CRIMINAL LIABILITY FOR VIOLATION OF QUARANTINE CONDITIONS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 39)Publication Date: 2021-05-31
Authors : Viunyk Maksym; Hurzhii Viktoriia; Boriichuk Sofiia;
Page : 69-75
Keywords : pandemic COVID-19; quarantine; crime; norm; rule; article; prevention; infectious diseases; law; spread; violation; criminal liability; legislation; criminal offense;
Abstract
The article is devoted to the criminal law changes in national legislation regarding the strengthening of criminal liability for violation of quarantine conditions during the COVID-19 pandemic. The content of Article 325 of the Criminal Code of Ukraine, which was amended after the Law of Ukraine dated March 17, 2020 No. 530-IX "On Amendments to Certain Legislative Acts of Ukraine, Aimed at Preventing the Emergence and Spread of Coronavirus Disease (COVID-19 ) " came into effect is examined in the paper . The shortcomings of this norm are also analyzed and the ways to eliminate them are suggested in the article. The essence of the disposition of Article 325 of the Criminal Code of Ukraine and the conditions, under which a person is prosecuted for unlawful acts, are revealed in the work. The composition of a criminal offense provided for by Article 325 of the Criminal Code of Ukraine, is analyzed by giving a detailed description of each particular element. In practice, difficulties are caused by the lack of systematization and the presence of an unlimited range of those normative legal acts to which this norm refers, because it has a blanket character. Therefore, a specific list of rules and regulations that must be violated has been proposed. Attention is also paid to the main changes that the article has undergone, since the sanction of its first part was strengthened and a new concept of "infectious diseases" was introduced instead of "infectious illnesses". The issues of the contradictory wording of the objective side of this criminal offense are tackled in the work. Actually, there are cases in which it is difficult to determine whether a person is subject to criminal liability exactly under Article 325 of the Criminal Code of Ukraine or not.
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Last modified: 2021-11-05 21:41:56