Administrative Detention: Compliance of the Code of Ukraine on Administrative Offenses with Social Needs and the Current State of Keeping Human Rights and Freedoms

• Published in: Вісник Харківського національного університету внутрішніх справ Vol. 89; no. 2; pp. 198 - 210
• Main Author: Sambor, M. A.
• Format: Journal Article
• Language: English; Ukrainian
• Published: Kharkiv National University of Internal Affairs 26.06.2020
• Subjects: an administrative offense; detention; human rights and freedoms; measures of ensuring proceedings
• ISSN: 1999-5717; 2617-278X
• DOI: 10.32631/v.2020.2.19

The author has studied administrative detention as a measure to ensure proceedings in cases on administrative offenses, its use in documenting administrative offenses and interdependent measures, as well as the use of data obtained as evidence in proceedings in cases on administrative offenses. One of the effective means of ensuring proceedings in cases on administrative offenses, termination and documentation of administrative offenses is administrative detention, which restricts a number of human rights and freedoms. Administrative detention also essentially occurs, when a person is forced to stay with the authorized person at the crime scene while drawing up a report on administrative offenses or making a decision, because this person can not leave the place without the permission of the authorized official and move in accordance with the chosen route. It is alleged that administrative detention creates additional guarantees for the rights and freedoms of a person, who is subject to administrative liability, and whose right to freedom of movement and personal inviolability is limited. We are confident that the offered amendments to the legislation will help to build the sphere of administrative and tort law and its institutions, which will have a positive impact on the legal system and legislation of independent Ukraine, raise the prestige of its legal system in the world and serve as a convincing argument for citizens for the possibility to be the victim of the arbitrariness of authoritative agencies.