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PECULIARITIES OF PROCEEDING ADMINISTRATIVE LIABILITY IN UKRAINE FOR FOREIGNERS AND STATELESS PERSONS

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 59)

Publication Date:

Authors : ; ; ;

Page : 11-18

Keywords : administrative responsibility; stateless person; foreigner; prosecution; legal regulation; administrative-legal status;

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Abstract

In view of the Euro-integrated and Euro-Atlantic development of Ukraine as a powerful subject of international relations and at the same time the need to strengthen Ukrainian economic capacity through foreign investments, softening of many administrative and procedural actions regarding crossing the border in the near future, lead to the need to determine the specifics of the legal regulation of administrative responsibility for towards stateless persons and foreigners. In view of the active and large-scale military operations in Ukraine, this issue is gaining deeper relevance, which is primarily related to the provision of the security component. Within the framework of the study, the categorical apparatus was analyzed based on its normative anchoring in the system of domestic legislation; the categories «foreigner» and «stateless person» are distinguished; a number of features of bringing to administrative responsibility for offenses committed by foreigners/stateless persons in our country are highlighted; an analysis of statistical data and its objectivity was carried out at the current stage, which is connected with active military operations on the territory of our state; an analysis of the relevant norms of the Code of Ukraine on Administrative Offenses, which actually regulate the procedure for bringing foreigners and stateless persons to administrative responsibility; individual procedural aspects are considered in terms of the investigated issues; the necessity of revising the currently provided amount of the fine within the analyzed articles of Chapter 15 of the Code of Administrative Offenses is substantiated. Based on the current legislation of Ukraine, it was established that foreigners and stateless persons are, in fact, special subjects of administrative responsibility. Administrative responsibility for the offenses of the specified persons is characterized by a number of features that define these persons as special subjects of administrative responsibility and administrative law in general. In general, the specified persons, based on the fact of their stay on the territory of Ukraine, bear administrative responsibility within the limits defined by the current legislation of Ukraine, the Constitution of Ukraine and international treaties. At the same time, in certain cases, the law on administrative responsibility establishes a special procedure for prosecuting foreign citizens and stateless persons.

Last modified: 2023-03-15 23:40:26