THE MAIN DIFFERENCES BETWEEN CRIMINAL AND ADMINISTRATIVE PROCEEDINGS

Abstract

The article attempts to compare administrative and criminal processes in Ukrainian legislation. Administrative and criminal processes have been found to have many similarities, but they also have many distinctive features. In Ukrainian law and in scientific research it is proved that both criminal and administrative conflict processes consist of four components: subject, object, objective and subjective parties. However, the administrative non-conflict process does not always consist of four components. It has been proved that both criminal and administrative conflict processes are aimed at identifying offenders and bringing them to criminal responsibility or imposing administrative penalties on them. The administrative non-conflict process is aimed at managing various situations in different spheres of life and has nothing to do with punishment. In legal science, a large number of types of administrative non-conflict process or non-conflict proceedings are distinguished. These include:

• managerial;
• rulemaking; 
• permits;
• registration;
• control;
• supervisory and certification proceedings.

In addition, non-conflict proceedings include other proceedings which are of an administrative nature: educational, medical, commercial insurance and others.

In criminal proceedings there is no separation, it is the only one.