Problems administrative enforcement and rule of law

Kysil L. E. Problems administrative enforcement and rule of law

The article is devoted to definition of term «administrative enforcement», classification of measures of administrative enforcement within the context of principle of rule of law. The condition of scientific researches and administrative regulation in the sphere mentioned above is analyzed. Attention is paid to general characteristics of measures of administrative enforcement and administrative cancellation.

Enforcement of the principle of rule of law leads to creation such a legal order, which limits competence of public administration bodies due to special mechanisms. Author states that nowadays there is no exhaustive list of measures of administrative enforcement. This situation is not relevant for rule-of-law state, because administrative enforcement circumscribes rights and liberties of citizens. Administrative enforcement is regulated not only by the Laws of Ukraine, but delegated legislation as well, which contradicts to The Constitution of Ukraine and principle of rule of law in general. Author suggests to define exhaustive list and administrative enforcement procedure on legislative level.

Key words: administrative enforcement, principle of rule of law, measures of administrative enforcement, measures of administrative cancellation.