LEGAL ENTITY AS A SUBJECT OF ADMINISTRATIVE OFFENSE IN THE FIELD OF ENVIRONMENTAL PROTECTION

Abstract

The article highlights the issue of finding ways to apply measures of administrative responsibility to a legal entity as a subject of an administrative offense in the field of environmental protection. The author determined that a type of application of measures of administrative responsibility is the application of administrative and economic sanctions to legal entities. The author found out that the establishment of the content of administrative responsibility and the imposition of administrative fines for the commission of administrative offenses in the field of environmental protection is connected with the need to solve the problem of a blanket approach to setting out the dispositions of the norms of the administrative-delict legislation of Ukraine. It has been established that administrative offenses are grounds for the application of measures of administrative responsibility. It was determined that the measures of administrative responsibility include both administrative fines and administrative and economic sanctions. The classification of administrative offenses in the field of environmental protection by object, subject, and method of commission was carried out. As a result of the carried out classification of administrative offenses in the field of environmental protection, a conclusion was made about the need to find a normative structure for the recognition of legal entities as subjects of administrative responsibility. The expediency of understanding administrative responsibility in the field of environmental protection as a system of administrative proceedings, the implementation of which leads to the application of administrative sanctions to a person, is substantiated. A conclusion was made about the need to introduce mechanisms of administrative liability without fault. It is emphasized that guilt is such a condition of the subjective side of the composition of an administrative offense that characterizes the volitional content of the activity of only natural persons, which eliminates the possibility of introducing universal approaches to the application of measures of administrative responsibility.