Principles of Administrative Liability for Offenses in the Field of Privatization
Abstract
Abstract. The presence of our state in extremely difficult conditions today, which are caused by the introduction of martial law and active hostilities in part of its territories, creates opportunities for illegal actions, including administrative offenses in the field of privatization. Therefore, the necessity of researching administrative responsibility in the field of privatization has become ripe. In the theory of administrative law, the phenomenon of administrative responsibility is multifaceted, so in order to understand its essence, it is necessary to focus on the study of the principles of administrative responsibility. The purpose of this work is to study the principles of administrative responsibility in the field of privatization in Ukraine. Philosophical, general scientific and specific legal methods were used to achieve the goal. In particular, the following methods: dialectical, metaphysical, induction and deduction, comparison, analysis, synthesis, formal-legal, legal analysis and others. As a result of the study, the dictionary interpretation of the term "principle" was considered, as well as the peculiarities of the principles of legal responsibility and specific features of administrative responsibility were outlined. In addition, attention is focused on the importance of quality implementation of state policy in the sphere of privatization, because the fullness of budgets at all levels depends on it. The principles of privatization in Ukraine and individual countries of the world were considered and their author's analysis was made. The author proved that the principles of administrative responsibility in the field of privatization have not yet been defined in the theory of administrative law. Therefore, on the basis of the synthesis of the processed sources and generalizations, the author's definition of them is proposed, namely, as the main principles and ideas that formed the basis of administrative responsibility, taking into account the specifics of the policy of privatization processes and phenomena. These principles were reasonably attributed to: rule of law; legality; expediency; reasonableness; inevitability; timeliness; justice; humanism; individualization of enforcement; conformity of guilt and recovery, non-observance of obligatory conditions of privatization, etc. The author's generalizations are made regarding the expediency, effectiveness and necessity of distinguishing the principles of administrative responsibility in the sphere of privatization. It is proved that the principles are the basis of the phenomenon under study.
Keywords: principles of administrative responsibility; offenses in the field of privatization; basic principles; state economy; research on privatization.
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References
Abdeldayem, M.M., & Al Dulaimi, S.H. (2022). Public sector reform in emerging economies: Does privatization matter? Human Systems Management, 41(1), 73-85. doi: 10.3233/HSM-211204.
Belevtseva, V.V. (2012). On administrative responsibility for violation of the requirements and rules of the information legislation of Ukraine: concepts and types. Legal informatics, 3(35), 29-33.
Block, WE. (2019). Property Rights: The Argument for Privatization. doi: 10.1007/978-3-030-28353-7.
Dictionary of the Ukrainian language (1976). (Vol. 7). Retrieved from http://sum.in.ua/s/pryncyp.
Grasten, M., & Uberti, L. (2017). The politics of law in a post-conflict UN protectorate: privatization and property rights in Kosovo (1999-2008). Journal of International Relations and Development, 20(1), 162-189. doi: 10.1057/jird.2015.4.
He, J., Kebede, B., Martin, A., & Gross-Camp, N. (2020). Privatization or communalization: A multi-level analysis of changes in forest property regimes in China. Ecological Economics, 174, 106629. doi: 10.1016/j.ecolecon.2020.106629.
Khlivnyi, V.O. (2001). Mechanisms of activation of entrepreneurship development under the influence of small privatization (on the example of small enterprises of Crimea) (Doctoral thesis, Kyiv, Ukraine).
Kolodii, A.M. (2012). Principles of law: genesis, concept, classification and implementation. Law Almanac, 3, 42-46. Retrieved from http://dspace.nbuv.gov.ua/bitstream/handle/123456789/63807/08-Kolodiy.pdf?sequence=1.
Konieva, I.V. (2019). Privatization as a means of optimizing the state sector of the economy. Academic notes of TNU named after V.I. Vernadskyi, 30(69), 5, 157-163. doi: 10.32838/2707-0581/2019.5/27.
Kononenko, Yu.V. (2013). Principles of administrative responsibility for violation of the right to a fair trial in Ukraine. Scientific notes of the Institute of Legislation of the Verkhovna Rada of Ukraine, 3, 82-83.
Koziubra, E. (Eds.). (2015). General theory of law. Kyiv: Vaite.
Kurzępa, B. (2019). Basic Principles of Administrative Responsibility for Violation of the Provisions on Road Transport. In CLC 2018 - Carpathian Logistics Congress: Proceedings of the conference were published in Web of Science (pp. 293-299). Wellness Hotel Step, Prague, Czech Republic.
Lanteri, S., Barcos, M.F., & Serrano Jiménez, L. (2020). Pluralismo de derechos de propiedad y privatización en tierras del común en las épocas moderna y contemporánea. América y España en perspectiva comparada. Anuario IEHS, 35(1), 123-134. Retrieved from https://www.memoria.fahce.unlp.edu.ar/art_revistas/pr.15698/pr.15698.pdf.
Naseri, A., Gholipour, R., Mashayekhi, B. (2018). Iranʼs Privatization Policy Analysis Based on Good Corporate Governance Principles. In Sustainability and Social Responsibility: Regulation and Reporting (pp. 369-390). doi: 10.1007/978-981-10-4502-8_15.
Paryzkyi, I.V., Ivanchov, P.V., & Antonova, O.M. (2021). Privatization in Ukraine as a Deterrent to the Innovative Development of the National Economy. Studies of Applied Economics, 39(5). doi: 10.25115/eea.v39i5.4964.
Podoliako, H.V. (2005). Mechanism of state regulation of privatization in Ukraine (Doctoral thesis, Kyiv, Ukraine).
Potip, M.M. (2019). The state of scientific development of the problem of administrative and legal foundations of public administration in the sphere of privatization in Ukraine. Academic notes of Tavri National University named after V.I. Vernadskyi, 30(69), 5, 164-170. doi: 10.32838/2707-0581/2019.5/28.
Rozhon, O.H. (2019). Dispersal of O.H. General characteristics of administrative and legal relations in the field of small privatization. Legal position, 1(22), 51-58. doi: 10.32836/2521-6473-2019-1-51-58.
Rozputenko, I.V. (2013). Public administration deficit: ideals and privatization. Statistics of Ukraine, 3, 65-69. Retrieved from http://nbuv.gov.ua/UJRN/su_2013_3_14.
Siegel, D. (2021). Privatization without Capitalism: The Social Relations of Property in Post-Communist Transitions. Polity, 53(1), 6-40. doi: 10.1086/711646.
Tymoshchyk, L. (2021). Fiscal Impact of Property Valuation in the Rivatization Process: the Case of Ukraine. International Review, 1-2, 89-97.
Uddin, M.S., & Ahmed, Z. (2021). Privatization policy, entrepreneurship, and economic development: the dynamics in Bangladesh economy. Journal of Global Entrepreneurship Research, 11(1), 329-336. doi: 10.1007/s40497-021-00288-9.
Vasyliev, V.M. (2019). The place and role of the public in the mechanism of combating offenses in the field of business activity. Private and public law, 1, 62-67.
Wu, F. (2018). Housing privatization and the return of the state: changing governance in China. Urban geography, 39(8), 1177-1194. doi: 10.1080/02723638.2018.1440126.
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