Основні помилки, що виникають при прийнятті постанови по справі про адміністративне правопорушення

English

main errors that occur when adopting a decision on an administrative offense case

Abstract. Introduction. The stage of making a decision (issuing a resolution) is key in the proceedings in the case of an administrative offense, since it is at this stage that administrative responsibility is implemented. At this stage, an act is adopted in which the competent body (official) officially declares the citizen guilty or innocent and determines the measure of influence. That is why any mistake, incorrect application of legal norms causes negative consequences for the person who is held accountable. Purpose.The purpose of the study is to determine the range of basic errors at the stage of issuing a resolution (decision) in cases of administrative offenses, as well as to formulate proposals for preventing errors by officials (bodies) during the consideration of cases of administrative liability. Materials and methods. The research materials are: 1) regulatory and legal regulation of issuing a decision on an administrative offense case; 2) works of domestic and foreign authors conducting scientific and practical research in the field of administrative process and administrative proceedings, in particular proceedings in cases of administrative offenses. In the process of carrying out the research, the following scientific methods were used: scientific knowledge (general scientific, specific scientific and special); analysis, in particular the method of terminological analysis, which was used during the study of the problems of doctrinal and normative terminological determination of the stage of consideration of the administrative offense case; logical generalization of results (formulation of conclusions). Results. The scientific article examines the mistakes made when rulings are made in connection with non-compliance with procedural legislation when drawing up a protocol on an administrative offense. Also, the work pays attention to the violations allowed in the assessment of evidence in the case of an administrative offense, since establishing all the circumstances of the case is the duty of officials and bodies that consider administrative cases. In addition, the article focuses special attention on typical mistakes when issuing a decision when considering a case about an administrative offense in the field of ensuring road traffic safety, recorded in automatic mode, safety on road transport and violation of the rules for stopping, parking, parking vehicles, recorded in automatic mode photography (video recording). Discussion. In further scientific research, it is proposed to focus attention on the complex formulation of proposals to prevent errors in making decisions by officials when considering cases of administrative offenses. This will make it possible to ensure the rights and freedoms of individuals when considering cases on the imposition of administrative fines.

Keywords: resolution; administrative proceedings; administrative offenses; typical mistakes; case review