ADMINISTRATIVE RESPONSIBILITY AS A TYPE OF LEGAL RESPONSIBILITY AND AN ELEMENT OF STATE COERCION

Abstract

The article is devoted to the study of administrative responsibility as one of the types of legal responsibility and an element of state coercion. It is emphasized that administrative responsibility is assigned to a person for committing an offense that is less dangerous than a crime in terms of its social harm. The appointment of such responsibility is carried out by a body or an official who is empowered with certain powers in this area in accordance with the norms of current legislation. Emphasis is placed on the fact that administrative responsibility, as a type of legal responsibility, is endowed and characterized by the features of the latter in general, which is quite natural. It was found that administrative responsibility is a kind of state coercion and its significant component. It is designed to ensure the implementation of legal norms and exists alongside other types of state coercion. In essence, administrative responsibility is a peculiar reaction of the state to the damage caused by an administrative offense, that is, a state assessment of a violation of a legal norm protected by administrative and legal sanctions. In this sense, administrative responsibility can be called the legal obligation of a person to undergo, in accordance with the norms of administrative law, the sanctions (punishments, restrictions) determined by such norms. Therefore, punishments and restrictions in the form of fines can have a moral, property, personal, and purely legal nature for the offender. It is emphasized that it is possible to say that administrative responsibility as the implementation of administrative and legal sanctions is designed to compensate for the irreversible damage caused by an administrative offense, and to become a kind of burden or punishment for the offender. The content of the key principles on which the institution of administrative responsibility is based as a significant element of the administrative law of Ukraine is revealed.