Особливості судового оскарження постанов у справах про адміністративні правопорушення, винесених працівниками Національної поліції (за результатами судової практики)

Abstract

The purpose of the article is to study specialties of judicial claiming of acts in cases of administrative offences rendered by police officers. To conduct the research successfully, the author used the following methods of scientific knowledge: logical, historical, systemic-functional, and formally-dogmatic. As a result of the study, the author analyzes the practice of administrative courts about adjudication of claims on acts of administrative offences made by police officers, including traffic violations. Established that a lot of cases in which police officers appear as defendants, cases about appeal against the decision, actions or omissions of police officers due to bringing to administrative responsibility associated with some interconnected factors: a large number of appeals against decisions in cases of violations of traffic rules with a high degree of ignoring the norms of traffic rules by all road users in our country; imperfect (sometimes problematic) road infrastructure; high latency of these offences and due to this a high level of impunity of drivers; conflict drivers and not ability to admit their guilt; absence of affective mechanism of pretrial resolving such disputes; easy access to theirs judicial resolving (no court fee); also don’t throw away the procedural illiteracy of police officers. All this in array leads to the fact that this category of cases is an essential part of the activity of general courts as administrative courts. Conclusions. Without going to the sociological analyze of this phenomenon, within the article author made the analyze of judicial practice of considering this category of case, found out the position of courts about resolving them that greatly affects on law enforcement practice and sometimes on the legislation and suggested some ways of their application by judges of administrative courts.