Theoretical and legal fundamentals of administrative offences prevention Suggested

Abstract

The relevance of the research of the institute for administrative offences prevention is stipulated by the increasing trend of administrative offences, emergence of new types of administrative offences and the need to minimize possible harmful consequences for society. In view of the above, the purpose of the article was to analyse the theoretical and legal fundamentals of administrative offence prevention in order to formulate proposals for improving its legal regulation and implementation practice. The following set of methods is used in the course of the research: dogmatic, comparative, statistical, hermeneutical, systemic and functional. The composition of an administrative offence and its significance for the development of measures to prevent administrative offences are analysed. The author examines the existing doctrinal approaches to defining the essence of the terms “prevention of administrative offences” and “averting of administrative offences”, due to the lack of their clear legislative interpretation. Despite the fact that prevention of administrative offences and averting of administrative offences are aimed at ensuring compliance with the law, it is established that prevention focuses on general measures to avoid the commission of offences, while averting is aimed at specific individuals or groups of individuals in order to avoid the recurrence of administrative offences. The author identifies the absence of a unified legislative act which would enshrine the mechanism of administrative offences prevention. The author distinguishes the legal acts regulating the institution of administrative offences prevention at the legislative and subordinate levels. As a result of the analysis of the controversial aspects of the legal framework for administrative offences prevention, the author formulates proposals for improving the institute of administrative offences prevention. The practical significance of the results obtained is that the research is of a theoretical and applied nature, and its conclusions and proposals can be used in law-making to improve legislative and other regulations on legal support for the institution of administrative offences prevention, in research activities for further scientific analysis of the areas of improvement of legal regulation of administrative offences prevention, as well as in the educational process of higher education institutions during lectures and practical classes