Відповідальність за порушення карантину та санітарних правил і норм щодо запобігання поширенню коронавірусної інфекції (COVID-19) в Україні

Abstract

The article analyzes the current state of application of effective mechanisms of legal support of quarantine requirements and sanitary rules and regulations for the prevention of infectious diseases. To achieve this goal, an analysis of current legislation on the grounds for establishing liability for quarantine, examined the results of court proceedings initiated for non-compliance with norms and rules for the prevention of infectious diseases, identified factors of low efficiency of Art. 44-3 of the Code of Administrative Offenses in establishing administrative liability for violations of quarantine and sanitary norms and rules. It is established that the issues of administrative and criminal liability for violation of quarantine and sanitary rules and regulations for the prevention of infectious diseases are regulated by Articles 42, 44-3 of the Code of Administrative Offenses and Article 325 of the Criminal Code of Ukraine. It is determined that one of the problems of ineffective application of Articles 44-3, 42 of the Administrative Code and Article 325 of the Criminal Code of Ukraine is an array of new rules for the prevention of COVID-19, which is constantly changing and introduced by various actors. Another reason was the professional unpreparedness of officials of the internal affairs bodies (National Police) of Ukraine to apply sanitary and epidemiological norms when drawing up protocols on violations of quarantine norms. The study found that despite the timeliness and necessity of the regulations to establish liability for violations of statutory rules and regulations introduced to prevent COVID-19, they have a number of legal conflicts, contradictions and gaps. Proposals to eliminate these shortcomings these shortcomings were substantiated. Keywords: quarantine, administrative liability, criminal liability, infectious diseases, coronavirus, prevention, informed agreement