LEGAL REGULATION OF CERTAIN ADMINISTRATIVE AND ECONOMIC SANCTIONS APPLICABLE BY CIVIL SERVICE OF UKRAINE FOR TRANSPORT SAFETY

The article is devoted to the study of the legal nature of administrative and economic sanction and administrative and economic penalty as its type and separately considered the legality of the application of this type of sanction in a separate case by the State Service of Ukraine for Transport. The scientific positions and approaches to which the type of responsibility should be studied should be studied. It has been established that the positions of scientists are mainly divergent in two directions — some attribute them to economic and legal responsibility, while others to the administrative. The practice of depositing the State Service of Ukraine for transport on the use of an administrative-economic fine to business entities carried out within the territory of Ukraine through the absence of documents containing data of the operation of the device for registration of the registration regime and recreation of drivers (tachographs). On the regulatory and legal basis for regulating the provinces of Ukraine, and the individual provisions of the Commercial Code of Ukraine, the Law of Ukraine «On Automobile Transport», the provisions on working hours and time of rest of drivers of wheeled vehicles, approved by the order of the Ministry of Transport and Communications of Ukraine № 340. From the norms of these legislation acts, it becomes clear that the audits on the availability of established tachographs and respectively documents containing data on their work on vehicles carried out internal transportation are not covered by a circle of powers of the State Service for Transport Security. It also notes that administrative courts when considering the appeal of the above-mentioned decisions took the position of the state body and misinterpret the norms of legislation, which in turn leads to the case of unfair decisions that are contrary to the requirements of legislation. It is emphasized on the need to change this false trend in order to avoid illegal interference of state authorities into economic activities of business entities.