Administrative and procedural activities of state bodies in cases of administrative violations in the field of property rights protection

Read full text
Authors: A. Antonov
Cited by: 0

Abstract

The article is devoted to a comprehensive analysis of the administrative and procedural activities of state bodies in cases of administrative offenses in the field of property rights protection as a «dynamic cross-section» of their competence. It is shown that in today’s conditions, the effectiveness of administrative proceedings directly affects the reality of constitutional guarantees of property rights and the level of trust in public administration. The specifics of the multiplicity of subjects of administrative jurisdiction involved in the consideration of cases related to encroachments on various types of property are revealed, and the special role of the National Police as a key subject of initial response and procedural «integrator» in this sphere is characterized. The structure of proceedings in cases of administrative offenses in the property sphere and the content of the main measures to ensure proceedings are analyzed. It is substantiated that it is the initial stage of proceedings that concentrates the bulk of the police’s procedural actions and determines the further quality of the case consideration. Particular attention is paid to the institutional interaction of the National Police with the State Labor Service, fisheries protection, forestry and environmental control authorities, and tax authorities in cases under Articles 47–51-4 of the Code of Administrative Offenses. It is concluded that there is asymmetry between the scope of administrative jurisdiction of different authorities and their procedural powers, which creates risks of fragmentation of practice and «jurisdictional gaps» and necessitates further regulatory harmonization and strengthening of procedural guarantees in cases involving infringements of property rights. In addition, criteria for assessing the legality and effectiveness of administrative procedural activities in the area under review were proposed: correct classification of offenses and proportionality of administrative measures applied; exercise of powers exclusively within the limits of the competence granted; strict compliance with procedural deadlines and requirements of the Code of Administrative Offenses. The expediency of improving the organizational and legal mechanisms of the National Police and other administrative jurisdiction bodies by improving the quality of training, digitizing the procedures for recording and accounting for offenses, strengthening interagency coordination, and adapting the deadlines and procedures for considering cases to current security challenges in order to ensure the effective enforcement of property rights guarantees.

Fields of Study & Subjects

Administrative Law and Governance Ukrainian Legal and Forensic Studies Public Administration and Governance

Publication details

Journal / source
Uzhhorod National University Herald Series Law
Volume
3
Issue
92
Pages
17–28
Publication date
23 January 2026
Language
UK