The Problem of Distinction between the Administrative Offenses and the Crimes in the Area of Public Order

  • I. Kopotun

    Doctor of Law, Professor, Vice-Rector for Academic Affairs of the Foreign Intelligence Service of Ukraine, Kyiv, Ukraine
  • M. Zholtani Researcher of the Department of Criminal Law of the Institute of Law of the Classical Private University, Zaporizhzhia, Ukraine
Keywords: public safety, public order, administrative offense, crime

Abstract

The article analyzes the problems of separation of offenses in the field of public order. The problem of distinguishing administrative offenses from crime for a long time exists both in legal science and in judicial practice. Since the proclamation of independence in Ukraine, significant positive changes have taken place in its socio-political and economic life. A number of laws and other normative legal acts were adopted that changed the competence of public authorities, resolved issues of property relations, content of rights and obligations directly related to the field of protection and protection of public order and public safety.

The legal concept of public security can be defined as the socially necessary or desired level of protection of objects that ensure the functioning of social institutions and are necessary prerequisites for normal social development. The legal system must have such mechanisms in which the recognition of a criminal act 

would not be solely depending on the legislator. In connection with this division there is a problem of delineation of criminal offenses and administrative misconduct, since it is not easy to draw a line between them. Recognition of the systemic connection of crimes and other offenses is justified by studies that find the connection of immoral acts that are close to the administrative guilty, which in turn models the composition of the crime. There are also close ties and mutual influences of individual offenses, which allows us to examine and study the causes common to all offenses

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Author Biographies

I. Kopotun

Doctor of Law, Professor, Vice-Rector for Academic Affairs of the Foreign Intelligence Service of Ukraine, Kyiv, Ukraine

M. Zholtani
Researcher of the Department of Criminal Law of the Institute of Law of the Classical Private University, Zaporizhzhia, Ukraine

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How to Cite
[1]
Kopotun, I. and Zholtani, M. 1. The Problem of Distinction between the Administrative Offenses and the Crimes in the Area of Public Order. Scientific Herald of the National Academy of Internal Affairs. 104, 3 (1), 26-33.
Issue
Vol 104 No 3 (2017)
Section
Combating crimes: theory and practice
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