LAW ENFORCEMENT PRACTICE AS A DISCUSSION OF NON-OBSERVANCE OF THE PROCEDURAL FORM OF ADMINISTRATIVE-DELICIT PROCEEDINGS AND VIOLATION OF THE GUARANTEE OF HUMAN RIGHTS AND FREEDOMS

Abstract

The legal system of Ukraine is at the stage of its formation and any transformational actions are a purposeful process of building and improving the system of law and legislation of Ukraine. Ukraine has all the features of the Romano-Germanic legal system and belongs to the family of countries where the main source of law is the normative legal act itself. De-spite this ambiguity, judicial precedent is actively included in legal life, the implementation of which in the legal system of Ukraine is also reflected in the norms of positive law. Regard-less of the source base of the legal system, for a sovereign, democratic, legal and social Ukraine, it is important to create conditions for observing rights and freedoms, especially in the relations of private individuals with representatives of public administration bodies re-garding the application of state coercion measures and legal responsibility, in particular ad-ministrative responsibility. Such guarantees of rights and freedoms include the procedural form of proceedings in cases of administrative offenses and documentation of administrative offenses. For the effectiveness of mechanisms guaranteeing human rights and freedoms in administrative-delict proceedings, the judicial practice of resolving disputes with subjects of public administration regarding compliance with the appropriate procedural form, as a guar-antee of the use and exercise of the rights and freedoms of participants in such proceedings, plays an important role. The article examines in detail the practice of national and interna-tional courts in the specified category of cases regarding the protection and restoration of proceedings initiated as a result of non-compliance with the legally established procedural form in cases of administrative offenses and documentation of administrative offenses of hu-man rights and freedoms. Key court decisions related to the protection and restoration of human rights and freedoms as a participant in administrative-tort proceedings are studied, as well as the issue of the application of the court-developed practice of applying the relevant procedural administrative-tort norms as a result of their interpretation under the prism of observing human rights and freedoms. Conclusions are formulated on the need for the re-ception of legal positions of judicial bodies by subjects of public administration authorized to consider cases of administrative offenses and to document administrative offenses, as well as on this basis the need to improve the procedural form for more effective protection of the rights and freedoms of participants in administrative tort proceedings.