According to the Ministry of Health of Ukraine, the number of infected people is increasing every day. In response to the pandemic, Ukraine, like most countries, has imposed strict quarantine and increased liability for violations of rules and prohibitions established to prevent epidemic and other infectious diseases.
As usual, business suffers first. According to the already known Article 44-3 of the Code of Ukraine on Administrative Offenses (KUpAP), it is noted that violation of the rules on quarantine of people entails a fine of one to two thousand non-taxable minimum incomes (from 17,000 UAH to 34,000 UAH). .) and for officials – from two to ten thousand non-taxable minimum incomes of citizens (from UAH 34,000 to UAH 170,000).
The state has strengthened administrative liability by introducing increased fines for violations of quarantine measures and sanitary and sanitary and anti-epidemic rules.
But, nevertheless, there are issues that are not fully understood.
Who is authorized to carry out inspections and draw up reports on administrative offenses? What are the main requirements for the protocol? Who can be drawn up a report in violation of Art. 44-3 КУпАП? When and how to appeal the actions of authorized persons?
Consider each issue separately.
Who is authorized to carry out inspections and draw up reports on administrative offenses?
According to Article 255 of the Code of Administrative Offenses, have the right to draw up reports on administrative offenses under Article 44-3 of the Code of Administrative Offenses:
- National Police,
- health authorities;
- bodies of the State Sanitary and Epidemiological Service;
- central executive body that implements state policy in the field of sanitary legislation, sanitary and epidemiological well-being of the population (except for the implementation of functions of state policy in the field of epidemiological surveillance (surveillance) and in the field of occupational health and functions of dosimetric control of workplaces and radiation doses of workers)
officials authorized to do so by executive committees (and in populated areas) points where there are no executive committees – executive bodies that exercise their powers) village, town, city councils.
When drawing up the report, the person who is prosecuted shall be explained his / her rights and obligations, which shall be noted in the protocol. right:
- provide explanations, submit evidence, file motions;
- use legal assistance from a lawyer or other legal professional in the case; translator,
- if he does not speak the language in which the proceedings are being conducted;
- to appeal the decision on cases.
A person who is held administratively liable may not be restricted in his or her right to receive professional legal assistance. It is guaranteed by Article 59 of the Constitution of Ukraine, according to which everyone is free to choose a defender of their rights (By decision of the HAC of May 23, 2017 K / 800/17264/17).
Article 268 of the Code of Administrative Offenses provides.
According to the rules of Article 271 of the Code of Administrative Offenses, a lawyer, another specialist in the field of law may be involved in the consideration of a case of an administrative offense. the law has the right to provide legal assistance in person or on behalf of a legal entity. These persons have the right to get acquainted with the case materials; to apply; on behalf of the person who invited him, on his behalf to file complaints against the decision of the body (official) considering the case, as well as have other rights under the laws of Ukraine.
The person who draws up the minutes, is obliged according to the current legislation to enter the following information, namely (according to the Order of the Ministry of Internal Affairs of Ukraine № 1376):
- date and place of its compilation, position, surname, name, patronymic of the person who drew up the report,
information about the person who is brought to administrative responsibility (if found);
- place, the time and nature of the administrative offense,
the normative act that provides for liability for the offense;
- the names, addresses of witnesses and victims, if any;
- explanation of the person being held administratively liable, other information necessary to resolve the case. If the offense caused material damage, this is also noted in the minutes.
The protocol is signed by the person who drew it up and the person who is brought to justice; in the presence of witnesses and victims, the protocol may also be signed by these persons. The person who is brought to administrative responsibility has the right to submit explanations and remarks on the content of the protocol, which are attached to the protocol, as well as to state the reasons for his refusal to sign it. to administrative responsibility, his rights and duties provided by article 268 Code of Administrative Offenses are explained, about what the note in the protocol becomes.
When drawing up a report for violation of quarantine, the essence of the violation (object, subject, objective and subjective side) must be indicated, ie who committed what actions the person committed, their qualifying features, the presence of intent.
If an administrative report is drawn up against you, you have the right to require the authorized person who draws up this report to answer the following questions.:
- What is the offense?
- Which of the violations under Part 1 of Art. 44-3 of the Code of Administrative Offenses Have you committed??
- Which legal act provides for your obligation to perform such actions and liability for failure to comply with this obligation?
Therefore, if an administrative report is drawn up against you, Yurisvest recommends:
- In no case do not refuse to sign the protocol.
- In case of disagreement with the drawing up of the protocol on an administrative offense, before signing it in the protocol it is possible to write: “I do not agree with the violation, written explanations will be submitted to court”.
- Take a copy of the protocol – REQUIRED.
However, for a full analysis of the situation, finding the necessary legal framework, it is necessary to consult a lawyer, because independent actions based on practice can only harm.