Berizko V. Administrative liability for violating the legislation on the prevention and counteraction of the legalization (laundering) of the proceeds of crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002634

Applicant for

Specialization

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

12-06-2018

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The paper investigates the origins and basic principles of administrative liability in the sphere mentioned. It is concluded that bringing to administrative liability for offenses in the investigated sphere is based on outdated approaches. In order to avoid relevant mistakes in both rule-making and law enforcement practice, the branch law proposes to consolidate the principles (rule of law, individualization of punishment, prohibition of arbitrariness, competitive process, etc.). The study investigates that one of the peculiarities of administrative liability in the analyzed sphere is that it is stipulated by two legislative acts, namely: CUAO and branch Law. Both legislative acts outline the constituent parts of offenses, the range of subjects authorized to deal with cases, and administrative penalties for malfeasance. Moreover, these acts define different liable parties, different procedures for prosecution and different sanctions. In view of the need to reform the administrative and tort law and eliminate existing conflicts, it is necessary to systematize the list of types of offenses stipulated by the norms of the two legislative acts and to codify it by the CUAO.

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