PRACTICAL PROBLEMS OF APPLICATION OF THE LIMITATION PERIOD IN ADMINISTRATIVE AND CRIMINAL PROCESSES

Abstract

Purpose: to define and outline the problem of misunderstanding and misapplication by the courts of first and appellate instances of the statute of limitation period for imposing of administrative penalty. Research methods: methodological basis of the study was a comparative method by which the author makes a meaningful definition of the concept of statute of limitation period of administrative penalties in the context of the statute of limitation period for criminal prosecution. Results: author sees the need to amend the relevant articles of the Code of Administrative Offenses, followed by bringing the case law to one position, which will be an incentive for unambiguity in law enforcement. Discussion: author proposes to comprehend the imperfection of the norms of the Code of Administrative Offenses in terms of their clear understanding. The thesis on the expediency of clarifying the norms of the Code of Administrative Offenses in terms of clearly defining the moment of imposition of an administrative penalty is discussed.

In judicial practice, according to the author, there is a fundamentally wrong position on the understanding of the moment of imposition of an administrative penalty, which, in turn, is a consequence of illegal bringing to administrative responsibility after the expiration of the term of administrative penalty determined by the code as a limitation period to administrative responsibility.

The outlined question has a purely practical application. Therefore, in order to prevent significant theorizing, the author did not refer to the theoretical work of scholars in the field of administrative law and process, and took as a basis only judicial practice with reference to the relevant rules of regulations.

The purpose of this article is a meaningful study of the concept of the expiration of the limitation period for the imposition of an administrative penalty in the context of the limitation period for criminal prosecution. At the same time, the judicial practice of bringing to administrative responsibility under Article 130 of the Code of Ukraine on Administrative Offenses on the example of one specific administrative case is taken as a basis.

Such comparative method and the subject of comparison was chosen not by chance, because the limitation period in criminal law is studied more meaningfully than in administrative law. At the same time, as the case law shows, the courts of first and appellate instances to a greater extent incorrectly apply the requirements of the law regarding the application of the expiration of the term of bringing to administrative responsibility and do not take into account the legal position of the Supreme Court.