Administrative liability for violation of human quarantine rules: problems and prospects

Abstract

The article examines the national legislation of Ukraine on administrative liability for violating the rules on quarantine of people. The practice of consideration by courts of cases on bringing persons to administrative responsibility for committing offenses under Art. 44-3 КУпАП in modern conditions. It is established that among the grounds for closing the proceedings for violation of the rules on quarantine of people, there is a tendency in the courts to close such proceedings for the insignificance of an administrative offense. It is emphasized that the current Ukrainian administrative-tort legislation does not contain the very concept and signs of insignificance of the offense. Theoretical works available in legal science do not add complete certainty to this question. Judicial practice shows that the vast majority of judges' conclusions on the insignificance of the act are based on mitigating circumstances, in particular, taking into account the offender's sincere remorse, committing an administrative offense for the first time, the nature of the act and the circumstances of the case. It is emphasized that it is a difficult process to determine the real consequences of violations of quarantine rules that have become the subject of an administrative tort in a short time. This leads to formalism and subjectivity in making such decisions and, as a side effect, can lead to disregard for quarantine by the population. It is concluded that the use of the institution of exemption from liability due to the insignificance of the offense in case of violation of quarantine rules is somewhat impractical. Instead, it is proposed to rationally improve the content of Article 44-3 of the Code of Administrative Offenses, namely to divide it into several parts, with the possibility of differentiating dispositions and sanctions according to the degree of harm to public or state interests or citizens, the likelihood of negative impact on the epidemiological situation.