FEATURES OF QUALIFICATION OF ADMINISTRATIVE OFFENCES IN THE SPHERE OF MANAGEMENT ACCORDING TO THE LEGISLATION OF UKRAIN

О.С. Демський

Анотація


FEATURES OF QUALIFICATION OF ADMINISTRATIVE OFFENCES IN THE SPHERE OF MANAGEMENT ACCORDING TO THE LEGISLATION OF UKRAIN

Demskij А. S.

 In the article the objective side of the individual formulations of legal violations in the sphere of economic activity, a constitutional feature of which is causing material damage to the state, the lender, to society as a whole. It was found that in most cases administrative liability in the event of illegal actions of significant, large and very great harm to the public interest, with the result that in some cases the offender is generally avoids any responsibility.

Keywords: composition of the offense, the objective side, the amount of damage, a public entity, the administrative penalty, the qualifying features.

 

Statement of the problem. With the adoption on 15 November 2011 the law of Ukraine "On amendments to some legislative acts of Ukraine regarding humanization of responsibility for offenses in the sphere of economic activity" (hereinafter – the Law № 4025-VI) and its entry into force on 18 January 2012, radically changed the abstract descriptions of wrongful acts in the field of financial, budget, enterprise, economic activity. Changes qualitative differences between criminal and administrative misconduct in the sphere of economic activity. Constructive elements of administrative offense, especially the objective side require additional study and specific research. Due to the global humanization of responsibility for offenses in the sphere of economic activity remain a number of unresolved issues of the effectiveness of administrative responsibility for certain offenses.

The purpose of this paper is to study a thorough analysis of the characteristics of the objective side of certain crimes in the sphere of management and identification of specific features of qualification of the offences.

Analysis of main researches and publications shows that after the adoption of the Law 4025-VI of the comprehensive work on this problem was conducted.

The main material of the study. Naturally, the attraction of the offender to administrative responsibility and imposing an administrative penalty may only be subject to the availability of two components – the events of the offence and the legal structure of an administrative offense (article 9; clause 1, part 1 of article 247 of the Cao). Thus, if the event of the offence States the existence of illegal, guilty, harmful acts for which administrative liability, the offense provides for a system of objective and subjective symptoms, the characteristics of which in the legal literature, written and rather well studied, is constant and not only in the work of these authors, and in General in the scientific literature, administrative and judicial practices, both domestic and abroad (on the territory of the former USSR).

However, drastic economic, political and social changes that occur from time to time, cause a corresponding dynamism in the development of legislation on regulation of public relations in the field of management, including measures of administrative and legal impact on this relationship.

Given the above, in our opinion, the structure and content of some articles of the administrative code should be:

1. Article 162-3 of the administrative code to read as follows:

Article 162-3. Violation of rules of delivery of precious metals and precious stones

Evasion of statutory mandatory delivery for affinage or compulsory sale of extracted from the bowels received from secondary raw materials, subjects or precious metals or precious stones, as well as evasion from obligatory delivery to the refining or compulsory sale of bought up precious metals, precious stones, jewelry or household goods or scrap such goods –

entail imposition of a fine from one hundred to five hundred free minima of incomes of citizens.

The same actions committed by a group of persons, or these acts are committed on a large scale – pulling for the imposition of a fine from five hundred to one thousand free minima of the income of citizens with confiscation of precious metals, precious stones, jewelry or household products, or scrap of such products.

Note. Violation of rules of delivery of precious metals and jewels admits made in the large size, if the value referred to in this part of the article items are not delivered or sold, exceeds five hundred non-taxable minimum incomes of citizens.

2. In the dispositions of articles 164-15, 166-16, 166-17 Cao respectively the words "unless caused great material damage to the creditor"; "and caused great material damage"; "if such actions have caused great material damage to creditors or the state" should be deleted.

This structure of the articles will bring the offender to administrative responsibility regardless of the size of the damage, which will create the commitment and the certainty of reaction of bodies of authority and their officials in the Commission of the offense.


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References

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