INSANITY AS A CIRCUMSTANCE EXCLUDING ADMINISTRATIVE LIABILITY https://doi.org/10.59982/18294359-25.2-ao-05
Abstract
This article examines in detail the institution of insanity of a person who committed an unlawful act or omission as a circumstance excluding administrative liability, the conditions for its application, and the problems existing in the field.
The legal basis for the research is the Code of Administrative Offenses, the law “On Fundamentals of Administration and Administrative Proceedings”, and precedent decisions of the RA Court of Cassation.
The results of the conducted research revealed and further discussed the key issues facing this guarantee of protection of the rights of vulnerable groups, as well as the concepts arising from them.
Not only theoretical but also practical solutions have been proposed to emerging legal issues, regarding which legislative regulations are sometimes incomplete.
The article discusses issues that have been reflected to one degree or another in the works of various authors, but the issues surrounding the institution that constitutes the content of the topic have not been the subject of a separate complex scientific discussion and legal analysis, which is what has been attempted in this work.
The value and practical significance of this work, as well as its novelty, is the formulation of unified judgments and perceptions on the institution of insanity of a person who has committed an unlawful act or omission, based on research, as well as the improvement of existing regulations.
Keywords: Exclusionary, insanity, responsibility, administrative offense, disease, dementia.
PAGES : 45-52