Some Common Problems of Administrative, Administrative-Delict and Criminal Legislation (Law Enforcement during Pandemic Period)

Abstract

The study focuses on application of the newly adopted articles of the Code of Administrative Offensesdesigned to counteract the spread of COVID-19. Attention is drawn to the two problems that have arisen: the excessive blanketness of these norms andredundancy of administrative regulation in general. Taking into account the fact that the criminal norms protecting the same social relations are structurally similar, these problems are also assessed from the point of view of Criminal Law. As one of the reasons for what negative is happeningnowadays, the author names low quality of the normative and, especially, non-normative legal acts, to which the blanket norms of the Code of Administrative Offenses and the Criminal Code refer. The purpose of the presented study is to identify the most optimal ways to synchronize relevant laws in the today’s pandemic situation and on the eve of adoption of a revised version of the Code of Administrative Offenses and a completely new Procedural Code of Administrative Offenses. Its main tasks are to: identify key problems; analyze their occurrence; propose ways to resolve the problems throughimproved administration of law and rule-making. In the course of the study, the following methods were used: comparative legal method, method of analyzingthe judicial practice, as well aslegal modeling and forecasting. According to its results, while further working on the drafts Code of Administrative Offenses and Procedural Code of Administrative Offenses, it is proposed to proceed from the fact that their content cannot but correlate with the content of the Criminal Code and the Code of Criminal Procedure, and be alsobased on latest achievements in the sciences of Criminal Law and Procedure.