Current issues of administrative responsibility: security aspects

Abstract

The object of the study is the administrative responsibility, considered from the point of view of ensuring security. The author identifies the levels of scientific study of administrative responsibility in the context of security, which include: the administrative responsibility for violations of the requirements of certain types of security; the administrative responsibility in the field of security, its individual types; the administrative responsibility in the structure of the mechanism of legal influence, as one of the elements of the regulatory mechanism; the administrative responsibility as a means of ensuring security; the administrative responsibility as a guarantee of ensuring and maintaining the necessary level of security in a certain area of regulation. Special attention is paid to topical issues of administrative responsibility from the point of view of ensuring security. The administrative responsibility is justified from the standpoint of its place in the system of legal responsibility in general and in the structure of public legal responsibility, in particular. When working on the topic, the following research methods were used: methods of systematic and comparative analysis, methods of legal formalization, structuring and classification. The main conclusions of the author are the provisions related to the identification and legal justification of several levels of scientific positioning of administrative responsibility in the context of security. The author highlights several key issues in the research of administrative responsibility in the context of security. Among them: contradictory trends in the direction of strengthening punishments and expanding the scope of relations protected by administrative law and at the same time liberalizing administrative responsibility on the part of the law enforcement officer; issues of delineation of administrative and criminal responsibility, problems of independence of administrative responsibility in the structure of public legal responsibility; issues of the effectiveness of the institution of administrative responsibility from the point of view of ensuring security as a legally protected value. All these issues are considered in the context of reforming the legislation on administrative responsibility and the upcoming "third" codification. A special contribution of the author is the construction of a theoretical model of the relationship between the institution of administrative responsibility and the concept of security.