Аналіз санкцій статті 44-3 Кодексу України про адміністративні правопорушення

Abstract

The purpose of the article is to identify the main shortcomings of administrative penalty for violating rules on quarantine of people (Article 44-3 of the Code of Ukraine on Administrative Offenses) in order to define scientifically sound ways to eliminate them. The article uses a set of scientific methods, namely: terminological, system-structural, formal-logical, comparative-legal. The theoretical basis of the study consists of works of Ukrainian and foreign scholars, the provisions of the Code of Ukraine on Administrative Offenses, as well as the practice of their application. The scientific novelty of the article is that it revealed a number of defects that characterize sanctions of Art. 44-3 the Code of Administrative Offenses. This made it possible to suggest proposals for their elimination by reducing the minimum and maximum penalty in the form of fine for violation of the rules on quarantine of people, harmonization of the limits of sanctions under Art. 44-3 of the Code of Ukraine on Administrative Offenses and Art. 325 of the Criminal Code of Ukraine, as well as expanding limits of sanctions under Art. 44-3 of the Code of Ukraine on Administrative Offenses due to the introduction of alternative penalties in the form of warning and administrative house arrest. Conclusions. 1. The excessive severity of fines for certain categories of citizens, the sanction’s non-alternative nature, lack of proper differentiation of administrative responsibility for offenses under Art. 44-3 of the Code of Administrative Offenses, as well as the proximity of penalty provided by Art. 44-3 the Code of Administrative Offenses to sizes of the punishments provided by Art. 325 of the Criminal Code of Ukraine are main shortcomings of sanctions of Art. 44-3 of the Code of Ukraine on Administrative Offenses. 2. Optimization of sanctions of Art. 44-3 of the Code of Ukraine on Administrative Offenses is possible through reduction of the minimum and maximum fine, coordination of its limits with sanctions of Art. 325 of the Criminal Code of Ukraine, as well as expanding the limits of sanctions under Art. 44-3 of the Code of Ukraine on Administrative Offenses by introduction of warning and administrative house arrest. 3. The advantages of such steps for Ukraine as a rule of law of European standard nave been outlined: a) reduction of public dissatisfaction with parliament and law enforcement agencies; b) achieving the balance between measures of administrative and criminal responsibility; c) enabling judges to take more reasonable, lawful and fair measures to respond to commission of an administrative offense under Art. 44-3 the Code of Ukraine on Administrative Offenses