Procedural (procedural) basis for administrative liability for violation of quarantine rules

Abstract

The article is devoted to the study of the procedural (procedural-procedural) basis of administrative liability for violation of quarantine rules. It is established that the procedural basis of administrative liability is final, aimed at generalizing and determining the ratio of normative and factual grounds, and provides for establishing the presence or absence of legal grounds for bringing to administrative liability in general and imposing the appropriate penalty.

Two main approaches to determining the procedural basis for administrative liability are identified: 1) the presence of a law enforcement act of an authorized (competent) body, which establishes the type and extent of legal liability (the scope and form of state legal enforcement measures); 2) a set of procedural norms that ensure the bringing of the guilty person to administrative liability.

It is determined that the procedural (procedural-procedural) basis of administrative liability includes the norms that determine the procedure for bringing a person to administrative liability and issuing a resolution on a case of an administrative offense in accordance with the procedure established by current legislation.

It is substantiated that the procedure for bringing a person to administrative liability and issuing a resolution on a case of an administrative offense in accordance with the procedure established by current legislation will differ significantly depending on which body considers the case and issues a resolution based on its consideration - a court or an administrative body. It is established that the procedural basis provides for the consideration and resolution of the case by a court, and the procedural basis – by an administrative body.

The practical significance of the distinction between procedural and procedural grounds is described using the example of Article 443 of the Code of Administrative Offenses. It is determined that in the case of an administrative offense provided for in Part 1 of Article 443 of the Code of Administrative Offenses, the case is considered by judges of district, city district, city or city district courts in accordance with the procedural norms of the Code of Administrative Offenses, and in the case of an administrative offense provided for in Part 2 of Article 443 of the Code of Administrative Offenses, administrative bodies in accordance with the provisions of the Code of Administrative Offenses, special legislation determining their status and powers, as well as the Law of Ukraine “On Administrative Procedure”.