Proceedings in cases of administrative offenses regarding violation of quarantine requirements

Abstract

Speaking about bodies authorized to bring administrative responsibility for violating quarantine requirements, it is necessary to pay attention to the following: firstly, the system of bodies (officials) authorized to bring administrative responsibility for violating quarantine requirements includes judicial and second extrajudicial (administrative) bodies , the list of which is quite extensive; secondly, in the aspect of bringing to administrative responsibility for violation of quarantine requirements, it is necessary to distinguish between bodies that bring to administrative responsibility and those authorized to draw up protocols on bringing to administrative responsibility. The court occupies a special place in the system of bodies considering the issue of administrative liability for violation of quarantine requirements. This exceptional role is explained by the fact that: firstly, violation of the rules regarding the quarantine of people has increased social harm, which is related to the health of the entire population of Ukraine and, as a result, can contribute to the faster spread of the coronavirus infection; secondly, as we have already defined in clause 1.3. the qualification of this act requires knowledge of a large number of normative legal acts in connection with the blanket nature of the disposition, and therefore the court as a competent body must determine the presence of the composition of an administrative offense; thirdly, the amount of fines provided for by the sanction of Art. 44-3 of the Code of Administrative Offenses of Ukraine are essential and can significantly limit the rights of a person. However, determining the role of the courts, in the consideration of cases of administrative offenses regarding the violation of quarantine requirements, it is stated that it is necessary to approach the list of acts considered by the courts more carefully. In our opinion, the presence of persons in public places without documents certifying identity, confirming citizenship or its special status, without a certificate of registration of a homeless person should be brought under the jurisdiction of the National Police and this offense should be transferred to Part 2 of Article 44-3 of the Code of Administrative Offenses. In turn, the transfer of this administrative offense to Part 2 of Art. 44-3 of the Criminal Procedure Code will allow: firstly, to ensure the saving of procedural means; secondly, prompt response, thirdly, it will have a deterrent effect and promote law-abiding behavior. Regulatory and legal provision of the administrative and jurisdictional activity of the National Police of Ukraine regarding bringing to administrative responsibility for violation of quarantine requirements needs revision and improvement. In particular, in our opinion, it is necessary to improve the norms of the Law of Ukraine «On the National Police» dated 02.07.2015 No. 580-VIII, adding to the duties stipulated in Art. 23 paragraph 24-1 «contributes to the provision of quarantine measures in accordance with the law.» This will allow us to determine the competence of the National Police, because during the quarantine period, the police were entrusted with the duty of monitoring compliance with the relevant measures. With regard to other bodies (officials) authorized to consider cases of administrative offenses, the following was noted: 1) it was emphasized the impracticality of assigning health protection authorities to subjects authorized to consider violations of quarantine requirements due to their lack of appropriate competence; 2) the need to make changes to the Code of Administrative Offenses in connection with the liquidation of the state sanitary-epidemiological service was noted; 3) the inexpediency of referring to bodies (officials) authorized to consider the issue of violation of quarantine requirements of local self-government bodies has been confirmed. The administrative procedure for administrative offense cases generally follows the same stages as court proceedings, but is simplified and considered at the place of commission of the administrative offense