PROBLEMATIC ISSUES THAT ARISE IN THE SPHERE OF APPLICATION ADMINISTRATIVE AND ECONOMIC SANCTIONS AND WAYS OF THEIR SOLUTION

Abstract

The present article deals with the study of the legal nature of administrative and economic sanctions, the concept of administrative and economic sanctions has been found out, their species have been identified, the historical aspect of the emergence of the concept of administrative and economic sanctions has been characterized, different approaches to understanding the legal nature of administrative and economic sanctions have been analyzed, comparative analysis of administrative and economic sanctions has been done. The authors’ attention has been drawn to the terms of the application of administrative and economic sanctions, case law on the terms of the application of administrative and economic sanctions has been analyzed. It has been suggested to leave the application period sanctions of organizational nature established in the Part 1 Art. 250 of Commercial Code of Ukraine and for sanctions of property nature to provide for twice the duration of their application in the article. Problematic issues that arise in the sphere of application of administrative and economic sanctions have been generalized at this work. Among problematic issues, it has been highlighted uncertainty about the place of administrative and economic sanctions in the system of legal responsibility, lack of a unified approach to finding out the branch of sanctions, ambiguous interpretation of the terms of the application of administrative and economic sanctions, lack of clear regulatory regulation of the terms of application administrative and economic sanctions. It has been suggested to attribute administrative and economic sanctions to economic sanctions, to supplement the provisions of the Economic Code of Ukraine with the rule on administrative and economic sanctions, without delimiting economic sanctions as a whole. It has been emphasized by the authors of the article for non-proliferation of norms on the terms of the application of sanctions on penalties, the amount and procedure of recovery of which are determined by the Tax Code of Ukraine, Laws of Ukraine «On Currency and Currency Transactions», «On Banks and Banking» and other laws, the control of compliance with which is vested in the bodies of income and fees. Keywords: economic relations, economic and legal responsibility, economic sanctions, administrative and economic sanctions, Economic Code of Ukraine.