ADAPTATION OF ADMINISTRATIVE-DELICIT LAW TO EUROPEAN UNION LAW

Abstract

The article is devoted to the analysis of theoretical and practical aspects of the adaptation ofthe administrative tort law of Ukraine to the law of the European Union (EU) in the context ofEuropean integration. The study is based on the principles of the European Administrative Space(EAS), such as legality, proportionality and the right to protection, as well as on the practice of theEuropean Court of Human Rights (ECHR). The paper analyzes the current state of administrativetort law in Ukraine, in particular the Code of Ukraine on Administrative Offences (COA), identifies its contradictions with European standards (Articles 32, 130, 185, 247) and considerskey precedents of the ECHR (Öztürk v. Germany, 1984; Engel v. Netherlands, 1976; Karelin v.Russia, 2016), which emphasize the need to reform procedures and sanctions.A comparative analysis is conducted with the legislation of Poland and Lithuania, which haveadapted their systems to EU law, and statistical data on administrative offenses in Ukraine for2022–2024 are presented, illustrating the overload of the system and its punitive nature. Particularattention is paid to recommendations for improvement: updating the Code of AdministrativeOffenses taking into account the EAS, abolishing excessive sanctions and clarifying the categoriesof offenses; creating a specialized body to monitor adaptation; improving the skills of judges andpolice based on the practice of the ECHR; involving SIGMA experts to develop a new Code.The article argues that adaptation is a complex process that requires legislative, institutional andpersonnel changes, as well as international cooperation. The results of the study can be used toimprove the administrative tort law of Ukraine and accelerate its integration into the EU.