Scientific Journal of the National Academy of Internal Affairs

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Vol. 24, No. 4, 2019
  • administrative responsibility, sphere of construction, violation of building codes, the objective side, administrative proceedings, composition of an administrative offense
  • https://doi.org/10.33270/01191134.97
  • Pages 97-103

The purpose of the article is to analyze the current practice of resolving administrative proceedings concerning the prosecution of offenses under Article 96 of the Code of Administrative Offenses of Ukraine, namely for violations of the requirements of legislation, building codes, standards and rules during construction. The statistical data and the case law concerning the investigation of the category of administrative offenses are analyzed, the key forms of the objective side are highlighted, the classification of the most common types of violations occurring during the issuance and appeal of administrative offenses are proposed. The scientific novelty of the article is that it explores in detail the peculiarities of bringing to administrative responsibility precisely under Art. 96 of the Code of Administrative Offenses of Ukraine and parts thereof, as the vast majority of studies address the issue of administrative liability in the context of Chapter 8 of the Code of Administrative Offenses of Administrative Offenses in Construction, or in the context of a general investigation of offenses in the field of construction, violations of legislation construction activities, etc., ie encompassing Art. 96 of the Code of Administrative Offenses of Ukraine is only “tangible” in relation to the research topic. In addition, suggestions were made regarding the classification of the objective side of the investigated administrative offense. According to the results of the conducted research, conclusions were formulated and proposals were made on reforming the structural divisions of the State architectural and construction inspection, establishing qualification requirements for officials, delimiting the area of their activity and responsibility

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