CIVIL LAW PROCEDURE FOR COMPENSATION OF DAMAGES CAUSED BY AN ADMINISTRATIVE OFFENSE

Аннотация

The article analyzes the concept of damages caused as a result of an administrative offense and describes the civil law procedure for their compensation. Keywords: administrative offense, damages caused as a result of an administrative offense, methods and procedure for compensation. In accordance with Article 29 of the Constitution of the Republic of Uzbekistan, the state provides victims with protection and access to justice, and creates conditions for compensation of damages inflicted upon them.[1] According to Article 985 of the Civil Code of the Republic of Uzbekistan, damages caused to the person or property of a citizen by unlawful action (inaction), as well as damages caused to a legal entity, including lost profits, must be fully compensated by the person who caused the damages. According to Article 38 of the Code of the Republic of Uzbekistan on Administrative Responsibility, a person who has committed an administrative offense is obliged to compensate for the damages caused as a result of the administrative offense.[2] Based on the foregoing, it can be said that our national legislation provides for the legal basis for compensation of damages caused as a result of an administrative offense. Compensation for property and moral damage caused as a result of an administrative offense, that is, the restoration of violated rights and freedoms of persons affected by the offense, acts as a protective function of administrative responsibility. In this case, unlike administrative liability, civil liability is not punitive for the offender, but compensatory, aimed at restoring the violated rights of the victim. After all, regardless of whether an administrative penalty is applied to the offender, he is obliged to compensate for the damage caused as a result of the administrative offense. That is, the application of an administrative penalty to the offender does not release him from compensation for the damage caused as a result of the administrative offense. The Code of the Republic of Uzbekistan on Administrative Responsibility establishes the following 3 procedures for compensation for property damage caused as a result of an administrative offense: firstly, the body (official) authorized to consider cases of administrative offenses has the right to decide on compensation for property damage, if it does 39 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference not exceed the amount of the established basic calculated value at the time of application of the penalty; Secondly, the court in criminal cases considers the issue of compensation for damage regardless of the amount of property damage caused; Thirdly, compensation for property damage caused as a result of an administrative offense is resolved in a civil law manner. It was noted that our national legislation provides that compensation for damage caused as a result of committing administrative offenses can be resolved not only in the administrative-legal procedure, but also in the civil-legal procedure. Professor N. Imomov states that..."each branch of law uses its own methods and means in combating offenses and makes its worthy contribution to this process"[3], while Professor O. Okyulov emphasizes that "recognizing civil- legal protection of human rights and interests as a comprehensive, large-scale, and accessible method, criminal-legal and administrative-legal protection is effective and effective"[4]. Certainly, resolving the issue of damage caused as a result of an administrative offense in the procedure of civil proceedings allows for a full determination of the damage caused to the victim. Because the recovery of expenses, actual damage, and lost profits incurred by the victim to restore their violated rights is also established by civil legislation. In the administrative-legal procedure, only the loss or damage of the victim's property (actual damage) is taken into account as damage. Thus, the Code of Administrative Offenses does not establish legal mechanisms for recovering from the offender expenses incurred by the victim to restore the violated right and lost profits (for example, lost income for sick days). According to Article 38 of the Code of the Republic of Uzbekistan on Administrative Responsibility, a person who has committed an administrative offense is obliged to compensate for the damage caused as a result of the administrative offense[5]. It is also provided that the decision to recover this damage in favor of the victim is made by the authorized body (official) during the application of punishment to the guilty party, that is, during the proceedings in the case of an administrative offense. Considering that, according to the current procedure, cases of administrative offenses are considered extrajudicially by more than 30 authorized state bodies (officials) and administrative penalties are applied, these authorized bodies, when considering a case of an administrative offense, must also determine whether