Concept of reforming the legislation of Ukraine on administrative liability

Abstract. The Concept substantiates the necessity of reforming the legislation of Ukraine on liability for administrative offences, primarily to harmonise it with the legal standards of the European Union and the practice of the European Court of Human Rights in this area. The Concept notes the absence of a single legislative act in Ukraine that would systematically regulate all social relations arising in the area of liability for violation of administrative statutes, and would also meet the current requirements of social development, numerous changes that have taken place in the legislation and legal system of the state since the adoption of the current Code of Ukraine on Administrative Offenses in 1984. As a result, the central focus of the Concept is on the argumentation in favor of the immediate preparation and adoption of a new Code of Ukraine on Administrative Offences, which should enshrine the absolute priority of its regulations over all other legal acts on administrative liability, and incorporate all the latest tensions, principles and requirements of the current state of administrative tort legislation. The Concept provides a detailed description of the main aspects of reforming this branch, defines the indicative structure of the new Code, reviews new provisions on the regulation of types of administrative offences, subjects responsible for their commission, bodies authorised to consider cases of such offences, administrative tort procedure and other new provisions to be envisaged in the Code. In addition, it proposes the main stages of reforming the legislation on administrative liability.

Key words: reform of legislation, administrative liability, Code of Ukraine on Administrative Offences, public administration, administrative offences regulation, subjects of administrative offences, administrative tort procedure.

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04/2023