Correlation of legislation on administrative proceedings and on administrative offenses

Abstract

Based on a complex system analysis, the article examines the theoretical and legal principles that determine the relationship between legislation on administrative proceedings and administrative offenses in the context of adaptation to the European legal space. The research used general scientific methods and methods of private scientific knowledge - formal-logical, formal-legal, historical-legal, comparative-legal, and systemic-structural. Based on the analysis of current legislation and various scientific approaches, it is concluded that administrative proceedings should be understood as the form of administration of justice by a competent court in an administrative case; the procedural law-established form of court activity in accordance with the tasks, principles, institutions and norms of administrative law and process, in compliance with the rules of competence, sub-department, jurisdiction, procedural rights and guarantees of the participants in the case and process. It noted that the interrelationship of administrative proceedings and proceedings in cases of administrative offenses determined by a common goal – protection of the rights, freedoms and interests of individuals and legal entities in the field of public legal relations from violations by authorities. The relationship between administrative justice and civil and economic procedural law indicated. It indicated that proceedings in cases of administrative offenses are within the competence of a wide range of subjects of administrative jurisdiction: judges, collegial bodies, officials of public authorities. Proceedings in cases of administrative offenses are legally authoritative activities of authorized subjects of administrative law (judges, bodies, officials) regarding the resolution of cases of administrative offenses, which carried out in an administrative-procedural form. Administrative proceedings is a branch of judicial activity, which introduced as a means of judicial control in the field of public-legal relations, which distinguishes administrative proceedings from proceedings in cases of administrative offenses.