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STANDARDS OF PROOF ACCORDING TO THE CODE OF UKRAINE ON ADMINISTRATIVE OFFENSES

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 69)

Publication Date:

Authors : ; ;

Page : 49-53

Keywords : evidence; proving; evidence evaluation criteria; propriety; admissibility;

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Abstract

Introduction. Today, a transformation of social relations is taking place in Ukraine, which requires the appropriate systematization of administrative legislation, the introduction of changes and the adoption of a new Code, just as the current legislation is characterized by a large amount of normative and legal material that does not fully correspond to modern problems. This also applies to one of the most relevant components of the administrative process of Ukraine — the part of evidence and proof. At this stage, this issue remains quite debatable, due to the significant variability of approaches and the lack of a unified concept. Attention is drawn to certain gaps in the legislation that require new understanding and interpretation. Purpose. The purpose of this article is an analysis and a more in-depth, comprehensive study of this issue, by comparing and contrasting administrative legislation with the specifics of criminal legislation, as well as making proposals for supplementing the Code of Administrative Offenses with relevant norms. Namely, to implement certain provisions of the Criminal Procedure Code to the Code of Administrative Offenses in terms of evaluating evidence, requirements that evidence must meet for the proper administration of justice and for the analysis of information about certain events, actions or conditions. After all, in law enforcement activities, each piece of evidence must have a certain set of features, thanks to which it will have probative value. To achieve this goal, it is necessary to study important problems of the theory and practice of proof, to comprehensively study and improve the existing and develop new methods and tools. Materials and methods. The research materials in this article are legal mechanisms that regulate a separate institution of evidence and proof, which is a system of relatively separate and interconnected legal norms. The methodological basis of the research was made up of generalizing, comparative methods that help the authors to reveal problematic issues and find the possibility of their solution. Results. The scientific article highlights the shortcomings of the system of evidence and proof under the Code of Criminal Procedure. An analysis of certain provisions of the Code of Administrative Offenses was carried out and the need to improve and specify them was determined. The proposed changes will eliminate imperfections in the assessment of evidence in the process of consideration of administrative offense cases. Discussion. So the authors propose to reflect on the imperfection and limitation of the current norms of the Code of Administrative Offenses. The opinion about the need to clarify the norms of the Code of Administrative Offenses and their compliance with the established principles and rules of the current legislation of Ukraine is substantiated, which will further improve the quality of consideration and resolution of administrative cases.

Last modified: 2023-12-28 19:19:42