Sources of administrative tort law of Ukraine: formation and current state

Abstract

It is determined that administrative tort law, being a sub-branch of administrative law, performs similar functions, taking into account the subject of legal regulation and relations related to bringing to administrative responsibility. The functions of sources of administrative tort law include the following: protective, regulatory, educational, cognitive, restorative, ideological, legal conflict resolution, political.

Based on the provisions of the Constitution of Ukraine, it is concluded that the sources of administrative tort law all the legal acts that determine the rights and obligations of the subjects for violation of which provides administrative liability, can not be attributed. It is determined that only laws can be sources of administrative tort law, they determine the grounds, content and procedures of administrative liability. However, it is noted that a number of bylaws regulate relations related to administrative liability. The list of normative-legal acts containing the norms used at bringing to administrative responsibility is defined.

The types of sources of administrative tort law are identified. The main stages of codification of the history of development of domestic administrative tort law are given. The main directions of reforming the institution of administrative responsibility in Ukraine with regard to the formation of administrative tort law in Ukraine are identified. The issue of bringing a legal entity to administrative responsibility is raised.

It is determined that codified sources of administrative tort law need to be developed. Based on the main sources of administrative law of the European Union, the direction of development of codified sources of administrative tort law of Ukraine is determined.