CURRENT STATE AND PROBLEMATIC ISSUES OF ADMINISTRATIVE LIABILITY FOR VIOLATION OF QUARANTINE RULES

Анотація

The article is devoted to the study of the problems and essence of the current state of administrative liability for violation of the rules on quarantine of people.The author analyzes the legal acts which define the quarantine rules and concludes that no legal act provides for the concept of "quarantine of people".The author draws attention to the fact that Ukrainian legislation do not establish any rules and regulations which must be followed during the quarantine and for the violation of which administrative liability is provided.It is established that in connection with the introduction of quarantine and amendments to Article 44 of the Code of Administrative Offenses, the legislator did not make appropriate changes to the powers of certain bodies which are authorized by law to bring a guilty person to administrative liability for violation of the rules on quarantine of people.Due to the addition of part 2 to Article 44-3 of the Code of Administrative Offenses, a new problem has arisen that has led to legal conflicts in the issues of recording administrative offenses and imposing administrative penalties for violations under Article 44-3 of the Code of Administrative Offenses.Thus, there is a legal conflict in the application of Article 44-3 of the Code of Administrative Offenses.The author notes that in order to comply with the fundamental principles of the rule of law, legality and law and order, it is necessary to harmonize the provisions of the General and Special Parts of the Code of Administrative Offenses.It is also noted that due to amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 1236 dated 9 December 2020, most restrictive measures, which were established depending on the level of epidemic danger and were mandatory for individuals and legal entities for the period of quarantine, have been blocked.Since Art.44-3 of the Code of Administrative Offences is of a blanket nature, in order to bring offenders to administrative liability, it is necessary to refer to the provisions of special legislation, which are only advisory during martial law and therefore cannot be enforced by actual administrative and legal sanctions (penalties).

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