Administrative responsibility for some violations of the quarantine regime in retail institutions, public catering, and the services sector

Abstract

The article is devoted to certain issues of bringing to administrative liability employees of business entities engaged in retail trade, catering, and services, for violating the rules of quarantine of people. The author analyzes the composition of administrative offenses under sections 1 and 2 of Art. 443 of the Code of Administrative Offenses, in particular in the aspect of certain features of their objective side and subject composition. In the example of a court case, the author analyzes the errors of legal qualification by police officers for actions/ inaction of an employee of a business entity who is at work without wearing personal protective equipment. The author also noted the negative procedural consequences of the practice of inaccurate indication in administrative materials of a specific rule of law, violation of which is accused of a person who is subject to administrative liability. The author emphasizes the case-law of the European Court of Human Rights, according to which self-reclassification of administrative offenses by the court and assistance by the court to the body/official who drew up the administrative protocol in finding evidence of guilt of the person prosecuted is not allowed. It is noted that the provisions of the current legislation on the quarantine of people during martial law are large of a recommendatory nature, but after the termination of the martial law regime, the relevance of the correct classification of administrative offenses in this area will increase. As a result, the author concludes that it is impossible to bring administrative responsibility under section 1 of Art. 443 of the Code of Administrative Offenses of persons who do not have the status of business entities or officials of business entities - legal entities, as well as the obligation of the court to close the proceedings in the case of an administrative offense in this case.