Institute of administrative responsibility in the social sphere

Abstract

The article defines the purpose of the institute of administrative responsibility in the social sphere. The subjective composition of persons who can be held administratively liable for misdemeanors that encroach on the administrative and legal mechanism for implementing the concept of the welfare state is shown. The expediency of separating legal entities as an independent entity that can be prosecuted for committing administrative offenses in the field of social protection has been proved, which is fully consistent with the practice of EU member states.

It is indicated that for the social sphere coercion has a power-administrative nature, is carried out on the basis of public law (administrative law), requires the existence of an element of state power, public administration and relevant methodological guidelines in the implementation of its competence. It is illustrated that in order to properly guarantee the implementation of the concept of the welfare state, it is necessary to talk about administrative and legal coercion, in relation to understanding the essence of which we can distinguish doctrinal positions on its perception in power, instrumental and pragmatic terms.

It is proposed to understand a fine as a type of administrative penalty in cash equivalent, which is promptly collected in the manner prescribed by the Code of Administrative Offenses and other laws of Ukraine, for administrative offenses committed to educate and punish offenders, preventing them from committing administrative offenses in the future. It was found that this is the main and independent type of administrative penalty for torts committed in the field of social protection, provision of social services. Its main properties in the relevant relationship are the preventive role and deterrent.

Criteria for distinguishing administrative and economic sanctions from penalties applied to violators of social law are proposed. It is proved that the procedure for their application is administrative, ie it has an official and public authority, and the procedure can be judicial, but again according to the rules of administrative procedure. It is established that administrative and economic sanctions have a public (administrative) legal nature and a relatively independent human rights nature, perform a protective function in terms of ensuring social justice and maintaining public order in the social sphere.