PECULIARITIES OF ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF ADVERTISING LEGISLATION IN THE FIELD OF HAZARDOUS WASTE

Abstract

The scientific article is devoted to the peculiarities of administrative responsibility for violation of advertising legislation in the field of hazardous waste. Attention was drawn to the fact that the administrative legislation of Ukraine on the application of administrative liability for violations of advertising legislation in the field of hazardous waste requires significant improvement, updating and meaningful codification, followed by the adoption of a new Code of Administrative Offenses, which would already clearly define all aspects of administrative liability not only individuals, but also legal entities. In order to gain a deeper understanding of the true role and purpose of administrative responsibility in the field of hazardous waste in the mechanism of administrative and legal provision of advertising services, it is necessary to say a few words about its functions. The functions of responsibility reflect its main directions and the nature of its impact on social relations and their participants. It is in the functions of responsibility in the field of hazardous waste that they find their implementation, the practical embodiment of its task, that is, the functions show how exactly the fulfillment of the planned work scopes and the achievement of the desired results are ensured. It has been proven that the legislation on advertising in the field of hazardous waste envisages as subjects of administrative responsibility not only individuals, but also legal entities, and allows the application of a fine as an administrative penalty to both the former and the latter. It should be noted that the issue of administrative liability of legal entities has been overdue for a long time and requires a constructive solution, because its actual existence is evidenced not only by the Law "On Advertising", but also by a number of other normative legal acts. In this regard, improvement is required, first of all, by the main normative legal act on the regulation of administrative responsibility in our country – this is the Code of Civil Procedure, which does not recognize a legal entity as a subject of administrative responsibility. Such a difference between the provisions of special laws, in which legal entities, apparently, are recognized as subjects of administrative responsibility, from the provisions of the Code of Administrative Offenses, in which only natural persons are recognized as such, can cause significant complications and discrepancies in the actions of competent authorities in the process of determining those guilty of committing offense (offences) of persons and their punishment.