The thesis is the first complex scientific research in Ukraine of the institute of administrative responsibility of state authorities to outline the administrative and legal concept of the realization of mechanism institute of administrative responsibility of state authorities with the use of modern methods of scientific knowledge, taking into account achievements of legal science, regulation in this field, and formulated scientifically sound conclusions and scientific and practical recommendations for improving the institute of administrative responsibility of state authorities.
The thesis formulates the author’s definition of «public legal entities» as a as a public authority body or official of any level, which is endowed with power or political authority or performs (permanently or temporarily) public authority or political functions, acts on the grounds and in the manner, defined by the Constitution of Ukraine and the laws of Ukraine and has an administrative and legal status. Thus, the criteria for determining the state bodies were summarized and a definition was formulated, which will reflect the main tasks of the public service of Ukraine, as well as reflect the real state of regulation of administrative responsibility for administrative offenses.
In the thesis the author offers an approach according to which the relations formed in the process of bringing public legal officials to administrative responsibility constitute the institute of law within the system of administrative law of Ukraine, substantiating such hypothesis by the specific status of subjects of investigated administrative offenses, which forms the basis for the implementation of a special reaction of the state to such illegal actions of these subjects and increased interest in avoiding the occurrence of negative consequences. The institute of administrative responsibility of public legal entities is defined in the study as one that is the legal basis for the implementation of the enshrined process of application of coercive measures of coercive influence, which are expressed in the imposition on the public legal official of administrative penalties (penalties) for its administrative an offense provided for by administrative tort law.
The thesis research analyzes the connection between administrative responsibility of the state authorities with other types of responsibility and the following conclusions where reached:
- all types of responsibility, the subjects of which may be public legal entities, are united by a special procedure for qualifying illegal acts, as well as the heighted interest of the state and society in the further prevention of offenses by public legal entities, and therefore the nature of the responsibility of such entities is public;
- political responsibility of public legal entities is an auxiliary tool for the formation of their lawful behavior and is aimed at further ensuring the exercise of powers by such entities, however, is mostly characterized by moral sanctions, which within administrative tort forms take the form of sanctions such as «deprivation of the right to hold certain positions or engage in certain activities»;
- constitutional responsibility of public legal entities is the main vector for improving the institution of administrative responsibility, as the provisions of the Constitution provide general principles of responsibility in the state, and separate sections determine their constitutional status. Administrative responsibility is a tool for implementing the principles of constitutional responsibility of public legal entities;
- the historical connection of criminal law and norms that provide for administrative responsibility, influenced the formation of the institution of administrative responsibility of public legal entities, which is manifested in approaches to determining the purpose of administrative responsibility, forms of guilt, the consequences of administrative offenses, but the practical importance of administrative tort is the basis for the separation into a separate group of legal relations that regulate the responsibility of public legal entities;
- the connection between disciplinary and administrative responsibility of public legal entities deserves special attention, which consists in the specific nature of the activity of the studied category of entities, their legal status, and the special procedure for acquiring power or political powers. The study pays special attention to the substitution of material responsibility of public entities;
- the model of civil responsibility of public legal entities can be exemplary for integration into the institution of administrative responsibility in the context of adopting the mechanism of compensation to individuals because of illegal actions of public legal entities.
