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Peculiarities of administrative responsibility for offenses on sea transport
Author(s) -
O. O. Kukshinova,
Yaroslav Chernysh
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.38
Subject(s) - liability , normative , commission , sea transport , business , administrative law , legal liability , water transport , law , political science , engineering , water flow , environmental engineering , international trade
The article considers the peculiarities of administrative liability for offenses on sea transport. Attention is drawn to the fact that the problem of research of administrative liability on maritime transport is not sufficiently presented in scientific papers. The research of scientists is mainly devoted to the research of the Institute of Administrative Responsibility in general and certain spheres of society, but less to administrative responsibility on maritime transport. The grounds of administrative liability for offences on maritime transport are investigated, on the basis of which attention is drawn, that for the onset of administrative liability for offenses on sea transport it is necessary to have three grounds: normative, actual and procedural. Thus, the normative basis for administrative responsibility for offenses in maritime transport is the system of administrative and legal norms, through which the following are fixed: the composition of administrative offenses on sea transport, its types and sizes of administrative charges; the circle of subjects (bodies and officials) authorized to draw up protocols on administrative offences on maritime transport and to consider cases of administrative offenses on sea transport; procedural registration of bringing to administrative responsibility for committing an offense on sea transport. The actual basis for administrative liability for offenses on maritime transport, which allows to bring a certain person to responsibility, is the commission of an administrative offense in this field. The procedural basis for administrative liability for offenses on maritime transport is the presence of a resolution in the case on an administrative offense or a document equal to it by a competent public authority or its official on the recognition of a person guilty of an administrative offense and the imposition of administrative enforcement. The study made it possible to conclude that administrative liability for offenses on maritime transport is a kind of legal responsibility, a specific form of negative response by the state in the person of its competent authorities to commit offenses on sea transport, according to which the persons who committed these offenses must incur administrative charges in the forms and order established by the law.

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