Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine
The author of the article has stipulates that public relations in the field of labor protection and public health are the generic object of an administrative offense under the Art. 443 of the Code of Ukraine on Administrative Offenses. The legislator has formed a generic object out of two relatively...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2020-06-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/278 |
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| author | V. V. Krykun |
| author_facet | V. V. Krykun |
| author_sort | V. V. Krykun |
| collection | DOAJ |
| description | The author of the article has stipulates that public relations in the field of labor protection and public health are the generic object of an administrative offense under the Art. 443 of the Code of Ukraine on Administrative Offenses. The legislator has formed a generic object out of two relatively independent parts: 1) public relations on labor protection and 2) public relations on public health. The direct object of an administrative offense under the Art. 433 of the Code of Ukraine on Administrative Offenses can be defined as public relations to protect the population from infectious diseases and ensuring its sanitary and epidemic well-being. The author has established the content of a socially dangerous act, which stipulates administrative liability under the Art. 433 of the Code of Ukraine on Administrative Offenses: 1) violation of the rules provided by the Resolution of the Cabinet of Ministers of Ukraine “On the prevention of the spread of an acute respiratory disease COVID-19 caused by the corona virus SARS-CoV-2 on the territory of Ukraine” dated from March 11, 2020 No. 211; 2) violation of the requirements of regulatory acts (orders, instructions, rules, regulations, etc.) of the Ministry of Health, which establish sanitary-hygienic and sanitary-anti-epidemic rules. The author has established the competition of norms of the Art. 42 of the Code of Ukraine on Administrative Offenses and the Art. 433 of the Code of Ukraine on Administrative Offenses according to the object and socially dangerous act; the author has suggested legislative amendments related to the elimination of the specified collision by the disapplication of the Art. 42 of the Code of Ukraine on Administrative Offenses.
In the course of the research of objective features of administrative offenses provided by the Art. 433 of the Code of Ukraine on Administrative Offenses, the author has substantiated the need and has provided propositions for legislative amendments to delimit the powers of the National Police of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Food Safety and Consumer Protection, and local self-government agencies in Ukraine in the sphere of counteracting violations of sequestration rules, sanitary and hygienic, sanitary and anti-epidemic rules and norms. |
| format | Article |
| id | doaj-art-24cd824b87de40e5a7e61a48fd08b8da |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2020-06-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-24cd824b87de40e5a7e61a48fd08b8da2025-02-02T04:13:38ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2020-06-0189215316310.32631/v.2020.2.15278Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of UkraineV. V. Krykun0The Main Directorate of the National Police in Kharkiv Oblast The author of the article has stipulates that public relations in the field of labor protection and public health are the generic object of an administrative offense under the Art. 443 of the Code of Ukraine on Administrative Offenses. The legislator has formed a generic object out of two relatively independent parts: 1) public relations on labor protection and 2) public relations on public health. The direct object of an administrative offense under the Art. 433 of the Code of Ukraine on Administrative Offenses can be defined as public relations to protect the population from infectious diseases and ensuring its sanitary and epidemic well-being. The author has established the content of a socially dangerous act, which stipulates administrative liability under the Art. 433 of the Code of Ukraine on Administrative Offenses: 1) violation of the rules provided by the Resolution of the Cabinet of Ministers of Ukraine “On the prevention of the spread of an acute respiratory disease COVID-19 caused by the corona virus SARS-CoV-2 on the territory of Ukraine” dated from March 11, 2020 No. 211; 2) violation of the requirements of regulatory acts (orders, instructions, rules, regulations, etc.) of the Ministry of Health, which establish sanitary-hygienic and sanitary-anti-epidemic rules. The author has established the competition of norms of the Art. 42 of the Code of Ukraine on Administrative Offenses and the Art. 433 of the Code of Ukraine on Administrative Offenses according to the object and socially dangerous act; the author has suggested legislative amendments related to the elimination of the specified collision by the disapplication of the Art. 42 of the Code of Ukraine on Administrative Offenses. In the course of the research of objective features of administrative offenses provided by the Art. 433 of the Code of Ukraine on Administrative Offenses, the author has substantiated the need and has provided propositions for legislative amendments to delimit the powers of the National Police of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Food Safety and Consumer Protection, and local self-government agencies in Ukraine in the sphere of counteracting violations of sequestration rules, sanitary and hygienic, sanitary and anti-epidemic rules and norms.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/278law enforcement activitycounteraction to spread of infectious diseasesobject and socially dangerous act of administrative offenseviolation of sequestration rulessanitarysanitary and hygienicsanitary and anti-epidemic rules and normsnational police of ukraine. |
| spellingShingle | V. V. Krykun Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine Bulletin of Kharkiv National University of Internal Affairs law enforcement activity counteraction to spread of infectious diseases object and socially dangerous act of administrative offense violation of sequestration rules sanitary sanitary and hygienic sanitary and anti-epidemic rules and norms national police of ukraine. |
| title | Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine |
| title_full | Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine |
| title_fullStr | Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine |
| title_full_unstemmed | Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine |
| title_short | Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine |
| title_sort | objective features of administrative offenses under the article 443 of the code of ukraine on administrative offenses and their impact on the scope of powers of the national police of ukraine |
| topic | law enforcement activity counteraction to spread of infectious diseases object and socially dangerous act of administrative offense violation of sequestration rules sanitary sanitary and hygienic sanitary and anti-epidemic rules and norms national police of ukraine. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/278 |
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