PRINCIPLES OF QUALIFICATION OF ADMINISTRATIVE OFFENSES

convocato secondo la regola del Chan. 166, salvo nel caso in cui si tratti solo di chiedere una consulenza, altrimenti non sarà previsto dal diritto particolare o privato. Se è stabilito dalla legge che per la commissione di un atto, l'abate ha bisogno del consenso o della consulenza di determinate persone, allora: 1 se è richiesto il consenso, l'atto dell'abate che non ha cercato il consenso di queste persone o ha agito in contrasto con l'opinione espressa da loro o da qualcuno di cui non è valido. Tutti coloro che richiedono il consenso o la consulenza sono tenuti ad esprimere sinceramente la propria opinione e, se l'importanza del caso lo richiede, a mantenere rigorosamente un segreto, e l'abate può richiedere l'adempimento di tale obbligo. A Caen. 300 del Codice dice: nessuna associazione può appropriarsi del titolo di "Cattolico" se non vi è consenso dell'autorità della chiesa plenipotenziaria secondo la norma del can. 312. Pertanto, il Codice di Diritto Canonico della Chiesa Cattolica Romana contiene importanti standard di coordinamento.


PRINCIPLES OF QUALIFICATION OF ADMINISTRATIVE OFFENSES
Volodymyr Ivantsov PhD in Law, associate professor, postdoctoral student of the Department for the Organization of Educational and Scientific Training Kharkiv National University of Internal Affairs

UKRAINE
The basis of the qualification process of any administrative offense, whether it's an offense-like act similar to petty hooliganism, bringing a minor intoxicated or fortunetelling in public places, should be the main provisions of a dogmatic nature, which the qualification subject should be guided by during the qualification of an administrative offense.
The principles of administrative qualification are not currently enshrined either in administrative law or in the theory of administrative qualification. Therefore, we consider it necessary to offer our vision of the concept of "principles of administrative legal qualification" and define them as guidelines, principles and requirements that characterize the content of qualification of administrative offenses and are mandatory for subjects to comply with administrative and jurisdictional powers.
However, а detailed analysis of the current regulatory legal acts, in particular, the norms of the Constitution of Ukraine [1] and administrative legislation (Code of Ukraine on Administrative Offenses [2], Code of Administrative Procedure of Ukraine [3]) of certain provisions of international legal acts that have been ratified by the Verkhovna Rada of Ukraine, and general principles of administrative law as a branch of law allowed us to propose a system of principles of administrative qualification. Such a system can include the following principles.
1. The principle of legality is that all information about an administrative offense, including reporting or obtaining evidence and information in another way, for example, in the process of patrolling, must be obtained exclusively by law. Otherwise, it cannot be taken into account when qualifying an administrative offense. The principle of legality also requires mandatory consideration of circumstances in which administrative liability is excluded. According to Part 2 of Art. 58 of the Constitution of Ukraine: no one can be responsible for acts that at the time of their commission were not recognized by law as an offense [1].
2. The principle of equality of citizens before the law and the body (official making the qualification of an administrative offense) follows from parts 1 and 2 of Art. 24 of the Constitution of Ukraine: citizens have equal constitutional rights and freedoms and are equal before the law. There can be no privileges or restrictions on the grounds of race, color, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, linguistic or other grounds [1].
3. The principle of publicity of the qualification of an administrative offense is that the authorized bodies (officials) implement it officially, on behalf of the state. Only such qualifications will lead to legal consequences.
4. The principle of objectivity of the qualification of an administrative offense excludes the subjective assessment of the authorized body (official) that carries it out. When conducting qualifications, it is necessary to be guided solely by information about the circumstances of the case obtained in compliance with the principle of legality.
5. The principle of exhaustibility guarantees the qualification of an administrative offense under such a legal norm within the framework of the Code of Ukraine on Administrative Offenses will finally describe its composition, with the obligatory condition of reference to the relevant part, paragraph, subparagraph of the applied article.
6. The principle of personalization requires the subject of qualification to conduct it, taking into account the features and individual characteristics of both each administrative tort and each personality of the offender, existing at the time of the administrative offense and in the implementation of administrative-legal qualifications.
7. The principle of completeness of qualifications ensures the need to take into account all, without exception, acts that a person committed. The application of which selective approach or qualification of a separate part of the committed acts is unacceptable.
8. The principle of resolving disputes in favor of a person whose actions qualify is directly enshrined in part 3 of article 62 of the Constitution of Ukraine, according . to which evidence obtained illegally cannot form the basis of the charge, as well as the assumption [1.1.1].
9. The principle of the inadmissibility of a double charge of an administrative offense follows from Art. 61 of the Constitution of Ukraine: no one can be prosecuted twice for the same offense of the same type [1].
10. The principle of the immutability of qualifications protects against its arbitrary (unreasonable, unfounded) change. The grounds under which a change in qualification is allowed are: 1) the implementation of an error in qualification, which became a factor that led to incorrect qualifications; 2) changes in the circumstances of the case: the emergence of new or invalidation already established; 3) exposing the fact of knowingly incorrect qualifications, that is, the fact of abuse of a person who has been granted the right by the state to qualify administrative offenses in the field of public order and public safety.
11. The principle of professionalism is closely intertwined with the principle of publicity. The entities that carry out the qualification must have sufficient theoretical knowledge and professional skills for its implementation, since the legal consequences of conducting an official qualification in any case affect a person through the imposition of an administrative penalty for the offense. In addition, it is necessary to create an appropriate theoretical base in the form of methodological advice, clarifications, letters, etc., which will orient officials towards the implementation of the right qualifications and explain how to correctly resolve disputes in the qualification of administrative offenses in the field of public order and public safety.
Thus, the main principles of qualification of administrative offenses are legality, equality of citizens before the law, publicity, objectivity, exhaustibility, personalization completeness of administrative qualifications, resolving disputes in favor of the person whose actions are qualified, the inadmissibility of a double charge of an administrative offense, immutability, professionalism.
The definition of the principles of administrative legal qualification, without exaggeration, plays a large role, since they not only form the basis for the development of rules for the search for the relevant norms of administrative law to be applied, but also are embodied in the strict qualification requirements of administrative offenses, deviation from which entails going beyond limits of the legal field. In the practical activities of the police, the observance of these principles will ensure the development of an algorithm for the actions of an official during the administrative-legal qualification, will reduce the number of cases of incorrect qualification of administrative offenses, and thus strengthen the rule of law in the state.