CURRENT TENDENCES IN DECENTRALIZATION OF THE STATE AUTHORITY AND THEIR REALIZATION IN UKRAINE

Abstract

The article determines that the issue of administrative responsibility of legal persons is widely discussed in the scientific literature. Analysis of the relevant articles of the Code of Ukraine on Administrative Offenses allows us to conclude that an individual is the subject of an administrative offense. But recently, legislation has introduced rules that impose penalties on legal entities for the offense in the field of mediation in employment abroad. Legislation on administrative liability of legal entities in Ukraine is currently underdeveloped. The general provisions and principles concerning the administrative liability of legal entities in legal acts are almost completely absent. The mechanism of bringing legal persons to administrative liability is almost not regulated. There is no systemic nature in the types of sanctions applicable to legal entities. In some cases, legal entities have the same responsibility as individuals. It is grounded that the situation is complicated by the presence of a large number of normative material, the lack of its systematization, which causes considerable difficulties in its study. It is analyzed that in the theory of law, legal liability is defined as the legal relationship arising from an offense, between the state in the person of its special organs and the offender, which has the obligation to be subject to appropriate restrictions and adverse consequences for the commission of the offense. In the regulations applicable in the field of mediation in employment abroad, there are all elements that are characteristic of legal liability: violation; unfavorable echoes in the form of a fine; an offender, who may be a legal entity, including a state body; authorities (officials) authorized to impose penalties, as well as indications specific to administrative liability. This is the inequality of the parties (the legal entity is controlled by a public body in a certain area of its activity).