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Administrative offences law: Western and Eastern Europe experience, the requirements of the European Court of Human Rights and the Council of Europe standards

The article analyzes the substantive and procedural law on administrative offenses of Western and Eastern Europe. In the article the author has identified two subsystems of administrative offences law that exist in Europe. They are: the separate administrative offences law subsystem (Austria, France, Belgium, the Netherlands, Spain, Greece, Poland, Czech Republic and Slovakia) and so-called «wide» penal law (Germany, Switzerland, Italy, Portugal, Slovenia, Serbia, Croatia, Bulgaria, Estonia). Each of these subsystems has a number of features and advantages. The separate law on administrative offences has the following characteristics: 1) it is not covered by criminal law; 2) the fine is the main penalty; 3) the imposing of penalties is regulated by general administrative and procedural legislation; 4) a list of restrictive measures conducted without court orders is not significant. In this regard, we can highlight the benefits of the separate law on administrative offences. They are: - administrative law gets rid of penalties and restrictive measures that are not inherent; - courts are deprived of authority to impose administrative penalties; - minimizing legal materials regarding administrative procedure. The signs of the «wide» penal law are: 1) extending the provisions of criminal law on administrative offences; 2) the extension of the criminal procedure law in administrative proceedings; 3) a list of restrictive measures is higher than in the previous group, but they are made only on the basis of criminal court sanctions. The article also highlighted the significant advantages of the «wide» penal law system. They are: - administrative law is recognized as the institute of human rights protection; - minimizing legal materials regarding substantive and procedural law; - criminal procedural standards of protection extend to it



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Keywords: administrative offences law, administrative delicts, separate administrative offences law, «wide» penal law

ISSN: 2227-796X

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