Although the legislation on administrative offenses varies from country to country in some specific ways across the European area, it is of particular importance from the point of view of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights. The European Court has repeatedly accepted applications on this topic, and in a number of cases has collected a number of applications in one process, analyzed and summarized them, identified systemic problems in the national legislation of member countries, resolved the problems of individuals on specific applications, and recommended changes to national legislation. Although the principle of proportionality is mainly used to assess legislation in this area, the European Court has found its main problems in the area of intersection of legislation on administrative offenses with criminal law. Although it is classified as an administrative offense in member countries, the provisions of the Code of Administrative Offenses are recognized as criminal by virtue of the legal consequences of their application, and appropriate guarantees must be provided for their application. The basic requirement follows naturally from Article 6 of the European Fair Trial Convention. Since accession to the European Convention is a conscious choice of the people of Azerbaijan and a reflection of the guiding principles in national legislation, the country's legislation on administrative offenses must meet the requirements of the leading human rights guarantees reflected in the Constitution written in accordance with the Convention. under the leadership of the great leader Heydar Aliyev. In this regard, the application of legislation on administrative offenses in judicial proceedings must comply with the principles of democracy and pluralism of the generally accepted European Convention, as well as the principles of the Constitution of Azerbaijan in the field of human rights protection. The purpose of this study is to identify gaps in this area through a comparative analysis.

Keywords: administrative error, comparative analysis, criminal law, national legislation, principle of proportionality, case law, human rights, trial.