INDIVIDUALIZATION OF ADMINISTRATIVE LIABILITY

The article examines the individualization relative to the administrative liability. The author underlines insufficient attention of the legal science to the issue of individualization of the legal responsibility highlighting this not only regarding the labor, civil legal institutions of responsibility but also administrative, criminal and relevant areas of law, where requirements to individualization are the most focused and are relatively fully and densely manifested. The author underlines that establishing the administrative liability for committed administrative offence requires assessment of the essence and extent of the public danger, as well as the personality of offender with regard to all features characterizing him. The article makes conclusions that the personality of offender has significant value for individualization of the administrative liability. The main conclusion that is made upon results of the research is that individualization of legal liability shall become the fundamental idea ensuring differentiation of administrative liability for committed administrative offence with regard to legal, psychological and social demographic features of the offender personality aimed at protection of rights and legal interests of the offender on the one hand, and public interests on the other hand. Besides, the author has detected the obvious necessity of the further scientific research and introduction into the legal and law enforcement practice of the individualization of administrative liability, the use of the entire range of tools for offence prevention, which ultimately will have positive effect on the state of the fight against offences and crimes, while ignoring of individualization of administrative liability can result in reduction of effectiveness of such liability and its goals.

individualization, personification of liability, legal liability, administrative liability, administrative offence, individualization of liability as a principle, offender personality, principle of individualization of administrative liability, individualization of liability, legal factors individualizing liability, prerequisites of liability individualization.

Poddubnyi A. O. Individualization of administrative liability. Business. Education. Law, 2019, no. 2, pp. 283–287. DOI: 10.25683/VOLBI.2019.47.256.