Problems and ways of optimization of implementation of administrative penalty in the form of socially useful works

Abstract

The article pays attention to the problems of application of administrative penalty in the form of socially useful works, introduced to repay the existing arrears of alimony. In particular, the problematic issues that arise during the organization of the execution of court decisions are considered.

The characteristic of a modern condition of proceedings on execution of resolutions on application of socially useful works is given, and also the circumstances which actually make impossible achievement of the purpose of the administrative responsibility provided by Art. 23 of the Code of Ukraine on Administrative Offenses.

It is established that a more effective mechanism to stimulate the repayment of existing arrears of alimony will be the introduction of a special ground for release from administrative liability of the guilty person in the case of voluntary payment of existing arrears.

Taking into account the results of the study of the practice, amendments to the current legislation are proposed to improve the implementation of regulations in cases of administrative offenses.

In particular, it is advisable to amend Art. 303 of the Code of Ukraine on Administrative Offenses, which consist in supplementing the article with a paragraph that will provide for exemption from serving an administrative penalty if the court decision has not been executed within one year from the date of entry into force.

In addition, it is necessary to enshrine other forms of evasion of violators from serving the administrative penalty imposed on them by the court in the form of community service by amending Art. 183-2 of the Code of Ukraine on Administrative Offenses.