Proceedings in Cases of Violation of Rules on Quarantine of People

Abstract

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.

Keywords: administrative liability; proceedings; quarantine; coronavirus; administrative offense; infectious diseases; rules of quarantine of people; police; protocol.