Social and Legal Studios

Abstract

The focus is paid to the provision of the guarantees of human rights and freedoms in proceedings on administrative offenses. The problem of the existence of an effective mechanism for the protection of the rights of citizens and legal entities in the process of applying to them administrative coercion, including administrative penalties, is being considered in the article. The role of the Commissioner on human rights in providing guarantees of human and civil rights and freedoms is Verkhovna Rada of Ukraine is revealed. The best guarantee of the observance of the rights and freedoms of both citizens and legal entities during administrative proceedings is the high level of professionalism of officials of state bodies of all levels, an objective and individual approach to the solution of each case, thorough study of materials and a comprehensive analysis of the circumstances of the case. At the same time, an official who is a representative of a body authorized to consider cases of administrative offense is only a person; therefore, the so-called human factor and the absence of ideal conditions for professional activity should be taken into consideration. So, along with this, there is a need for other guarantees. They are manifested in the right to appeal decisions and actions of state authorities, in administrative, judicial and parliamentary state control. The existing system of guarantees, even with their imperfections, is quite important. Since, on the one hand, it warns authorized persons and state bodies against actions that contradict the rules of the law, stimulate the growth of legal awareness and professionalism, and, on the other hand, guarantee the persons, for whom administrative proceedings are carried out, objectivity and impartiality of the decision on the case

Keywords: human rights and freedoms, guarantee, administrative responsibility, administrative proceedings, administrative penalty

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