CERTAIN ISSUES IN THE JUDICIAL REVIEW OF ADMINISTRATIVE OFFENSE CASES

Abstract

The article examines current issues of legal regulation of the adjudication of administrative offense cases by courts of general jurisdiction in Ukraine. Based on an analysis of the provisions of the Code of Ukraine on Administrative Offenses, the key problems of judicial consideration of administrative cases are identified. These include insufficient regulation of procedural rules governing court proceedings, the absence of clear definitions of certain procedural categories and the legal status of participants in the proceedings, as well as the lack of regulation concerning court recording procedures, the collection and examination of evidence, the conduct of videoconferences, and other procedural actions. Particular attention is paid to the issue of applying the analogy of law and using provisions of other procedural codes in the adjudication of administrative offense cases. The shortcomings of the legal regulation of the consequences of the expiration of time limits for imposing administrative liability are also analyzed. It is substantiated that the current mechanism for terminating proceedings due to the expiration of statutory limitation periods does not ensure an adequate preventive effect on offenders and may encourage abuse of procedural rights aimed at avoiding liability. The introduction of the possibility of terminating proceedings on nonrehabilitative grounds and taking such cases into account when qualifying repeated offenses is proposed. The article also addresses the problem of uncertainty regarding the competent administrative jurisdiction authority for certain categories of administrative offenses. It is proposed to establish, at the legislative level, a rule according to which cases whose jurisdiction is not expressly determined by law shall be considered by courts of general jurisdiction. The study concludes that it is necessary to improve the procedural provisions of the Code of Ukraine on Administrative Offenses by defining the scope of application of other procedural codes, eliminating legislative gaps, and ensuring the principles of legal certainty, the inevitability of administrative liability, and the effective protection of public interests