ЩОДО ПИТАННЯ ПРО РЕФОРМУ АДМІНІСТРАТИВНОГО ЗАКОНОДАВСТВА В РЕСПУБЛІЦІ БІЛОРУСЬ 2020 РОКУ (ЧАСТИНА 2)

Abstract

First part of this article published in the current year journal’s issue no. 1 was concerned on methodological approaches to administrative legislation reformation in Belarus with regard to amendments to conceptual issues of administrative offences classification, system revision and differentiation of administrative penalties, reconsideration of essence of legal entities’ administrative responsibility, etc. Second part of this article is concerned on issues of administrative legislation reformation. It has been noted that improvement of legislation on administrative responsibility in Republic of Belarus should be carried out in full accordance with peculiarities of norms’ content and composition, concept of publicity and consequently public and fault-based responsibility for offence commitment. Matters of administrative legislation reformation from the perspective of synchronization of grounds for administrative responsibility with grounds for criminal responsibility and institute of such responsibility, expulsion of irrelevant and minimization of formal bodies of administrative offences (as well as offences having civil legal origin) from the Code of Republic of Belarus for Administrative Offences have been studied. The existence of problem of differentiation of amount of fine correlation as criminal punishment and as administrative penalty (such amounts are not synchronized and not harmonized between each other resulting in erosion of borderline between crimes and administrative offences) has been substantiated. It has been suggested to prescribe in court (or other authority empowered to conduct an administrative case) resolutions of penalty administration in the form of reprimand the recommendations on removal of causes and conditions of administrative offence committing and also to amend wording of Article 6.4 “Reprimand” of the Code of Republic of Belarus for Administrative Offences.