Quarantine as Administrative and Legal Regime: Theoretical Principles and Problems of Implementing the Article 44-3 of the Code of Ukraine on Administrative Offences

Author(s):

Mykola MartsunOrcid ID: 0000-0001-7215-9967

Published: 2023

Number of pages: 35-39

PDF file: 8-Mykola-Martsunr-_11_2023_p-35-39.pdf

Abstract

The article analyses quarantine as an administrative and legal regime, defining its key features and identifying problematic aspects of the application of Article 44-3 of the Code of Administrative Offences, with an emphasis on finding ways to improve administrative liability for violations of this regime and ensuring the unity and effectiveness of law enforcement. Methodology. The study is based on a legal analysis using historical, comparative and systematic approaches, which made it possible to trace the evolution of the concept of ‘quarantine’, identify the features of quarantine as an administrative and legal regime, problematic aspects of administrative liability for its violation, the search for ways to improve Article 44-3 of the Code of Administrative Offences, and ensuring the uniformity of law enforcement. Results. It has been established that quarantine is multidimensional in nature: historically, it combines medical, social and regulatory functions, while the modern understanding includes sanitary protection and administrative and legal aspects. It has been shown that quarantine in the administrative law system is a comprehensive legal regime with clear rules, procedures and enforcement measures that provide preventive, control and restrictive functions to protect public health. Problems with the application of Article 44-3 of the Code of Administrative Offences have been identified: the vagueness of the disposition, the excessive severity of sanctions and the lack of alternative measures, which reduces the effectiveness of administrative enforcement and creates risks of uneven law enforcement. It has been substantiated that improving the regulatory definition of quarantine and liability mechanisms, introducing proportionate sanctions and taking into account international experience will contribute to the uniformity of law enforcement and increase the effectiveness of public health protection.

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Quarantine as Administrative and Legal Regime: Theoretical Principles and Problems of Implementing the Article 44-3 of the Code of Ukraine on Administrative Offences

Abstract

References

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