Administrative responsibility for violation of rules regarding quarantine of people

Abstract

The article is devoted to the study of administrative responsibility for violating the rules on quarantine of people in Ukraine. The issue of studying the historical formation of administrative responsibility for violating the rules of quarantine in general, and the quarantine of people in particular is covered. The normative-legal acts regulating relations in the field of protection of the population against infectious diseases and health care on the territory of Ukraine are researched. Special attention is given to Article 44-3 of the Code of Ukraine on Administrative Violations (CUAV) «Violation of the rules on quarantine of people». The changes that this article has undergone in the content and in the jurisdiction of this category of cases of administrative violation are analyzed. The statistical data and the practice of consideration of cases on bringing persons to administrative responsibility for committing violations under Article 44-3 of the CUAV by courts in modern conditions are considered. It is concluded that the introduction of Article 44-3 of the CUAV contains both positive and negative aspects. Deficiencies in the content of the norm and in the practice of its application are revealed. It is proposed to resolve the issue of: blanketness of the first part of Article 44-3 of the CUAV; compliance of this article with the principle of legal certainty and the principle of conformity of guilt and punishment; humanization of responsibility for violating the rules of quarantine of people. It is also proposed to introduce balanced quarantine rules in combination with sanctions that will comply with them and to make appropriate changes to Article 44-3 of the CUAV «Violation of the rules on quarantine of people».