FEATURES OF THE APPLICATION OF ADMINISTRATIVE PENALTIES IN ADMINISTRATIVE AND JURISDICTIONAL ACTIVITIES

Abstract

The article examines the peculiarities of the functioning of the institution of administrative responsibility in general and the application of the system of administrative penalties in particular in administrative and jurisdictional activities. It is noted that administrative penalties are applied within the framework of the administrative and jurisdictional activities of authorized bodies. It is emphasized that administrative and jurisdictional activities should be understood as activities regulated by law and carried out by competent entities to consider cases of administrative offenses, adopt decisions on them, and bring those responsible to justice. The entities engaged in such activities are public authorities. It is emphasized that a common feature of all administrative penalties is their simultaneously repressive, educational, and preventive nature. It is noted that the system of administrative penalties in Ukraine is dynamic and has undergone changes in line with social needs. Currently, active work is underway in Ukraine to update the legislation on administrative liability. A new draft Code of Ukraine on Administrative Offenses has been developed, which is intended to replace the outdated Code of Ukraine on Administrative Offenses and take into account modern realities and European standards. The new code is expected to simplify and modernize administrative liability procedures, eliminate existing conflicts and gaps, and strengthen the protection of the rights of participants in proceedings. The article also reveals the meaning of the presumption of innocence, which, among other things, implies that the burden of proving a person’s guilt lies with the state. It is concluded that administrative and jurisdictional activities related to the application of administrative penalties are characterized by a complex set of regulatory and practical features. The effectiveness of administrative penalties depends on the clarity of legislation and compliance with procedural guarantees.