Administrative arrest in the administrative liability system of Ukraine

Authors

DOI:

https://doi.org/10.36690/2674-5216-2022-1-20

Keywords:

administrative law, human rights, liability, administrative responsibility

Abstract

The purpose is to determine the nature of corrective labour and the procedure for its establishment and application, on the basis of an analysis of current Ukrainian legislation, a summary of practice in its implementation and the elaboration of theoretical provisions. In order to clarify the nature of corrective work, preference was given to general scientific methods such as historical-legal, systemic-structural and scientific generalization. The fundamental changes taking place in Ukraine towards the establishment of a social State governed by the rule of law also concern the reform of the Ukrainian legal system in general and of every branch of the law in particular. This also applies to administrative law, the concept of which has made the renewal of the legal institution of administrative responsibility one of the main directions of reform.An integral part of the reform of this institution is the reconsideration and scientific justification of the definition of administrative detention as an administrative penalty, introduced by article 24 of the Code of Administrative Offences (in the following CAO) and the procedure for its application. The transition in Ukraine from a relationship of the "State over man" type, in which the latter was given the place only of a managed object, to which authority and administrative influence from State bodies were directed to a "State for the Human Being", where the State has the primary duty "to affirm and ensure human rights and freedoms", and recognition of the State as the ultimate social value of the State (art. оf the Constitution) сonsiderably reduces the scope of the State’s interference in human life through the use of various coercive measures andrestrictions on his or her conduct.

Author Biography

Ivan Piskun, National University of Defense of Ukraine

Ph.D. (Law), Associate Professor of Legal Support, Associate Professor, National University of Defense of Ukraine, Kyiv, Ukraine

References

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Published

2022-03-30

How to Cite

Piskun, I. (2022). Administrative arrest in the administrative liability system of Ukraine. Public Administration and Law Review, (1), 20–26. https://doi.org/10.36690/2674-5216-2022-1-20

Issue

Section

CHAPTER 2. LEGAL RELATIONS: FROM THEORY TO PRACTICE