Lecture 7. Bases of administrative law of ukraine plan

1. Concept of administrative law of Ukraine and administrative legal relations. Sources of administrative law of Ukraine.

2. Concept, attributes and composition of administrative misconduct.

3. Concept of administrative responsibility, types of administrative penalties.

4. Types of administrative penalties for minors.

5. Bodies of state power and public officers (servants), who have plenary power to decide cases about administrative offences.

1. Concept of administrative law of Ukraine and administrative legal relations. Sources of administrative law of Ukraine.

Administrative law is a field of law, which regulates relations, which arise up in the process of executive-regulation activity of the state and when bodies of state power realize administrative functions (management). The objects of administrative law are legal relations of management.

Administrative legal relations are public relations in the sphere of state administration, the participants of which have rights and duties, which are regulated by rules of administrative law.

The subjects of administrative legal relations are: bodies of state power (legislative, executive and judicial power, public prosecutor’s office, administration of state enterprises and establishments); structural subdivisions of bodies of state power, public officers (servants) of bodies of state power; proprietor (representative, manager, authorized proprietor); association of citizens, cooperative, bodies of local self-government, organizations; citizens of Ukraine, foreign citizens, persons without citizenship.

The subjects of administrative legal relations must have legal capacity and legal capability.

Bodies of state power, which carry out executive-regulation activity have concrete plenary powers, character and volume of which are depend on the competence of concrete body of state power.

The administrative legal capacity of body of state power (public officer) depends on the volume of the competence of such body of state power (public officer).

The administrative legal capacity of public officer (servant) is determined by his plenary powers, which is shown in a law or other legal acts.

The sources of administrative law are: Constitution of Ukraine, Laws and decisions of Verkhovna Rada of Ukraine, acts of President of Ukraine, decision and order of Cabinet of Ministers of Ukraine, ministries and departments, and also acts of heads of enterprises, representative bodies of state power and local self-government.

Administrative law determines the concept of administrative offence and administrative responsibility. There is the Code of Ukraine of administrative offences (date of Entry into Force December, 7, 1984). The Code of Ukraine of administrative offences consists of General and Special parts.

The Code consists of five chapters:

Chapter 1. General positions.

Chapter 2. Administrative offences and administrative responsibility.

Chapter 3. Bodies of state power and public officers (servants), who have plenary power to decide cases about administrative offences.

Chapter 4. Proceeding in cases about administrative offences.

Chapter 5. Implementation of decisions about administrative penalties.