Some legal aspects of participation of the prosecutor in cases of administrative offences in the application of coercive measures related to the restriction of personal freedom of citizens

The article provides a legal characterization of the prosecutor’s participation in cases of administrative offenses when applying coercive measures related to the restriction of personal freedom of citizens. The author analyzes the legislation on administrative offenses with the relevant conclusions about the categories of cases which cannot be considered without the participation of the prosecutor. The author focuses on attention is focused on the fact that departmental acts of the Office of the Prosecutor General of Ukraine provide for mandatory participation of prosecutors in cases of administrative offenses in case of application of coercive measures related to the restriction of personal freedom of citizens. We have drawn parallels between the direct participation of a prosecutor in in the consideration of an administrative offense case and prosecutorial supervision of the relevant authorities that consider cases and apply measures of for administrative offenses. The author emphasizes that prosecutorial supervision over the observance of laws in administrative offense cases can be divided into two categories: direct participation in the consideration of of an administrative offense; supervision of the relevant bodies which that consider cases and apply measures of influence for administrative offenses. Differentiated coercive measures related to the restriction of personal freedom of citizens applied in cases of administrative offenses. In particular: the type of administrative penalty provided for in Article 24 of the Code of Ukraine on Administrative Offenses (hereinafter - the CUAO) (e.g, administrative arrest, arrest with detention in the brig); measure Ensuring proceedings in cases of administrative offenses, provided for in Article 260 of the Code of Administrative Offenses (e.g., administrative detention). The article also analyzes the conclusions of the European Court of Human Rights regarding the observance of the principle of impartiality in the absence of a prosecutor during the administrative offenses, etc.