THE GENESIS OF ADMINISTRATIVE OFFENCES

Abstract

INTRODUCTION Today’s public consciousness regarding the concept of an administrative offense (misdemeanor) reflects its understanding of the stereotype that developed in Soviet times. Sociological studies conducted on this issue in 2010–2013 showed that employees of administrative services of internal Affairs bodies of district and city levels almost one hundred percent (96.75% of 1765 respondents) pointed to them as identical concepts, which are normative, fixed CAO Ukraine. Meanwhile, in the works of a number of experts, which in varying degrees concerned the issues of the essence and content of the phenomenon with the modern name “administrative offence (offense)” we find indications for a certain inconsistency of the official Soviet doctrine of administrative offences: first, research lawyers of the Russian Empire XIX – early XX centuries, and secondly, with the European administrative-legal theory and practice, third, research of the subject of administrative law and administrative legal relations in the last third of the twentieth and early twenty-first century. Overcoming the actually existing scientific and theoretical crisis in this segment of administrative law, according to V. Kolpakov, should begin with the deepening of scientific understanding of the administrative offense and administrative offense as genetically different legal categories with the subsequent formation, firstly, the doctrine of administrative (administrative) offense; secondly, the doctrine of administrative misconduct (tort) 1 .