Gorkava V. The right to defense in the proceedings of administrative offence cases and guarantees of its implementation

The thesis is devoted to the theoretical grounding of the concept and content of the right to defense in the proceedings in administrative offence cases and analysis of the practical aspects of administrative proceedings. The study examined the forms and methods of implementation of the right to defense in the proceedings on administrative offence cases; the content of the principle of the right to defense for the person regarding whom proceedings are being conducted on administrative offence cases is unpacked. Classification of the principles of the implementation of the right to protection in administrative offence cases is developed. It is written in the paper that subjects of the right to protection in administrative offence cases are divided into entities that implement private interest and subjects that realize public interest. The paper determines the role of the prosecutor, as the subject of guaranteeing of the enforcement of the right to protection in administrative offence cases. It is proposed to divide legal guarantees of the right to protection in administrative offence cases into regulatory and protective ones, depending on the purpose of their use, the implementation of procedural rights granted to a person who is made liable to administrative responsibility, or its protection. The paper examines the features of the right to defense at the stage of demand of an administrative case and the stage of appeal and review of the regulation on administrative offence cases.