Subjects of administrative offense (tort)
Authors: Pavlovska N. 
Published: August 2022

The author reveals the concept and features of administrative and legal liability and “subject of administrative-tort relations”.

It is noted that the improvement of the institution of administrative-tort relations is one of the decisive factors that improves the efficiency of law enforcement activities and compliance with the law in proceedings on administrative offenses (torts).

It is proposed to understand under administrative-legal responsibility compulsory with observance of the established procedure and limits of application by the competent subject of the state of the sanctions provided by the legislation which are applied in an administrative order, namely in the course of realization by the state bodies of the executive powers for committing an administrative offense. measures of influence aimed at punishing the offender, ie the guilty person who committed an administrative offense.

It is noted that the existing list of subjects of administrative-tort relations to which administrative-legal responsibility for administrative offenses (torts) can be applied should be expanded, as well as appropriate changes should be made to the current administrative-legal norms establishing such liability. The proposed legislative changes will be able to strengthen the protection of the rights and legitimate interests of persons who are participants in administrative-tort relations.

The subjects of the administrative offense (tort) are: 1) general - a natural person - a sane person who has reached the age of administrative liability; 2) special - natural person entrepreneur - legal entity - business entity; officials - authorized to perform representative functions on behalf of the body in which they work. The author reveals the concept and features of administrative and legal liability and “subject of administrative-tort relations”.

It is noted that the improvement of the institution of administrative-tort relations is one of the decisive factors that improves the efficiency of law enforcement activities and compliance with the law in proceedings on administrative offenses (torts).

It is proposed to understand under administrative-legal responsibility compulsory with observance of the established procedure and limits of application by the competent subject of the state of the sanctions provided by the legislation which are applied in an administrative order, namely in the course of realization by the state bodies of the executive powers for committing an administrative offense. measures of influence aimed at punishing the offender, ie the guilty person who committed an administrative offense.

It is noted that the existing list of subjects of administrative-tort relations to which administrative-legal responsibility for administrative offenses (torts) can be applied should be expanded, as well as appropriate changes should be made to the current administrative-legal norms establishing such liability. The proposed legislative changes will be able to strengthen the protection of the rights and legitimate interests of persons who are participants in administrative-tort relations.

The subjects of the administrative offense (tort) are: 1) general - a natural person - a sane person who has reached the age of administrative liability; 2) special - natural person entrepreneur - legal entity - business entity; officials - authorized to perform representative functions on behalf of the body in which they work.

In the current conditions of Ukraine’s development as a state governed by the rule of law, taking into account changes in foreign relations, strengthening positions in the international arena, cardinal powerful internal processes, developing mechanisms to ensure the implementation and protection of human rights in administrative-tort relations. ) and administrative proceedings in which the activities of the administrative body (official) and the court are assessed for their legality and effectiveness. The evolution of the legal system in Ukraine and abroad shows that the consideration and resolution of a jurisdiction by one body (official) - one instance leaves room for error, which leads to inefficiency of justice and, consequently - a decrease in confidence in public authorities, faith in the general principles of administrative proceedings.