Secondly, these are the norms of bylaws that clarify and specify the norms of the Administrative Code.

The proposed definition does not mention the rules – the main element of the mechanism of legal regulation, however, the concept of legal institution and regulation of administrative-tort relations does not imply anything other than the regulatory function of the rules.

Administrative-procedural norms included in the institute of proceedings on cases of administrative offenses regulate the procedure for implementing the relevant substantive norms, the procedures for their application, the process of coercive influence on the guilty through administrative penalties. In other words, they regulate a set of administrative-tort relations.

The main part of administrative-procedural norms, ie rules of proceedings in cases of administrative offenses is contained in the Code of Ukraine on Administrative Offenses. However, procedural administrative-tort relations are regulated by a large number of rules that are not included in the Administrative Code.

First, it is the specific rules of consideration of certain categories of cases established by the laws of Ukraine, which make changes to the general procedure of proceedings in cases of administrative offenses. These include, for example, the rules governing proceedings in cases of violation of customs rules contained in the Customs Code of Ukraine (Chapter 2). In particular, in Art. 121 of this Code contains a rule that establishes that proceedings in cases of violation of customs rules are carried out in accordance with the Customs Code, and in the part not regulated by it – in accordance with the legislation of Ukraine on administrative offenses.

Secondly, these are the norms of bylaws that clarify and specify the norms of the Administrative Code. Yes, in Art. 266 of the Code of Administrative Offenses states that persons who drive vehicles and for whom there are sufficient grounds to believe that they are intoxicated, are subject to removal from driving and inspection for intoxication in the manner prescribed by the Ministry of Internal Affairs, Ministry of Security Health and the Ministry of Justice.

Administrative offenses are closely linked to civil proceedings. This connection is especially clear at the stage of reviewing rulings in connection with the appeal in court of those actions of bodies and officials on the imposition of administrative penalties.

Thus, if a citizen files a complaint to the court against the decision to bring him to administrative responsibility, it is considered in accordance with the provisions of Articles 236, 237, 244-248 of the Civil Procedure Code. It is clear that this is no longer an administrative, but a civil process (proceedings in cases arising from administrative-legal relations). If the court refuses to satisfy the complaint or reduces the amount of the fine, the case is returned to the administrative process and further activities are carried out on the basis of administrative law.

Proceedings in cases of administrative offenses are closely connected with the criminal process and can be a continuation of criminal proceedings. This happens in cases where, according to the law (Article 7 of the CPC), the criminal case is terminated and the offender is brought to administrative responsibility.

The above indicates a close connection between the main procedural areas – administrative, civil and criminal proceedings.

Proceedings in cases of administrative offenses are a type of executive and administrative activity, and therefore it has general principles of governance, such as legality, democracy, publicity, broad public participation, and so on. At the same time, there are specific principles conditioned by the tasks of this activity. First of all, it is the principle of objective truth and the principle of ensuring the right to protection.

Finding out the objective truth in https://123helpme.me/write-my-lab-report/ cases is the main task of administrative proceedings. This principle obliges the officials investigating and considering cases to investigate all the circumstances and their relationships in the form in which they really existed, and on this basis to exclude a one-sided approach to the choice of decision.

The right to defense is exercised by providing the person prosecuted with the necessary legal opportunities to prove his innocence or to alleviate circumstances that mitigate his guilt. The named person enjoys broad rights at all stages of the proceedings. According to Art. 268 of the Code of Administrative Offenses, a person brought to administrative responsibility may get acquainted with all the materials of the case, give explanations, provide evidence, file motions, appeal against decisions, use legal assistance of a lawyer, etc. when considering the case.

When it comes to the right to protection, first of all we mean the person who is being prosecuted, however, another citizen who is directly interested in a fair settlement of the case, the victim, may also take part in the process. According to Art. 269 ​​of the Administrative Code, the victim is a person to whom an administrative offense caused moral, physical or property damage. If the protocol on an administrative offense indicates the victim, then from the moment of drawing up the protocol, this person acquires the procedural rights provided for in this article. As well as the person brought to administrative responsibility, the victim has the right to get acquainted with case materials, to give explanations, to declare the petition for demand of proofs, appointment of examination, andalso file a complaint.

Appealing against the actions of bodies and officials to bring to administrative responsibility is an important institution for exercising the right to protection. It is regulated by a number of articles of the Administrative Code (7, 267, 268, 281, 283, 287-289, 291-293, etc.).

The right to appeal against any actions and decisions in the case of an administrative offense is one of the most important guarantees of protection of the rights of a person, both the one who is brought to administrative responsibility and the victim. This is an effective means of ensuring legality and a basis for verifying the validity of decisions made in the case and, finally, the decision. The appeal really helps to correct mistakes as soon as possible, to identify shortcomings in the work of bodies dealing with cases of administrative offenses.

The Administrative Code does not set any requirements for the forms of complaints, the Law of Ukraine "On Citizens’ Appeals" of October 12, 1996 also does not contain rules governing this type of complaint. This fact is one of the guarantees of freedom of appeal against decisions and actions in the case of an administrative offense.

The subjects of the appeal are:

a person brought to administrative responsibility; victim, if any; their legal representatives; lawyer.

One of the most important bases of the right to protection is the presumption of charity of a citizen and its legal variant – the presumption of innocence. It consists in the fact that a person who is brought to administrative responsibility is presumed innocent until proven otherwise and recorded in the manner prescribed by law. It also follows that the burden of proof is on the accuser.

The person prosecuted is not obliged to prove his innocence, although he has the right to do so. The presumption of innocence implies the following important provision: any doubt is interpreted in favor of the person prosecuted. It refers to cases where doubts have not been resolved in the course of resolving the case. This circumstance is one of the grounds for acquittal.

It follows that the solution of the problems of administrative proceedings is carried out by means of proof, which includes the identification, procedural design and examination of evidence.

Evidence in the case of an administrative offense (Article 251 of the Administrative Code) is any factual data on the basis of which in the manner prescribed by law the body (official) establishes the presence or absence of an administrative offense, the guilt of the person in its commission and other circumstances importance for the proper resolution of the case. These data are established by the protocol on the administrative offense, the explanation of the person brought to administrative responsibility, victims, witnesses, the conclusion of the expert, material evidence, the protocol on withdrawal of things and documents, and also other documents.

The peculiarity of the evidence is that they must be obtained in the manner prescribed by law, otherwise they will not have probative value. It is a question of the order of proceedings in the case of an administrative offense provided by the Administrative Code. For example, a report recording the commission of an offense must be drawn up in some form by an authorized official or a representative of the public (Article 255 of the Code of Administrative Offenses).

The right to provide evidence is exercised by persons involved in the proceedings (the person prosecuted, the victim, legal representatives, lawyer), and other persons. Evidence may be requested by the body or official hearing the case from enterprises, institutions, organizations, officials and citizens at the request of the participants in the process or on their own initiative.

The procedure established by law for collecting and obtaining evidence is a reliable guarantee of their truth and authenticity. Violation or non-compliance with this process can only call into question the validity of the evidence and the validity of the conclusions made with their help.

From evidence as factual data should be distinguished their sources, which are a means of storing and transmitting information, the means by which it is involved in the field of administrative offenses. At the same time, it should be noted that in legal science and practice, evidence is often regarded as both the information itself and as a source of information.

Information can be considered as evidence in the presence of two conditions: first, if it contains data on the presence or absence of an administrative offense, the guilt of the person in its commission and other circumstances relevant to the proper resolution of the case; secondly, if it is obtained in the manner and from the sources provided by law.

In the scientific literature, it is common to divide evidence into primary and derivative, direct and indirect, positive and negative, accusatory and exculpatory. However, to solve the problems of administrative proceedings, the most important is their grouping depending on the source of relevant information.