K. Shkarupa COMMUNITY WORKS AS AN ADMINISTRATIVE SANCTION: THE PROBLEMS AND PROSPECTS OF ITS DEVELOPMENT

COMMUNITY WORKS AS AN ADMINISTRATIVE SANCTION: THE PROBLEMS AND PROSPECTS OF ITS DEVELOPMENT

Abstract

The article analyzes the main functions of the community works as a form of administrative punishment and identifies actual and strategic goals. The description of the problems that are most commonly encountered during applying the law in the trial, while the corresponding cases are considered, is given. The problems can be described as the improperly executed proceedings by the police officers in case of the administrative offenses.
It is proved that the significant difference between the administrative sanc-tions the «community works» and the criminal penalty the «community works» consists mainly in the grounds for imposing the penalty or punishment (if, respectively, the administrative offense or the crime are committed in accordance with the current legislation), as well as in the terms for their enforcement.
It is concluded that the community works, as other administrative penalties, are milder than the correctional works and the administrative arrest. In turn, such works are more severe in comparison with other administrative penalties (the warning, the fine, the confiscation of the tool of the offence, the confiscation of the property, as well as the deprivation of some special rights.