Administrative and procedural status of officials of anti-narcotic offenses in conditions of digitalization
Author(s): Mykhaylo Styranka*, Vyacheslav Krahlevych, Petro Melnyk, Mykhailo Ternushchak and Kostiantyn Fomichov
Abstract
In the above article, the author highlights a number of key provisions regarding the administrative legal status of participants in proceedings in cases of administrative offenses related to countering drug crimes.
Methods: The scientific article employs a system of scientific methods of cognition, specifically when determining the status of individuals who resist drug offenses, in accordance with the study’s goals and purposes. The requirements for compliance with legislation on determining the status of persons who counteract drug offenses, as well as compliance with the rights and fundamental freedoms of civil servants who counteract drug offenses, are determined by means of the method of analysis and systematic study of legal norms, as well as generalization and synthesis.
Results: Administrative law researchers haven’t reached a consensus on the legal standing of individuals involved in adjudicating administrative offense cases concerning drug-related crimes. The prevailing view suggests the definition of “subject of proceedings in cases of administrative offenses related to countering drug crimes” encompasses more individuals than just those categorized as “participants in proceedings.”
Conclusion: The suggested approach places strong importance on differentiating between various groups of individuals involved in administrative corruption proceedings. This is accomplished through two key classification methods: Firstly, categorization based on the individual’s stake in the outcome of the administrative case: a) Those with a vested interest (e.g., the involved parties, third-party stakeholders and their legal representatives); b) Those without a direct interest in the case’s resolution (e.g., witnesses, expert witnesses, specialists, translators). Secondly, classification according to their function within the trial: a) Individuals directly participating in the proceedings (e.g., the parties involved, third parties and their respective legal representation); b) Individuals who assist in the court’s considerations (e.g., witnesses, expert witnesses, specialists); c) Individuals providing essential support to the trial’s operation (e.g., translators, the court secretary, court administrators). Digitalization is changing all aspects of public life and the fight against drug offenses is no exception. The administrative and procedural status of officials involved in this fight must be adapted to new realities, including the rapid development of information technologies. It is important to ensure a balance between the effective use of digital tools and respect for human rights, as well as proper control over the use of digital data.