Comparative analysis of administrative and criminal punishments in Ukraine and some foreign countries and prospects for changes

Abstract

The process of European integration necessitates the reform of the system of Ukrainian legislation. In this case, the issue of the ratio of norms that establish administrative and criminal punishments in Ukraine, namely their improvement and unification, is relevant. Thus, the purpose of the study was to determine the prospects for changes in approaches to the legislative consolidation of articles on criminal and administrative liability in Ukraine as well as abroad. The methods of analysis, synthesis, comparison, formal-legal, and deduction were used. The results of the study indicate that there are similarities in the structure of certain provisions of the Code of Ukraine on Administrative Offences with the corpus delicti of crimes provided for in the articles of the Criminal Code of Ukraine. This phenomenon is highlighted as an important aspect of the Ukrainian legal system that requires careful analysis and comparison. The study also identified the main historical preconditions for the codification of the rules governing criminal and administrative liability into separate codes. By analysing the historical contexts, the study examined how the evolution of legal principles contributed to the formation of the modern liability system. In addition, the study focused on the current relationship between the Code of Administrative Offences and the Criminal Code of Ukraine. The analysis of the interaction between these two codes has become an important component for understanding the law and order system in Ukraine and identifying possible aspects of improving this system. The researchers were particularly interested in studying foreign experience, in particular the practices of Kazakhstan, Germany, France, Germany, Estonia and the United Kingdom. This comparative approach allowed us to identify similarities and differences in the legal systems of different countries, as well as to take into account effective practices that can be used to improve the legal system of Ukraine. The results obtained in the study should be used in the process of making changes to the provisions of the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine, in particular their improvement in the context of the European integration process.