Principles of proportionality and irrevocability of administrative responsibility for violation of quarantine requirements

Abstract

In this article were define that the principles are the main category of administrative responsibility, they are important in two stages such as stage of rule-making and stage of law enforcement. Their consolidation in the Code of Administrative Offenses will contribute to the improvement of this legal institution.
 Particular attention is paid to the principle of proportionality, which appear itself in two aspects: firstly, as a balancing act between public and private interests, and secondly, as a limitation of certain rights to achieve a legitimate goal. The principle of proportionality acquires special importance when establishing administrative responsibility for violation of quarantine requirements, where on one side of the scale is the health of the population, and on the other - an adequate response from the state to the offender.
 It was established that the violation of the principle of proportionality occurs in Article 44-3 of the Code of Criminal Procedure, because the sanction of this article does not meet the purpose due to its redundancy (too high sanctions) and the lack of proper differentiation (no punishment is established for citizens and entrepreneurs separately).
 It was determined that the principle of inevitability of administrative responsibility consist in ideally every person who has committed an offense should be punished in the form of administrative fines. An administrative misdemeanor, to which the state did not took the necessary measures, leads to impunity, does not restore social justice, and therefore encourages illegal behavior.
 In this section, regarding the violation of the requirements of the quarantine of people, a problematic issue has been established, which consists in the fact that the violators of the quarantine often remain unpunished. For example, improperly way of wearing or not wearing a mask or not keeping the appropriate distance when it was required was an extremely common offense that often went unnoticed by law enforcement officers. This inconsistent approach also undermines the credibility of the imposed restrictions and needs to be revised.