THE STATE OF INSANITY OF THE SUBJECT OF AN ADMINISTRATIVE OFFENSE UNDER THE LAWS OF CERTAIN FOREIGN COUNTRIES

Abstract

The article characterizes the insanity of the subject of an administrative offense under the laws of certain foreign countries. The author emphasizes the uncertainty of the ways of development of the institute of administrative responsibility in Ukraine and the urgent need for its improvement. The author emphasizes the importance of taking into account the positive experience of the "young democracies" to assess the possibilities of its further implementation in Ukraine – the Republic of Moldova, the Republic of Latvia, and the Republic of Lithuania. The author concludes that national legislative acts have both common (extreme necessity, necessary defense, insanity) and distinctive circumstances. Of interest is the wide range of circumstances and conditions that make it impossible to incur administrative liability under Lithuanian law. The author establishes that foreign legislation contains a wide range of circumstances which differ in the details of the procedure for their application and the subjects covered by these provisions. The author gives a favorable assessment of this legislator’s approach to enshrining a wide range of circumstances which exempt a person from administrative liability or exclude the unlawfulness of an act committed by him/her. The author emphasizes that the legislation of the states under consideration takes into account the reasons and conditions which led to the commission of an unlawful act as grounds for exemption from administrative liability. In particular, prostitution, drug addiction and committing an offense as a result of human trafficking or under physical/mental coercion deserve to be taken into account when qualifying related offenses. The author emphasizes the importance of improving the national legislation on administrative liability.