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LEGAL DESCRIPTION OF ADMINISTRATIVE RESPONSIBILITY FOR INFORMATION VIOLATIONS IN THE SPHERE OF ACTIVITIES OF EXECUTIVE AUTHORITIES

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 49)

Publication Date:

Authors : ;

Page : 25-34

Keywords : administrative responsibility; administrative information offense; executive authorities; offenses; information;

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Abstract

The article considers the conceptual legal basis of administrative liability for information offenses in the field of executive authorities to assess the prospects for the development of administrative tort law of Ukraine. An analysis of the composition of administrative offenses related to the formation, dissemination, use and protection of information resources of executive authorities, based on the results of which it is proposed to combine all these offenses in one chapter of the Code of Administrative Offenses entitled «Administrative offenses in the field of information». on the structure of the entire code, will unify the terminology used in the Code of Administrative Offenses, unambiguously interpret the disputed rules. Based on the analysis of the norms of the Administrative Code, the presence of ambiguous use of the conceptual and categorical apparatus by the legislator in the articles of the Administrative Code has been determined. Ambiguous use of the categories «data», «information», «information» negatively affects their use in law enforcement, promotes abuse and encourages corruption. To address these shortcomings, it is proposed to amend the relevant articles of the Code of Administrative Offenses, based on the concepts of «information» and «inaccurate information». The position that the subjects of administrative offenses in Ukraine are both individuals and legal entities is substantiated. Due to the lack of legislative enshrinement of administrative liability of legal entities, it is proposed to enshrine in the current Code of Administrative Offenses a rule that would provide for administrative liability of legal entities for offenses in the information sphere and develop a mechanism to bring them to administrative responsibility.

Last modified: 2022-06-24 21:28:17