DOCTRINAL APPROACHES TO UNDERSTANDING ADMINISTRATIVE AND LEGAL MEASURES TO PREVENT OFFENSES IN THE FIELD OF CONSTRUCTION

Abstract

The article emphasizes that administrative measures to prevent offenses in the field of construction are measures of administrative coercion aimed at preventing illegal actions and negative consequences, or minimizing them; interruption of illegal behavior, termination of a started or already committed illegal act that encroaches on the established order of construction and construction works; ensuring proceedings in cases of administrative misdemeanors; punishment of persons who have committed administrative offenses. Administrative coercive measures in the field of construction are used to prevent offenses, prevent the occurrence of negative consequences, create a certain situation of preventing illegal actions; interruption of illegal behavior, termination of a started or already committed illegal act that encroaches on the established order of construction and construction works, ensuring proceedings in cases of administrative misdemeanors; punishment of persons who have committed administrative offenses. Administrative and preventive measures for the prevention of violations in the field of construction in Ukraine are defined as the activities of executive authorities, local self-governments and public organizations regarding the formation of law-abiding behavior in offenders, the prevention of offenses that encroach on the order of construction (construction work, etc.), taking into account the circumstances and conditions that negatively affect individual or group illegal behavior of persons. Administrative and preventive measures of prevention are characterized by certain features that characterize their place in the unified system of measures of administrative coercion. The essence of these features is that administrative preventive measures are closely related to termination measures and enforcement measures. The connection of administrative preventive measures with measures of administrative termination is revealed, first of all, in the fact that in many cases they are precursors of measures of administrative termination. At the same time, the application of termination measures often precedes the application of administrative penalties, as it provides the possibility of bringing the offender to administrative responsibility. Administrative measures to stop violations in the field of construction are defined as the forcible stopping of violations and the prevention of possible harmful consequences and ensuring the application of administrative fines to the violator. Administrative liability in the field of construction is defined as a type of legal liability, which consists in the reaction of authorized law enforcement, supervisory and control-revision bodies as a result of the commission of administrative offenses in the field of construction, in the form of the application of measures of administrative coercion – administrative sanctions provided for, in particular, in Art. 96, 96-1, 188-42 of the Code of Ukraine on Administrative Offenses, Article 2 of the Law of Ukraine «On Liability for Offenses in the Field of Urban Development», etc., which are a measure of responsibility, a legal consequence of an administrative offense.