Criteria of efficiency of administrative-delict norms
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 1, Issue 1
Abstract
In the article the question on necessity of improvement of administrative-delict legislation, primarily through the development of effective criteria for determining the effectiveness of its norms. The reasons that hinder its effective implementation, including the obsolescence of many of its norms, the poor effectiveness of their implementation, the mismatch of a significant part covered by the Code of Ukraine on administrative offences of misconduct realities, there are many cases of erroneous qualification of administrative offences, numerous citizens: complaints on decisions, actions (inaction) of officials of subjects of administrative jurisdiction and the like. Define the concept of the effectiveness of administrative-tort norms, as well as the main criteria of its effectiveness, including: a clear definition of the purpose of the adoption of administrative-tort norms; completeness of reflection in the norm of administrative law features of modern delictological situation; predict − how effective will the proposed rule or norm that is projected; the timing of implementation the purpose of making regulations; consideration when making regulations the economic, political, ideological and other social processes occurring in society; the timeliness and completeness of application norms; compliance administrative penalty of public danger of the offence; observance of legality in the application of standards; the comparison of the results of the application of the rules with their direct purpose; a systematic approach to improving the effectiveness of regulations in preventing administrative Delta; maximum use of all enshrined in the law of means and methods to fully achieve the goals in the practice of law, the ability of the means to contribute to the achievement of the desired goal; the optimality, feasibil-ity and impact of standards.
Authors and Affiliations
Andriy Sobakar, Myroslav Kovaliv
Keywords
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