Author(s): Volodymyr Haraschuk, Nataliya Matyukhina, Valentyna Zui, Iryna Ihnatchenko
The article focuses on the development of administrative responsibility in Ukraine in the light of changes in the model of classification of criminal violations. The emphasis is placed on the existing gaps in the mechanism of legal regulation of administrative responsibility and their analysis through the prism of the new realities of the system of legal responsibility, in which the crime is not the only criminal violation. It emphasizes the problem of the overload of the Code of Ukraine on Administrative Offenses, the presence there in a large number of “atypical” corpus delicate, which by their nature have criminal or other nature, highlights issues relating to the review of the list of types of penalties applied to persons for committing administrative offenses. A number of other issues are explored. The idea of the emergence of the necessity and at the same time favorable conditions for the revision of the expediency of the existence of compulsory jurisdiction in the framework of administrative type of legal responsibility, due to the emergence along with the traditional judicial procedure of bringing to criminal responsibility a special simplified judicial procedure for criminal offenses (according to the provisions of law and with the consent of participants in the process). On the basis of the study of the provisions of the Criminal Code and the Code of Ukraine on Administrative Offenses it grounds the thesis that the reform which changed the model of classification of criminal violations was actually conducted without taking into account all the features of the national system of legal responsibility, which does not allow to talk about its completeness. At the same time, it is underlined that the introduction of the institute of criminal offences actually contributes to the elimination of many gaps in the current legislation on administrative infractions.