Implementation of a protective function of administrative law

Abstract

The article is devoted to the problem of determination and implementation of a protective function of administrative law. It has been pointed out that the change of understanding of the subject of administrative law changed the vision of its functions essence, legal acts that regulate administrative and legal relations, but did not ensure the effective implementation of functions of the investigated field of law.

The author made the research and suggested her own author’s definition of “implementation of the protective function of administrative law.” It has been pointed out that the protective function of administrative law operates continuously while administrative law and regulated by it legal relations exist, but the nature of its implementation may vary depending on behavior of subjects of administrative legal relations. It has been concluded that understanding of the implementation of the protective function of administrative law solely as enforcement activity due to violation of regulative rules is incomplete. The author believes that the implementation of this function should be understood as a phenomenon that consists of determination of measures of legal liability for administrative offences on the level of legislation, determination and effectiveness of law enforcement activity to bring offenders to administrative liability.

The author analyzed the implementation of general and social functions by protective norms of administrative law. It has been concluded that protective norms of administrative law make their societal influence, id est perform informative,  educational, evaluative and orientational functions.

Also, the practical problem of the mentioned above function of administrative law implementation has been discovered on the example of the legislation of Ukraine. Evidence of a gap presence in legal understanding of the proper legislative act implementation by departments of National Police of Ukraine considering requests about administrative offences has been given. It has been concluded that there are general and special regimes to consider citizens’ appeals in Ukraine. The general procedure is based on the Law of Ukraine “On citizens’ appeals”, and the special is based on sectoral legal acts that detail a procedure for bringing offenders to legal liability. The general regime to appeal implements the constitutional right of citizens to address petitions, but it does not mean that this procedure replaces the procedure of administrative offences requests that has to be made in accordance with the Code of Ukraine about Administrative Offences.

Also, the possible way to solve this problem has been suggested by amending the present Code of Ukraine about Administrative Offences. This proposition may be the additional guarantee of citizens’ rights and freedoms protection and ensure the effective implementation of the protective function of administrative law.