The essence and particulars of the circumstances that exclude administrative liability

Abstract

The article examines the essence and peculiarities of the circumstances that exclude administrative responsibility under national legislation. It is emphasized that the recognition of circumstances that exclude administrative responsibility is an important element of human rights protection, which allows to avoid unfair and excessive imposition of an administrative penalty on a person who has committed an offense and to ensure the fair application of the law. According to the provisions of the Code of Ukraine on administrative offenses, the following are the circumstances that exclude administrative responsibility: extreme necessity, necessary defense and state of insanity. It is emphasized that the application of extreme necessity as a circumstance does not mean that a person will not bear administrative responsibility for other actions that were committed without this circumstance. In turn, exemption from administrative liability in case of extreme necessity does not mean automatic release of a person from civil or criminal liability, if such liability has occurred. It was concluded that the necessary defense can be applied only as a reaction to an illegal act. If the act was legal, the necessary defense as a circumstance exempting from administrative responsibility is not applicable. The position on the medical and legal criteria of insanity, as well as the peculiarities of the content of this circumstance, which excludes administrative responsibility, is supported. The need for detailing and normative consolidation of the procedure and conditions of application of circumstances that exclude administrative responsibility is emphasized. Moreover, this applies to both material and procedural components of the application of such circumstances. In the long term, this should have a positive impact on the effectiveness of law enforcement, ensure compliance with the principle of people-centeredness, and also improve the activity of subjects of authority in applying measures of administrative jurisdiction.