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LECTURE 7. BASES OF ADMINISTRATIVE LAW OF UKRAI...doc
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  1. Concepts of administrative responsibility, types of administrative penalties.

Administrative responsibility is the type of legal responsibility of citizens, public officers (servants) and legal persons for administrative offences.

Administrative penalty is the forced measure of state influence (measure of responsibility), that is used to the guilty person, who accomplished an administrative offence.

Aim of administrative penalty is education of person, preventions of other offences.

Types of administrative penalties :

  1. Warning ( in writing form).

  2. Fine is money penalty to the budget of the state.

  3. Paid withdrawal of object, which became an instruments of offence.

  4. Confiscation of object that became instruments of administrative offence. Such objects are confiscated compulsory and gratis (free).

  5. To deprive of the special right of concrete citizen (for example, to manage a transport).

  6. Social (public) works are compulsory social works in free time of work and studies, which are social useful. Bodies of local self-government chouse the kind (type) of these works. A local court assigns social (public) works for the term from 20 to 60 hours, person executes this type of penalty not more than 4 hours on a day.

  7. Correctional (corrective) works are for the term till 2 months (at the place of work with the contribution of 20 % earnings).

  8. Administrative arrest is for the term till 15 days (twenty-four hours).

  1. Types of administrative penalties for minors.

According to the Code of Ukraine of administrative offences there are such types of administrative penalties for minor:

  • warning;

  • fine;

  • correctional works;

  • confiscation;

  • paid withdrawal of object.

An administrative arrest is not used for minor.

The minors from 16 to 18 are responsible on general grounds in cases about drugs, weapon, theft, hooliganism, illegal exploitation of transport and damage for it, when they drive transports in the state of alcohol intoxication etc. When the miner committed other offence it is possible to apply the measures of educator influence to the minor in age from 16 to 18. They are:

  1. Obligation to ask an apology of victim in publicly or in other form.

  2. Warning.

  3. Reprimand or severe reprimand.

  4. Transmission a minor under a supervision to the parents or persons, who replace them or under a supervision to the pedagogical or labour collective after their consent and also separate citizens on their request.

5. Bodies of state power and public officers (servants), who have plenary power to decide cases about administrative offences.

According to the Code of Ukraine of administrative offences there are such types of bodies of state power, which have plenary power to explain administrative cases of administrative offences:

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