Characteristics of the composition of an administrative offense related to violation of the rules of quarantine of people-Reference-Cited by-同舟云学术

Characteristics of the composition of an administrative offense related to violation of the rules of quarantine of people

Published:2022-06-30 Issue:2 Volume:97 Page:194-203
ISSN:2617-278X
Container-title:Bulletin of Kharkiv National University of Internal Affairs
language:
Short-container-title:VNUAF

Author:

Martsun M. I.^ORCID

Abstract

The research is devoted to the study of the composition of an administrative offense related to violations of the rules of quarantine of people. The general, generic, and direct objects of administrative offense are defined. The general object of an administrative offense under Art. 44-3 of the Code of Administrative Offenses is the order of public administration, the generic object is public relations in health care, and the direct one is the health of the individual. A list of acts that constitute the objective side of the offense has been established. The objective aspect of an administrative offense is the violation of the rules on human quarantine and sanitary and hygienic rules established by law or decisions of public authorities and local governments. Staying in public places without personal protective equipment that covers the nose and mouth also entails administrative liability under Art. 44-3 of Code of Ukraine on Administrative Offenses. The list of the citizens and the officials belonging to subjects of offense is made. Special subjects of an administrative offense may be officials of public authorities and local governments, the State Service for Food Safety and Consumer Protection, enterprises, institutions, and organizations responsible for implementing measures to control infectious diseases. The subjective side of the violation of the rules of quarantine of people is given. It is proposed to consolidate the objective side of the administrative offense established in Part 1 of Art. 44-3 of the Code of Administrative Offenses as follows: “Violation of sanitary protection measures of the territory of Ukraine established by the legislation and decisions of state power and local self-government bodies”. Amendments to the legislation on administrative offenses are designed to improve the legal regulation of administrative liability for violating the rules of quarantine of people.

Publisher

Kharkiv National University of Internal Affairs

Subject

General Medicine,General Chemistry

Reference9 articles.

1. Teremetskyi V.I. and Knysh S.V., 2019. Separation of administrative and civil legal relations in the field of health care in Ukraine [Rozmezhuvannia administratyvnykh i tsyvilnykh pravovidnosyn u sferi okhorony zdorovia v Ukraini]. Pravo ta deržavne upravlìnnâ – Law and Public Administration, No. 2, Vol. 5, pp. 47-53.

2. Strelchenko O.H., 2012. The specifics of the misdemeanor as part of the administrative tort [Spetsyfika prostupku yak skladovoi chastyny administratyvnoho deliktu]. Pravo ì suspìlʹstvo – Law and Society, No. 3, pp. 137-143.

3. Hbur L.V., 2016. Analysis of the composition of the administrative offense in the field of water resources of Ukraine [Analiz skladu administratyvnoho pravoporushennia v sferi vykorystannia vodnykh resursiv Ukrainy]. Pravo ì gromadânsʹke suspìlʹstvo, No. 2, pp. 67-73.

4. Skryhulets O.V., 2011. The composition of administrative offenses in construction [Sklad administratyvnykh pravoporushen u budivnytstvi]. Naukovij vìsnik Lʹvìvsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav. Serìâ ûridična – Scientific Bulletin of Lviv State University of Internal Affairs. Juridical Series, No. 2, pp. 233-244.

5. Fedorchak I.V., 2014. The objective side of the administrative offense in the field of land relations [Obiektyvna storona administratyvnoho pravoporushennia u sferi zemelnykh vidnosyn]. Naukovij vìsnik Užgorodsʹkogo nacìonalʹnogo unìversitetu. Serìâ Pravo – Uzhhorod National University Herald. Series: Law, Iss. 24, Vol. 3, pp. 137-140.