citizen rights and freedoms, consideration of administrative disputes, application of measures of administrative responsibility, bringing to disciplinary responsibility persons of public law. Attention is drawn to the attempts to reform the administrative-tort legislation, since the codified act of the administrative-tort legislation adopted in Soviet times does not meet the realities and requirements of today. Therefore, the issue of updating the administrative-delict legislation occupies a prominent place in the scientific developments of domestic legal scientists. Existing scientific discussions on the separation of administrative-tort law into an independent branch of law exist to this day, but we must state that administrative-tort law, despite its own specificity, a significant number of various functions (regulatory, binding, permitting, protective, educational etc.), is a sub-branch of administrative law, which has a special subject of legal regulation, which is a set of legal norms that regulate relations arising from the doctrine of administrative tort. It is emphasized that the formation of modern administrative-delict law involves interaction with the institutions of administrative responsibility provided for by the sectoral norms of laws, which may include the procedure of bringing a person to administrative responsibility, completely different from that regulated by the Code of Administrative Offenses, which requires new theoretical views on the establishment of a system of administrative penalties.