ISSN 2519-4216
e-ISSN 2519-4313
UDC 34
Law Journal of the National Academy of Internal Affairs
- administrative liability; proceedings; quarantine; coronavirus; administrative offense; infectious diseases; rules of quarantine of people; police; protocol.
- https://doi.org/10.33270/04202002.40
- Pages 40-45
The purpose of this article is to clarify main problems that arise in proceedings for violations of quarantine of people rules, based on analysis of relevant court decisions, and provide suggestions for their elimination. The article uses a set of scientific methods, namely: comparative law, system-structural, formal-logical, document analysis. The theoretical basis of the study consists of works of Ukrainian and foreign scholars, the provisions of the Code of Ukraine on Administrative Offenses, as well as the practice of their application. The scientific novelty of the results obtained lies in formulation of scientifically sound recommendations for improving efficiency of proceedings on violations of quarantine of people rules (based on practice of law application and foreign experience) as well as maximum achievement of principles of fairness and objectivity in this process. Conclusions. 1. Practice of applying Art. 44-3 of the Code of Ukraine on Administrative Offenses indicates existence of significant shortcomings that frustrate administrative prosecution for violating rules of quarantine of people. 2. Such shortcomings are partly related to defects in the construction of Art. 44-3 of the Code of Administrative Offenses, namely: a) the presence of a blanket disposition of the article, which necessitates the indication of the legal act stipulated the offense committed by a person (detailing the relevant articles, their parts, paragraphs in the protocol); b) excessively severe non-alternative sanctions which are likely to compel the court to close the proceedings due to insignificance. 3. The other part of the problem is related to shortcomings in the work of the National Police of Ukraine units during the preparation of the protocol on administrative offense and collection of necessary evidence (failure to provide necessary evidence of the administrative offense, errors in drawing up the protocol itself, misinterpretation of Art. 44-3 the Code of Ukraine on Administrative Offenses). 4. These and other shortcomings deprive court of opportunity to make necessary decision in the case and make an unambiguous lawful and reasonable conclusion about presence or absence of guilt of a particular person in certain violation or compel the court to close the proceedings. 5. These problems can be overcome comprehensively – on the one hand, by improving legal norm stipulated by Art. 44-3 of the Code of Ukraine on Administrative Offenses, and on the other hand, by improving of police officers qualification.
References
[1] Botes, W.M., & Thaldar, D.W. (2020). COVID-19 and quarantine orders: A practical approach. SAMJ: South African Medical Journal, 110(6), 1-4.
[2] Chu, I.Y.H., Alam, P., Larson, H.J., & Lin, L. (2020). Social consequences of mass quarantine during epidemics: a systematic review with implications for the COVID-19 response. Journal of Travel Medicine, 27(7), 1-14.
[3] Kovalova, S.S. (2020). Responsibility for violation of quarantine and sanitary rules and regulations to prevent the spread of coronavirus infection (COVID-19) in Ukraine. Law. Human. Environment, 11(2), 158-168.
[4] Krykun, V.V. (2020). Objective features of administrative offenses provided for in Article 443 of the Code of Administrative Offenses of Ukraine and their impact on the sphere of authority of the National Police of Ukraine. Bulletin of Kharkiv National University of Internal Affairs, 89(2), 153-163.
[5] Kurinnyi, Ye.V. (2020). On the axiological essence of administrative fines. Bulletin of Zaporizhia National University, 1, 144-150.
[6] Resolution of the Kivertsy District Court of the Volyn Region in the case No. 158/2731/20. (2020, November). Retrieved from http://reyestr.court.gov.ua/ Review/92890358
[7] Vozniuk, A., & Cherniavskyi, S. (2020). Violation of COVID-19 prevention rules and regulations: current issues of criminal and administrative liability. Law Journal of the National Academy of Internal Affairs, 19(1), 8-19.
[8] Resolution of the Kivertsy District Court of the Volyn Region in the case No. 158/2731/20. (2020, August). Retrieved from http://reyestr.court.gov.ua/ Review/92890358
[9] Resolution of the Starovyzhiv district court of Volyn region in the case No. 168/546/20. (2020, August). Retrieved from http://reyestr.court.gov.ua/ Review/90906425
[10]Resolution of the Sumy District Court of Sumy region in the case No. 587/572/20. (2020, March). Retrieved from http://reyestr.court.gov.ua/Review/88520190
[11]Resolution of the Railway District Court of Lviv in the case No. 462/6924/20. (2020, November). Retrieved from http://reyestr.court.gov.ua/Review/92874740
[12]Pylypiv, R., & Tymchyshyn, A. (2020). Administrative liability for violation of human quarantine rules: Problems and prospects. Legal Bulletin, 3, 163-169.
[13]Sambor, M.A. (2020). The composition of administrative offense shodo violation of the rules of quarantine of people. Bulletin of Luhansk State University of Internal Affairs named after E.O. Didorenko, 2(90), 155-170.
[14]Sjödin, H., Wilder-Smith, A., Osman, S., Farooq, Z., & Rocklöv, J. (2020). Only strict quarantine measures can curb the coronavirus disease (COVID-19) outbreak in Italy. Euro Surveill, 25(13), article number 2000280