Abstract | The legislation on administrative responsibility establishes a special mechanism for the prevention of administrative offenses by introducing a submission on the elimination of the causes of administrative offenses and the conditions for their commission. The relevance of scientific understanding of this mechanism and assessing its relationship with other administrative-law preventive measures is dictated by the planned reform of administrative legislation, as well as by the fact that some issues related to the implementation of this mechanism have not been unambiguously resolved in statutes, law enforcement practice and doctrine.
The purpose of the study, accordingly, is to identify regulatory and law enforcement problems of the mechanism of the prevention of administrative offenses in order to determine the prospects for its improvement (taking among other determinants into account the reform of control and supervisory activities). The objectives of the study include: analysis of the provisions of legislation defining the procedure for making the specified submission and its content; study of the relevant law enforcement practice; determination of the place of the mechanism under consideration in the system of measures to prevent violations of mandatory requirements.
Research methods: general scientific (analysis, synthesis, system method) and special (formal legal, comparative legal) methods. Much attention was paid to the analysis of the approaches developed in law enforcement practice, which are illustrated by specific examples.
The conducted research has demonstrated that the mechanism for the prevention of administrative offenses provided for by the legislation on administrative responsibility is characterized by noticeable defects (uncertainty of the content of the submission, arbitrary choice of its addressees, etc.), which are generated by imperfect statutory regulation, contradictory law enforcement practice, as well as the lack of the necessary theoretical basis. In terms of assessing compliance with mandatory requirements, this mechanism essentially competes with preventive measures enshrined in the control and supervisory regulation. In this regard, in order to optimize the system of administrative enforcement measures, it is proposed to exclude the possibility of introducing a submission on the elimination of the causes of an administrative offense and the conditions for its commission to persons whose activities are evaluated within the framework of control and supervisory activity.
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