SUSPENSION OF PROCEEDINGS IN ADMINISTRATIVE OFFENSE CASES UNDER MARTIAL LAW

Abstract

The issue of suspending proceedings in administrative offense cases under martial law remains relevant in the context of current changes in the Ukrainian legal environment. Given that the current Code of Ukraine on Administrative Offenses does not provide clear regulations for suspending proceedings when an individual subject to administrative liability is undergoing military service, numerous issues arise in the application of the law. This necessitates a detailed examination of the mechanisms for suspending proceedings and improving legal acts to ensure consistency in judicial practice. Methodologically, the study is based on an analysis of judicial practice related to the suspension of proceedings in administrative cases under martial law, as well as a comparison with the norms of other procedural codes, particularly the Criminal Procedure Code of Ukraine. The author employs legal analysis, comparative law methods, and case-law analysis to identify problematic aspects of applying legal norms concerning the suspension of proceedings in administrative cases. The article aims to identify the problems and challenges that arise in the application of administrative procedure norms regarding the suspension of proceedings under martial law and to explore ways to improve legislation. The main tasks of the work include studying the judicial practice on this issue, determining the legal grounds for suspending proceedings, and analyzing potential risks associated with the imperfection of procedural procedures. The key conclusions of the study are that the absence of clear provisions in the Code of Ukraine on Administrative Offenses regarding the suspension of proceedings under martial law leads to inconsistent application of legal norms by judges, resulting in issues with determining the sufficiency of evidence and the potential for abuse of procedural rights. It is proposed to amend the Code of Ukraine on Administrative Offenses to clearly define the grounds and procedures for suspending proceedings in administrative offense cases, as well as to ensure proper control over such decisions. Further research should focus on determining the legal consequences of the expiration of the term for imposing administrative sanctions during the suspension of proceedings and improving mechanisms for controlling these processes.