Alternative Jurisdiction of Cases on Administrative Offenses: Available Practice and Experience in the Light of the Principle of Respecting Human Rights and Freedoms

The article examines certain aspects of administrative delictology, the problems of which were revealed during law enforcement practice. Modernization of the modern system of legislation of Ukraine should take place on the fundamental basis - the rule of law. The rule of law is impossible without legality in the activities of public administration subjects, above all those empowered to apply state coercive measures. Legal certainty and legal predictability, as integral components of the principle of the rule of law, should be reflected in the proceedings in cases of administrative offenses. The institution of alternative introduced in the administrative-delict law does not always contribute to the observance of human rights and freedoms, the establishment of the rule of law in Ukrainian society. Alternativeness, as well as absolute certainty in legal regulation, do not always have a positive effect on the quality of legal regulation of social relations, the satisfaction of legal expectations of a person both from the behavior of subjects of public administration, and law as a means of regulating social relations. At the same time, in the conditions of the presence and unity of the interest of the entity authorized to draw up protocols on administrative offenses, in the fact that, based on the results of the case review, where one (sometimes the only) source of evidence in the case of an administrative offense is the protocol on an administrative offense, the adoption the decision to bring a person to administrative responsibility, and the alternative in the choice of the subject of consideration of the administrative offense case, leads to abuse of administrative discretion. At the same time, the specified circumstance does not contribute to legal certainty and predictability for a person who is brought to administrative responsibility, which in aggregate can lead to the adoption of decisions that will violate the rights and freedoms of a person and a citizen, in their basis will not have sufficient and admissible evidence as the commission of an administrative offense, as well as the culpability of the person who is brought to administrative responsibility. That is why the issue of alternative jurisdiction in cases of administrative offenses and entities that can use and implement the indicated alternative jurisdiction is being investigated. The result of the study was the justification of the need to make appropriate changes to the Code of Ukraine on Administrative Offenses in order to eliminate this type of alternative, such as the alternative of jurisdiction regarding the consideration of cases on administrative offenses.

administrative delictology, administrative offense, alternative, jurisdiction, rights, freedoms, person.