Protection of the People’s Right to Exercise their Vote: Aspect of Administrative Liability
Copyright policy )Protection of the People’s Right to Exercise their Vote: Aspect of Administrative Liability
The article investigates the features of administrative responsibility for encroaching offenses on the exercise of the will of the people and the established procedure for its provision. The author analyzes the practice of reviewing cases of relevant administrative offenses by the courts. The analysis focuses on some features of the proceedings in such cases on administrative violations. During the study, decisions were taken in the Unified State Register of Judicial Decisions. It is possible to summarize the results of the analysis of cases of administrative violations. A total of 187 decisions were reviewed in cases, of which 78 (41.7 %) cases ended with the prosecution of offenders in the form of fines; 77 (41.2 %) cases were closed by courts; and 32 (17.1 %) cases were returned to the bodies of the National Police for further elaboration. This indicates a relatively low rate of effectiveness of the investigations conducted by the National Police. As a legal mechanism for protecting the people’s right to freedom of expression, the implementation of the institute of administrative responsibility requires a qualitative reform. The offences found in Chapter 15-A of the Code of Administrative Offenses are not, in the majority of cases, fixed by authorized persons. In turn, the number of recorded offenses is quite insignificant. The professional training of persons to whom the law entrusts the authority to conduct administrative investigations and the drawing up of protocols on administrative violations remains low. Such training does not meet the requirements of the Code of Administrative Offenses. The application of administrative and tort law in protecting the people’s right to freedom of expression is ineffective. It can be argued that its implementation does not reach its goal. Conclusions are made about the reasons for the low efficiency of the response by authorized persons to this type of offenses on the basis of the studied cases. The author provided suggestions that should help to improve the quality of the implementation of the process and drafting procedural documents.
- IE University Spain
consideration of the case, administrative liability, administrative investigation, провадження в справах про адміністративні правопорушення, особи, K, адміністративне розслідування, адміністративна відповідальність, proceedings in administrative offenses, administrative liability; proceedings in administrative offenses; administrative investigation; persons authorized to draw up protocols on administrative violations; consideration of the case, розгляд справи, уповноважені складати протоколи про адміністративні правопорушення, Law, persons authorized to draw up protocols on administrative violations
consideration of the case, administrative liability, administrative investigation, провадження в справах про адміністративні правопорушення, особи, K, адміністративне розслідування, адміністративна відповідальність, proceedings in administrative offenses, administrative liability; proceedings in administrative offenses; administrative investigation; persons authorized to draw up protocols on administrative violations; consideration of the case, розгляд справи, уповноважені складати протоколи про адміністративні правопорушення, Law, persons authorized to draw up protocols on administrative violations
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