To the Issue Regarding Optimization of the System of Administrative Punishments

The article has analyzed administrative punishment provided for by the Code of Ukraine on Administrative Offences (CUAO). It has been established that all punishments are interrelated and create a unified system because i) they are included in the list stipulated by Art. 24 of the CUAO according to a certain criterion which is from the easiest to the harshest one; ii) they are combined by a common goal, tasks and procedure of application; iii) sometimes they can be interchangeable. Effective system of administrative system does not fully comply with today’s needs and requires an essential overview. Particularly, the main list of administrative punishments provided for by Art. 24 of the CUAO includes more than ten administrative punishments. This list is not exhaustive, and the laws of Ukraine can establish other types of administrative offenses. Without doubts, this complicated system of administrative punishments only complicates law enforcement activity and has a negative impact on their efficiency. In our opinion, first of all those administrative punishments which are equal to criminal ones such as administrative detention, forfeiture, corrective labour should be expelled. These punishments should be applied only for criminal offense. Moreover, in most cases provided for by the CUAO forfeiture cannot be used as administrative punishment. The main reason is incompliance between the CUAO and the Civil Procedure Code of Ukraine. Such administrative punishment as corrective labour is not appropriate because it is “a fine by installments” according to its educational and legal consequences. Besides, such punishment as corrective labour is not effective because many people work seasonally or temporary or do not work at all. Taking into account a low efficiency paid seizure of an object which was a means of offense or a direct object of offense should be also expelled from punishments. The list of punishments should be supplemented with punishments for legal entities.