Scientific Approaches to the Definition of Administrative Responsibility in Public Administration

Legal states should establish and operate the mechanisms which impact effectively on the qualitative aspects of the state apparatus activities, especially regarding human rights and freedoms. This impact should be possible primarily through the responsible attitude and the responsibility of an offi cial who is a representative of the state. However, in this area we suffer too strong echoes of the past, in fact the negative and totalitarian part of it. So, our task is to find means of updating of the responsibility of a given person-centrilized position in the «manpower» relations. One of the important directions of the development and operation of modern legal systems is to improve the responsibility of a state to the person. It should be emphasized
that the law states should establish and operate the mechanisms which have the effective impact on the qualitative aspects of the activities of the state apparatus, especially regarding human rights and freedoms. Administrative responsibility is understood in two aspects: positive (prospective or promotional aspect) and negative (retrospective or protective aspect). Positive administrative responsibility can not act as an independent type of legal responsibility, as it exists in the sphere of moral and ethical standards. Positive responsibility is a prerequisite for administrative charges and may result in the onset of administration (retrospective) responsibility that fi nally will lead to punishment. Administrative offense should be considered as illegal, falt (intentional or careless) acts or omissions committed by persons who have public authority (an offi cer of the public authority), which resulted in the material damage or moral harm to the person (physical, legal) or the public. Administrative legislation of Ukraine, which regulates the activity of the administrative officials of public power, resembles a chaotic conglomeration of rules, regulations, guidelines and methods that are poorly correlated. And in many cases, illegal activities of offi cials of public
authorities is a refl ection of the legal system, existing in the country, and the general state of relations, which involves all citizens of the country. The most annoying is the fact that the current issue of the new European legislation does not mean that we could fi nd the way out of this legal deadlock. According to European legislation there is the hidden asian nature of patriarchal relations in our society. The law is used as a «screen» or as a means to hide the selfi sh actions of offi cials and their business partners. Thus, the article reviews the main approaches to understanding the administrative responsibility of the offi cials. Emphasis is made on the relations between the administrative responsibility and the misconduct committed by the offi cials while exercising their authorities. We have proved the unreasonableness of the selection of positive administrative responsibility as one that does not meet the basics of the theory of legal liability.