Starovoitova S. Administrative Liability for Direct Contempt in Ukraine

The dissertation is focused on studying the content and specific features of administrative liability for direct contempt in Ukraine. Due to the retrospective analysis of the development of administrative and legal liability for direct contempt the author has defined the stages of development of the administrative liability institution for direct contempt. Based on the conducted analysis of the scientific literature, the author has offered the definition of the concept of “proceedings in cases on administrative offenses”. It has been found out that administrative liability for offenses in cases of direct contempt, taking into account the subject matter of legal regulation, is attributed to such offenses that encroach on the established management procedure. It has been established that the proceedings in the case of direct contempt have their own characteristics related to the sectoral specifics of the trial, as well as the possibility of issuing a decision to impose an administrative penalty without drawing up minutes in case of admission of guilt, while the formation and execution of materials on an administrative offense in cases on direct contempt is carried out according to general rules defined by regulatory legal acts and the Code of Ukraine on Administrative Offenses taking into account the above characteristics. The author has substantiated the concept of “normative basis of administrative liability for direct contempt” and its differences from the concept of “normative ground for administrative liability for direct contempt”. It has been found out that the normative basis of administrative liability for direct contempt determines the introduction of corpus delicti of an administrative offense into the system of legal norms, which consists in the manifestation of direct contempt, determines the basic characteristics of the normative structure of this administrative offense (object, objective aspect, subject, subjective aspect). The corpus delicti of an administrative offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses has been considered as a legal construction that combines subjective and objective features that collectively indicate the illegality of the action. It has been noted that the subjects of administrative offenses for direct contempt can be divided into general and special ones. It has been emphasized that an expert as a special subject of an administrative offense under the Art. 185-3 of the Code of Ukraine on Administrative Offenses is liable solely for the contempt of the Constitutional Court of Ukraine. Based on the conducted analysis of the scientific literature, the author has suggested definition of the concept of “proceedings in cases on administrative offenses”. It has been established that the proceedings in the case for direct contempt have their own characteristics related to the sectoral specifics of the trial, as well as the possibility of issuing a decision to impose an administrative penalty without drawing up minutes in case of admitting the guilt by a person.