The subject of an administrative offense in the field of labour protection

Abstract

The article analyses the issue of the subject of an administrative offense in the field of labour protection. It was established that the subject of an administrative offense in the field of labour protection can be: 1) an employee; 2) an official of enterprises, institutions, organizations regardless of the forms of ownership; 3) a citizen - a subject of entrepreneurial activity; 4) an individual who does not have the status of an entrepreneur and uses hired labour. It is proved that the signs that characterize the subject of an administrative offense in the field of labour protection are divided into general and special signs.It is substantiated that the granting of official powers to carry out organizational-administrative or administrative-economic functions is decisive in determining the functions (responsibilities) of this or that employee and defining the term «official». Organizational-administrative functions (responsibilities) define the responsibilities for the management of the industry, the labour team, the work site, and the production activities of individual employees at enterprises, institutions, or organizations, regardless of the forms of ownership. Administrative-economic functions (duties) are responsibilities for managing or disposing of state, communal property.The characteristics of the subjects of the offense established by Part 5 of Article 41 of the Code of Ukraine on Administrative Offenses were analysed and it was determined that all these subjects (and employees; and officials of enterprises, institutions, organizations, regardless of the forms of ownership; and citizens - subjects of entrepreneurial activity) belong to the parties of labour relations. It is proposed to change the subject structure defined in Part 5 of Article 41 of the Code of Ukraine on Administrative Offenses and to expand it. It is proposed to include such persons as apprentices and students undergoing labour and professional training (industrial practice) as subjects of the administrative offense (misdemeanour), defined in Part 5 of Article 41 of the Code of Ukraine on Administrative Offenses.