Administrative Liability Research Articles

Current problems of the Administrative-tort law of Ukraine

The article examines certain shortcomings of the current Code of Ukraine on administrative offenses in comparison with the provisions of the new administrative code. The examples show individual shortcomings of the new regulatory regulation. The author of the article also notes that in recent years, Ukraine has implemented the largest regulatory and legal measures to modernize administrative and tort legislation._The unstoppable increase in the number of registered administrative offenses makes us think again about the lagging of the law-making process from the real needs of society. The article singles out some aspects of improving the legislation on administrative offenses and the administrative- delict process, specifying the concept and legal meaning of the norm on administrative responsibility, rethinking some scientific dogmas, leading scientists to the need to clarify the concepts that constitute the essence of legal regulation of relations in the field of administrative responsibility: administrative- delict relations, administrative-delict law, norm of administrative-delict law for further regulation of legal relations in the sphere of administrative liability. On the basis of rethinking the views established in science about administrative responsibility as one of the institutes of administrative law, the author substantiates the conclusion that the norms regulating the issue of this type of legal responsibility form an independent branch of Ukrainian law - administrative tort law. Administrative-delict law carries out material-legal regulation of administrative liability. The opinion of academics is also noted, who note that the Code of Criminal Procedure in its current state is outdated in many respects and requires a radical adjustment on a new conceptual and doctrinal basis. The set of its constituent norms has its own subject, method of legal regulation, separate organization of regulatory material on administrative offenses.
 Modern administrative and tort law is characterized by integration with criminal law, which allows more effective use of their powers in the prevention of offenses.

Addressing certain issues of administrative and legal regulation of liability for violation of legal requirements for the safety of vehicle operation in Ukraine

Unfortunately, the state of law and order on the roads of Ukraine is extremely disappointing, and the sad statistics of road accidents and people injured in them are quite convincing. It is clear that this situation is not normal and poses a threat to individuals, including Ukrainian citizens, as well as to the public and state interests in general. The urgency and importance of road safety issues is emphasised by both academics and the official authorities, who have a strategic vision of the key issues in this area and ways to address them. However, despite this, no significant positive results have been achieved so far.
 There are many problems that prevent effective road safety, not least of which is the large number of gaps and shortcomings in the current legislation that need to be addressed. Particular attention should be paid to improving administrative liability for violations of vehicle operation rules by drivers and passengers. The relevance of these particular aspects of road safety is due to the fact that the use of vehicles with technical malfunctions, converted in violation of the requirements established by law, causes a significant number of road accidents, and violation of the rules for the use of passive safety equipment (in particular, seat belts) leads to an increase in the number of people injured in road accidents, as evidenced by the statistics provided by the Department of Patrol Police of Ukraine
 In view of the above, the article proposes some steps to improve administrative liability under Article 121 of the Code of Ukraine on Administrative Offences. Obviously, improvement of the road traffic safety regime requires improvement of various preventive measures, which are undoubtedly of a priority nature, but legal liability, which is an important tool for maintaining the rule of law in this area, cannot be neglected. Expanding the scope of liability for drivers who operate vehicles with technical problems and whose use is prohibited by law, as well as imposing sanctions for improper use of seat belts not only on drivers but also on passengers, should, in our opinion, have a positive impact on the state of lawfulness in the field of vehicle safety and, as a result, on the dynamics of road accidents and the number of people injured in them.

The quality of judicial decisions in cases of bullying in professional educational institutions

The positions of scholars on the concept of “judicial decision quality” have been examined. Criteria for a high-quality judicial decision include justice, timeliness, justification, clarity, clear language, and an accessible style. The researchers also distinguish between objective (legal training, legal experience, qualification requirements for judicial candidates, opportunities for practicing judges to improve their skills, mechanisms for monitoring the work of judges, unrestricted public access to judicial decisions, the role of legal science in analysing judicial decisions) and subjective (the judge’s personality, salary, social guarantees, working conditions and ability to organise their work) factors that affect the quality of a judicial decision. The summaries of judicial practice and analytical work on the application of the Supreme Court’s legislation focus on the following requirements for the quality of drafting and execution of court decisions in cases on administrative offences: execution of a judicial decision with strict compliance by the court with the requirements established by law to its form and content, compliance with the legislation on the language of legal proceedings.
 Normative legal acts aimed at developing a unified approach to understanding the quality of judicial decisions have been analysed. Requirements for determining the quality of a judicial decisiont are considered in the Conclusion of the Advisory Council of European Judges No. 11 (2008) on the quality of judicial decisions, including external environment – legislation and economic and social context (legislation, resources, actors in the judicial system and legal education), internal environment - professionalism, procedural rules, case consideration and decision-making (professionalism of the judge, procedural rules and case management, case consideration in court, elements inextricably linked to decision-making).
 Judicial decisions in cases of bullying in vocational education institutions adopted in accordance with the provisions of the Code of Ukraine on Administrative Offences are considered with regard to the presence or absence of requirements for the quality of judicial decisions. It has been established that a certain number of judgements do not have the components of judicial quality.
 Shortcomings of the current legislation on administrative offences have been highlighted. In particular, the outdated provisions of the Code of Ukraine on Administrative Offences; the absence of an article that would provide for the adoption of rulings by courts in the name of Ukraine in cases of administrative offences, etc.
 The article analyses the judicial decisions made by courts in the period from 2019 to 2021 in cases on administrative offences involving bullying of participants in the educational process in vocational education institutions in terms of their clarity (comprehensibility) and validity. It has been highlighted that most judicial decisions contain an exhaustive list of evidence in the case; the courts comply with the requirement to find out whether an administrative offence has been committed, whether the person is guilty of committing it, whether he or she is subject to administrative liability, etc..

Сучасні проблеми адміністративно-правового захисту прав та законних інтересів громадян України у сфері власності

The article is devoted to the problem of defining modern problems of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property and theoretical justification of ways to solve them. It was established that the scientific study of issues of administrative and legal protection of the rights and legitimate interests of Ukrainian citizens in the field of property is an important condition for improving domestic legislation and the practice of its application. Special attention is paid to the impact of modern challenges and threats on the sphere of protection of property rights. It is argued that the entire system of public legal institutions, the modern system of administrative and legal protection should be aimed at guaranteeing human rights to own, use and dispose of their property. It is appropriate to include legal methods and means of preventing encroachments in the sphere of property as components of the administrative-legal protection of property rights; termination of administrative offenses encroaching on property rights; application of administrative liability measures to violators in accordance with the procedure established by law and compensation for the damage caused. It was emphasized that today there are quite frequent facts of violation of the rights and legitimate interests of citizens in the field of property. Such violations are related to the challenges of wartime, the problems of citizens realizing the right to own real estate and land plots, the bureaucratization of the procedures for registering the right to own land, the facts of "raider" seizure of property, the deprivation of single elderly people, convicted of crimes, orphans and others housing and other objects of property rights, the imperfection of the administrative-delict legislation and the system of state institutions that oppose offenses in this area, etc. Emphasis is placed on the change of legal approaches to determining the sub-department of consideration of cases on administrative offenses in the sphere of property. Special attention needs to be paid to the elimination of alternative sub-department of consideration of cases on administrative offenses in the field of property, duplication of functions of various authorities and officials in this field. Special attention is devoted to the formation of a strategy for increasing the effectiveness of the activities of bodies that are endowed with managerial and jurisdictional functions in the field of property, carry out the prevention of offenses committed in this field, due to the optimization of their structure, the development of new standards of interaction with citizens.

STATE LIABILITY IN THE CONTEXT OF EUROPEAN INTEGRATION

The main idea in the pursuit of European integration in Ukraine is that the reception of foreign legal institutions is increasingly spreading among lawyers and ordinary citizens, and is the simplest and fastest way to solve problems that have accumulated in society. However, on the favor of the populist nature of such calls, a critical approach to such a complex process as reception is pushed to the background. The best example of the ambiguity of this approach can be demonstrated by the illustration of German law - the institution of state liability of bod­ies and their representatives for caused damage. The institute itself is not something new; it is also familiar to the Ukrainian law. Moreover, it even has similar regulatory mechanisms that in both the Constitution of Ukraine and the Civil Code of Ukraine are easy to find. However, the internal content of the institution has fundamental differences. The main reason is the difference in the law practice, which is aimed at compensating for the rather meagre regulatory body for such a complex legal institution. Being a two-component element that consists of a civil and a public liability, it includes an administrative liability which is fully subordinated to the German civil law logic in the context of the federal structure of the state, it often leads neither only to confusing casuistry, nor comes into conflict with the European law, there is a struggle for the right to determine independently the responsibility of its state bodies. Not the least role in this is played by the degree-rank of the responsibility of the state as such with a complex mechanism of interaction of all these elements with each other. Thus, we can say that the implementation of any institution in isolation, outside the context of the legal system, where it has been nurtured and reinforced by the law practice, is doomed to failure in advance. This is why even two similar in form legal institutions in different countries will have different degrees of efficiency and are not always suitable to solve the same tasks.

Criminal and Administrative Legal Characteristics of Offenses in The Field of Countering Drug Trafficking: Insights from Ukraine

<em>Drug addiction in Ukraine has been showing signs of an epidemic and represents one of the potential threats to Ukraine's national security. This article highlights the regulation of the ratio of criminal and administrative liability as to countering offences in the sphere of trafficking of narcotic drugs, psychotropic substances, their analogues and precursors. The research method is presented as comparative-legal (legislation of Ukraine, Holland, Germany, Italy, Spain, Switzerland, Netherlands, Austria, Portugal and Finland) and systematic analysis. The sanctions for drug crimes provided for in the legislation, countries are divided into three groups, namely hard policy group, strict control group, and liberal group. Summing up the analysis of the legal regulation of the fight against drug crime in different countries, it should be noted that international legal acts govern most countries' legislation. At the same time, the legislation and executive system of punishments of various states in combating drug crimes are specific, due not so much to the country's national characteristics but to the concretely formed criminogenic situation in this area.</em>

TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA DILUAR WILAYAH KERJANYA TERAIT AKIBAT HUKUM ATAS PELANGGARAN UNDANG-UNDANG JABATAN NOTARIS DAN KODE ETIK NOTARIS.

Responsibilities of notaries in making deeds outside their work area investigate the obligations and roles of Notaries when making deeds outside their work area. Related legal consequences for violation of the Notary Office Act and the notary Code of Ethics investigate the legal consequences that a notary may face if he violates the Notary Office Law and the notary Code of ethics. This study uses two theories of law, namely The Theory of legal consequences and liability theory. The method used in this research is normative juridical research, specifically a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used in this case the legislation relating to land acquisition and the method of collecting the legal materials are carried out by identifying and taking an inventory of positive law, journals and other legal sources. The method used in analyzing the legal materials (interpretation) is to get views on the public interest is ultimately owned by either private ownership or management. to get legal certainty and legal construction method. The result of this study is the deed outside the territory of the Notary is valid as evidence, can be canceled if it is defective and disputed, only by the party in the deed. The act of abrogation occurs as an act under hand. The notary is responsible civil and administrative, can sanction fees, damages, interest, warning, dismissal, or dismissal. Violation of Article 17 paragraph (1) letter a uujn-P triggers civil and administrative liability, lawsuit to the General Court. If the deed is void, the Notary is charged fees, damages, and interest. Administrative sanctions are established by the Supervisory Board of Notaries. Although not a criminal offense, notaries are bound by civil, administrative, and professional code of ethics liability. The Code provides for obligations, prohibitions, exceptions and internal sanctions

Comparative analysis of administrative and criminal punishments in Ukraine and some foreign countries and prospects for changes

The process of European integration necessitates the reform of the system of Ukrainian legislation. In this case, the issue of the ratio of norms that establish administrative and criminal punishments in Ukraine, namely their improvement and unification, is relevant. Thus, the purpose of the study was to determine the prospects for changes in approaches to the legislative consolidation of articles on criminal and administrative liability in Ukraine as well as abroad. The methods of analysis, synthesis, comparison, formal-legal, and deduction were used. The results of the study indicate that there are similarities in the structure of certain provisions of the Code of Ukraine on Administrative Offences with the corpus delicti of crimes provided for in the articles of the Criminal Code of Ukraine. This phenomenon is highlighted as an important aspect of the Ukrainian legal system that requires careful analysis and comparison. The study also identified the main historical preconditions for the codification of the rules governing criminal and administrative liability into separate codes. By analysing the historical contexts, the study examined how the evolution of legal principles contributed to the formation of the modern liability system. In addition, the study focused on the current relationship between the Code of Administrative Offences and the Criminal Code of Ukraine. The analysis of the interaction between these two codes has become an important component for understanding the law and order system in Ukraine and identifying possible aspects of improving this system. The researchers were particularly interested in studying foreign experience, in particular the practices of Kazakhstan, Germany, France, Germany, Estonia and the United Kingdom. This comparative approach allowed us to identify similarities and differences in the legal systems of different countries, as well as to take into account effective practices that can be used to improve the legal system of Ukraine. The results obtained in the study should be used in the process of making changes to the provisions of the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine, in particular their improvement in the context of the European integration process

К ВОПРОСУ О СОВЕРШЕНСТВОВАНИИ СИСТЕМЫ АДМИНИСТРАТИВНЫХ НАКАЗАНИЙ В ОТНОШЕНИИ ЮРИДИЧЕСКИХ ЛИЦ В ОБЛАСТИ ДОРОЖНОГО ДВИЖЕНИЯ В РОССИЙСКОЙ ФЕДЕРАЦИИ

This article addresses the pressing issue of administrative liability for legal entities within the Russian Federation. The relevance of the chosen topic is underscored by the need to adapt the existing system of administrative penalties to contemporary societal conditions and demands, as well as to implement administrative reform. The research methodology is founded on a comprehensive approach that encompasses the analysis of the legal framework, doctrinal sources, case law, and empirical sociological research. The use of general scientific methods (analysis, synthesis, induction, deduction) alongside specialized legal methods (formal legal, comparative legal) enables a thorough investigation of the current mechanisms of administrative influence and their practical application. The findings of the study include an assessment of the effectiveness of the existing system of administrative penalties, an analysis of legislative gaps and issues, and the proposal of new types of punishments, such as license revocation and compulsory liquidation of legal entities for non-compliance with sanctions. The author argues for the necessity of a judicial process to apply these new measures and justifies their proportionality and fairness. The conclusion of the work highlights the importance of the proposed changes for strengthening legality and order, as well as for protecting the rights and interests of citizens. The author’s suggestions may contribute to the improvement of law enforcement practices and legislative activities in the Russian Federation, which would deepen theoretical knowledge in the field of administrative liability and enhance the effectiveness of administrative penalties.

Problems of Countering the Public Demonstration and Dissemination of Fascist and Nazi Symbols (the Legal Aspect)

The authors substantiate the thesis that it is necessary to differentiate between the concepts of «fascism» and «Nazism» at the normative level, since this distinction is not only of theoretical, but also of practical importance for the qualification of crimes and other offences of extremist nature. It is noted that, for a person be identified as a neo-Nazi, three key attributes should be simultaneously present — ideology, symbols, practice. Ideology, however, acts as the political determinant of unlawful behavior of neo-Nazis. The analysis of doctrinal sources shows that the ideologies of fascism and Nazism manifest certain differences regarding national and racial issues, which makes it possible to say that they are based not on one, but on two different political platforms. According to the authors, unless the concepts of «fascism» and «Nazism» are differentiated at the normative level, it is not possible to effectively counteract the dissemination and public demonstration of the symbols and paraphernalia used by corresponding political parties, as well as the rehabilitation of Nazism and fascism. At the same time, research results demonstrate that the concepts of «fascism» and «Nazism» are treated as equivalents not only in the dictionaries of the Russian language, but also in specialist legal literature, public conscience, and the legal field, which hinders law enforcement. It is noted that the legislation regulating liability for counteracting extremism treats fascist and Nazi organizations as extremist and subject to prohibition. At the same time, the system of registering extremist organizations in Russia, as well as the procedures of classifying organizations as extremist, determined by normative legal acts, are not free from drawbacks. The authors present some suggestions for improving them. They also examine a number of problematic questions connected with the necessity of further improvements in the system of legal regulation of criminal and administrative liability for the public demonstration and dissemination of fascist and Nazi symbols (paraphernalia).

Peculiarities of administrative responsibility for violation of the migration regime in Ukraine

Modern international activity and globalization of processes in the sphere of socio-economic, cultural, and political relations inevitably affect the dynamics of migration flows throughout the world. Ukraine, as one of the important geographical, economic, and cultural bridges between Eastern and Western Europe, has witnessed significant changes in the structure and intensity of migration processes on its territory. This led to an increase in the importance of issues of migration regulation and ensuring compliance with migration legislation in Ukraine.
 It is indicated that the study of this problem requires the study of various aspects, such as the types of violations of the migration legislation, the mechanisms of their detection and documentation, the rights and obligations of foreigners, as well as the effectiveness of the application of administrative sanctions. The issue of administrative responsibility for violations of the migration regime is important for ensuring compliance with legality and maintaining law and order in the field of migration, as well as in the context of Ukraine's international obligations.
 However, together with the growth of migration flows, the number of violations of the migration regime also increases, which requires effective control and administrative responsibility. Violations of migration legislation can have serious consequences for the security, socio-economic development, and international relations of Ukraine. Therefore, the issue of administrative responsibility for violations of the migration regime is relevant and requires in-depth scientific analysis and research.
 This scientific work is aimed at studying the peculiarities of administrative responsibility for violations of the migration regime in Ukraine. It examines various aspects of violations of migration law, including the types of violations, the legal framework, prosecution procedures, and the rights and responsibilities of foreigners and migration services in the context of administrative liability.
 The study of this topic is important for understanding the modern challenges that Ukraine faces in the context of migration processes and for the development of effective strategies for regulating migration and ensuring security and law and order in this area.

The Role of Administrative Law in Safeguarding the Environment: A Jordanian Perspective Administrative Law and Environmental Protection in Jordan

Objective: The primary objective of this study is to scrutinize the role of administrative law, particularly the administrative judiciary, in safeguarding the environment within the Jordanian legal framework. The study aims to elucidate the mechanisms through which the administrative judiciary exercises oversight over administrative and regulatory authorities and to delineate the legal foundations underpinning administrative liability for environmental damages. Theoretical Framework: The theoretical underpinning of this study is anchored in the jurisprudential doctrines of administrative law and environmental governance. The study explores the intricate relationship between administrative jurisprudence and ecological stewardship, particularly in Jordan's unique environmental challenges and legal landscape. It posits that the administrative judiciary serves not merely as a procedural instrument but as a substantive agent of ecological governance. Method: The methodology employed is a rigorous legal analysis, incorporating a review of Jordan's statutes, regulations, and judicial decisions relevant to environmental protection. The study also draws upon secondary sources, including scholarly articles and commentaries, to comprehensively understand the subject matter. Result and Conclusion: The study reveals that the administrative judiciary in Jordan plays a pivotal role in environmental protection. It serves a dual function: as a guardian of environmental integrity and an oversight body for administrative regulatory authorities. The study also highlights the adoption of the doctrine of strict liability in the Jordanian legal system, emphasizing its significance in holding the administration accountable for environmental harm. Research Implications: The findings of this study have far-reaching implications for the development of environmental policy and legal frameworks in Jordan. They underscore the need for a more integrated approach harmonizing administrative law principles with environmental governance objectives. This necessitates reevaluating and recalibrating existing legal mechanisms to ensure they align with sustainable development principles and ecological justice. Originality/Value: The study offers a novel contribution to the existing body of literature on environmental law in Jordan by focusing on the often-overlooked role of the administrative judiciary. It provides a nuanced understanding of the complexities involved in environmental governance and offers a theoretical framework that could serve as a foundation for future research in this domain.

Exonerative and Non-Exonerative Grounds for Administrative Offense Case Dismissal

In the paper, the author proposes to divide all the circumstances entailing the termination of proceedings in a case of an administrative offense into three groups. The first unites grounds that should be regarded as irremediable procedural obstacles and in the presence of which this particular proceeding is impossible due to procedural obstacles, but at the same time, the issue of the offender’s responsibility can be resolved in another case. In the second group, the author proposes to include grounds resulting in impossibility of holding a person liable due to the lack of cause. The dismissal of the proceedings under these circumstances makes reopening of the case impossible; at the same time the innocence of the person is considered established. The third group includes grounds in the presence of which the offender, whose guilt is established, is released from the obligation to undergo punishment, while the conclusion about the illegality of his actions remains valid.The author believes that the lack of legislative regulation of this issue generates legal disputes and may negatively affect the effectiveness of the protection of the rights of persons against whom a case on administrative liability has been unreasonably initiated.

ОБ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ ЗА НАРУШЕНИЕ ПРАВИЛ ПАРКОВКИ ПО ЗАКОНАМ СУБЪЕКТОВ РОССИЙСКОЙ ФЕДЕРАЦИИ

The article covers issues of administrative liability for violation of parking rules in accordance with the legislation of the constituent entities of the Russian Federation, examines the legislative framework in this area, as well as specific measures of administrative liability applied to offenders. Federal and regional legislation on administrative offenses is analyzed. Recommendations are offered for the implementation of the legislation of the constituent entities of the Russian Federation on administrative offenses.

Prevention of bullying among minors at school

The problems of violence among minors, which takes the form of bullying, are quite actively discussed in society. The causes of deviant violent behaviour of children against their peers are overwhelmingly related to the problems of family bonding of perpetrators and their victims. The lack of an adequate response to aggression often leads to the criminalisation of adolescents’ personalities and, at the same time, to the victimisation of potential victims of bullying. Investigations have shown that minors most often experience bullying at school and in the street. What is the leading area of activity for adolescence, is schooling. Educational institutions, whose vocation is to equip pupils with a certain amount of knowledge, should pay more attention to the upbringing of pupils and the prevention of deviant behaviour. Recently adopted normative acts aimed at intensifying the upbringing activity of general educational institutions, including the prevention of violence, bullying among minors, are considered in the article. It is necessary to establish the training of teachers to carry out the work of upbringing, to manage children’s collective, to implement preventive activities in modern conditions of social development. In order to increase the role of ubringing of general education institutions, it is necessary to revise the norms of teachers’ labour load and criteria for payment of ubringing work. Also, the issues of expediency of introducing a draft law, which would be aimed at combating bullying in schools and bullying prevention, submitted to the State Duma of Russia and subsequently developed by the Ministry of Education as the State Bullying Prevention Programme and creation of the Unified Bullying Prevention Standard and administrative responsibility of schools for their non-fulfilment, are considered in the article. The conclusion is that excessive unification of bullying prevention work of general education institutions with reporting and administrative liability measures in case of non-fulfilment of measures aimed at bullying prevention is not appropriate.

Administrative liability for non-implementation of local self-government bodies’ decisions

The scientific study is devoted to the problems of administrative responsibility for violating the requirements of the by-laws of local self-government bodies. Legislative acts and the list of administrative offenses regulating the powers of local self-government bodies are studied. The article examines the works of scholars who have studied the peculiarities of administrative liability for violation of parking rules, ensuring silence in cities, and waste management.It is stated that the binding nature of decisions of local councils and their executive committees is one of the guarantees of local self-government. Guarantees of local self-government are defined as a system of conditions that provide territorial communities with the exercise of the right to local self-government. Attention is drawn to the fact that local councils make decisions on the budget, housing, communal services, land relations, improvement, education, and health care, and regulate other legal ties. Failure to comply with many by-laws of local self-government bodies may entail administrative liability. Administrative offenses in budgetary, land, environmental relations, and settlement improvement are analyzed.
 Cases of qualification of by-laws violations of local self-government as administrative misdemeanors are determined. The objective side of the composition of these administrative offenses is described.
 The authority of local self-government bodies to bring offenders to administrative responsibility is clarified. Proposals for expanding the competence of administrative commissions and executive committees in bringing administrative responsibility are made. It is proposed to establish a list of violations of by-laws of local self-government bodies in the Law of Ukraine On Local Self-Government in Ukraine, for which administrative responsibility is provided for citizens and legal entities.

Actual approaches of the Federal Antimonopoly Service of Russia to bring subjects of natural monopolies providing services in ports or airports to administrative liability for violation of the rules of non-discriminatory access

The practice of application of the FAS Russia Rules for ensuring access to the services of subjects of natural monopolies at airports and the Rules for non-discriminatory access to the services of subjects of natural monopolies in ports has been studied. The practice of bringing subjects of natural monopolies to administrative responsibility for violation of these rules is analyzed. The article highlights the current legal approaches of the Federal Antimonopoly Service of Russia on the issue of qualifying violations of these rules by subjects of natural monopolies.

The Problem of Balancing the Size of Sanctions in Achieving a Balance of Interests (Using the Example of Customs Duties)

The relevance of the proposed research, both from theoretical and practical perspectives, lies in addressing the issue of the relationship between the magnitude of sanctions concerning the balance between public and private interests. The main objective of this study is to explore optimal approaches to address issues related to imposing penalties for violations of customs regulations. The results of this research could enhance control procedures and facilitate a balanced determination of penalty sizes in customs law while considering public interest and property rights protection. The study is based on the application of various scientific methods, such as dialectical analysis and synthesis, structural-functional approach, formal-legal and formal-logical analysis, comparative-legal approach, among others. It encompasses an examination of the interplay between public and private interests, as well as an analysis of the system of public interest and potential conflicts arising during the formation of public funds. The research investigates the nature of compulsory payments, such as taxes, fees, and customs duties, illustrated through the example of customs payments. Additionally, it sheds light on issues of administrative liability for customs violations, emphasizing the significance of adhering to specific time criteria when making customs payments and the consequences for the state if these criteria are not met. Furthermore, the study explores the interrelation between material and procedural impact on regulating the behavior of the participants involved in the relationships, emphasizing that these two aspects cannot be separated. It also affirms that the state has the sovereign right to establish taxes, fees, and other payments within its territory to fulfill its functions and meet societal needs. Moreover, the research examines the relationships among various interest groups of participants, such as societal interest, state interest, territorial community interest, government entities, and obligated individuals, while also discerning the division of these interests into disproportionate groups and their interconnectedness. Overall, the research holds significant importance in understanding the issues and prospects within the domain of customs law and administrative responsibility. The findings have the potential to contribute to the improvement of legislation and control procedures, fostering the development of a transparent and efficient legal system capable of safeguarding the interests of all parties involved, including society, the state, and private individuals.

Peculiarities of preventing offences in the field of taxes and fees

The article is a study of the peculiarities of preventing tax and levy offenses. In particular, it is established that taxes and levies play an important role in the country’s financial system, providing financial resources for carrying out state functions, developing infrastructure, and social programs. An effective tax system affects the financial stability of the state and contributes to its economic development. It has been investigated that administrative and criminal liability are important aspects of combating tax offenses. Administrative liability includes the imposition of fines, penalties, and other sanctions in case of non-compliance with tax obligations. Criminal liability involves holding individuals accountable for intentionally violating tax legislation, including tax evasion or illegal transactions related to tax obligations. The article examines in detail the features of preventing tax and levy offenses, which include a range of measures. It is established that first and foremost, it is necessary to increase the awareness of citizens and enterprises regarding tax regulations and obligations. Wide access to information about tax rules and the consequences of violating legislation promotes conscientious fulfillment of tax obligations. It is determined that the second feature is the establishment of an effective mechanism for monitoring and verifying compliance with tax legislation. This includes setting up an audit system and investigating tax offenses using modern information technologies. Such control helps to detect violations and ensures effective response to them.It is specified that the imposition of strict sanctions for violations of tax legislation is another important component of prevention. An effective system of fines and penalties serves as a preventive measure and a deterrent for potential violators. However, it is important to ensure fairness and transparency in the application of sanctions, avoiding excessive pressure on taxpayers. It has been found that cooperation between government agencies, such as the tax service, law enforcement agencies, and the judicial system, is quite important and has a significant impact on the prevention and cessation of tax offenses. The mutual exchange of information and coordination of actions help to respond more effectively to tax offenses and hold the guilty parties accountable.Therefore, the prevention of tax and levy offenses is an important element in ensuring the financial stability of the state and stimulating its economic development.

Administrative Liability for Discrediting the Activities of Public Authorities

The subject of the analysis is the relations and activities of law enforcement agencies related to the qualification of administrative offenses aimed at discrediting the Armed Forces of the Russian Federation and state authorities in the context of unfriendly relations and armed confrontation between individual countries. Forces of the Russian Federation and public authorities in the conditions of unfriendly attitudes and armed confrontation of certain countries. The purpose of the study is to clarify the phenomenon of verbal and intensional offences of psycho-emotional type, the peculiarities of construction, design and deconstruction of the main elements of the composition of this type of administrative offences. Clarification of the criteria for the separation of conditionally lawful and categorically unlawful act expressed as a negative statement or aggressive unstable attitude of the psychological state of the person who committed an administrative offence also is the purpose of this paper. The research methods are based on the application of the legal text and correlation of the context of circumstances from the positions of the main provisions of propositional logic (derivation of categorical judgements about the meaning of certain terms with uncertain semantics (discrediting, publicity, targeting, etc.)). The doctrine of multiple predicates (which allowed building of matrix structures of admissibility of imputation of an unlawful act to a subject with a certain legal status only, as well as situational negation of admissibility of its imputation, if a full map of the subject's legal status is not available) is also used in the present research. Besides, design of modal constructions (rules of qualification of administrative offences of psycho-emotional type), as well as the logic of evaluations (in terms of weak and strong statements about prohibited or permissible statements about the activity of representatives of the authorities in certain conditions or in certain ways) is used as effective research method . The main conclusions of the study are expressed in the assertion of the priority establishment of amenability and punishability for offences related to the formation of destructive anti-cultural stereotypes, false ideological attitudes, belittling of the traditional way of life and denial of vital foundations of Russian society, the need to eliminate legal constructions with vague and unclear content. Increased attention should be paid to the semantic analysis and targeting of the offender's phrases precisely to replace the upheld public position with egoistic aspirations and planting the priority of personal misconceptions. It is necessary to introduce a separate category of rules of information and semantic analysis when imputing this or that administrative offence.