Ustymenko Y. Sanctions in the Administrative Law of Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002374

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

03-06-2016

Specialized Academic Board

Д 64.051.28

V.N. Karazin Kharkiv National University

Essay

The research object is the public relations arising in the course of the implementation of the relations connected with the sanctions application in the Administrative Law. Objective: a comprehensive analysis of the legal regulation of the office subjects’ response to various offences within the subject of the Administrative Law, which manifest themselves as sanctions, their systematization. Methods: general and special methods of cognition, classification method, formally juridical, system-structural, structural-functional, method of legal regulation, general-logical ways of analysis and synthesis. Historical method and the method of the comparative jurisprudence. Theoretical and practical results, scientific novelty: for the first time it was formulated the author's understanding of the sanctions nature in the Administrative Law. It was grounded the existence of the administrative sanctions as an individual institute in the Administrative Law. It was described the content of the following sanctions application in the Administrative Law as realizability and adequacy, it was described the ways of the practical guaranteeing of the implementation of these principles. The approaches to the sanctions classification in the Administrative Law were improved. Further development was given to the theoretical regulations relating to the structure of the Administrative law, approaches to the assessment of the sanctions adequacy in the Administrative Law. The regulation on the procedure peculiarities of the sanctions application, including those procedures of sanctions application which are different from the measures of legal liability. Practical importance: the obtained results can be used in the scientific – research sphere as the basis for the further research in the area of the sanctions usage and application; in the lawmaking sphere in the course of the development of the sanctions normative constructions in the acts of the administrative legislation, the principles and procedures of their application. The sphere of application: in the educational and methodological work in the course of teaching the academic subjects “Administrative Law”, “Administrative Responsibility”, certain applied academic subjects of the legal nature, and in the course of the preparation of textbooks and educational manuals relating to the above mentioned disciplines.

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