Foreign experience of legal regulation for separate offenses administrative liability and the possibility of its application in Ukraine

M. Yu. Kriepakova

doi:10.32631/pb.2021.3.19

M. Yu. Kriepakova Kharkiv National University of Internal Affairs https://orcid.org/0000-0001-5705-5027

DOI: https://doi.org/10.32631/pb.2021.3.19

Keywords: administrative offense, administrative liability, minor legal protection.

Abstract

The scientific novelty of the study is that the research is one of the first works that analyzes foreign experience in legal liability for the involvement of a minor in the use of tobacco products, e-cigarettes, liquids used in e-cigarettes, devices for the consumption of tobacco products without their combustion, and uses the developed results to further improve the national legislation governing administrative liability in Ukraine. In accordance with the purpose and objectives of the study, the article uses a set of general theoretical and special scientific methods and techniques of scientific knowledge. Their use is due to a systematic approach, which makes it possible to explore problems in the unity of their social content and legal form. During the work on the article the methods of modeling, forecasting and others were used. The article analyzes the current state of legal regulation of administrative liability for involving a minor in antisocial behavior of such republics as Kazakhstan, Tajikistan, Belarus, Uzbekistan, Latvia. Based on the study, the ways of implementation of foreign experience in Ukraine are outlined, proposals for amendments to the Law of Ukraine "On state regulation of production and circulation of ethyl alcohol, cognac and fruit, alcoholic beverages, tobacco products, liquids used in electronic cigarettes and fuel" and the Code of Ukraine on Administrative Offenses, aimed at regulating the involvement of a minor in the use of tobacco products, electronic cigarettes, liquids used in electronic cigarettes, devices for consumption of tobacco products without their combustion, the implementation of which improves administrative legislation are formulated.

It is emphasized that these illegal actions against minors should entail legal liability. Addressing gaps in the legislation is one of the priority tasks facing administrative scientists.

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Author Biography

M. Yu. Kriepakova, Kharkiv National University of Internal Affairs

Candidate of Law.
Department of Police Activity and Public Administration (senior lecturer).

References

Balakirieva, O. M., Pavlova, D. M., Nhuien, N-M. K. et al. (2019). Smoking, alcohol and drug use among adolescents studying: prevalence and trends in Ukraine: according to the results of a 2019 study within the international project «European survey of students on alcohol and other drug use – ESPAD». Company Update.

Buhaichuk, K. L. (2021). Foreign experience of legal regulation of liability for insulting police officers and the possibility of its use in Ukraine. Law and Safety, 1(80), 13–20. https://doi.org/10.32631/pb.2021.1.01.

Buhaichuk, K., Varenia, N., Khodanovych, V., Kriepakova, M., & Seredynskyi, V. (2021). Legal aspects of migration regulation as a factor of national security. Entrepreneurship and Sustainability, 8(3), 402–419. https://doi.org/10.9770/jesi.2021.8.3(26).

Chyshko, K. (2020). Foreign experience of administrative and legal qualification of offenses. Entrepreneurship, Economy and Law, 3, 185–191. https://doi.org/10.32849/2663-5313/2020.3.31.

Degtyarova, I. V. (2011). The Comparative Analysis of the Foreign and Domestic Criminal Legislation which Establishes Responsibility for Use of the Juvenile Child in Begging. Forum Prava, 1, 246–249. http://nbuv.gov.ua/j-pdf/FP_index.htm_2011_1_45.pdf.

Gurzhii, T., Gurzhii, A., & Seliukov, V. (2018). Public Administration of Personal Data Protection in Modern Ukraine. In Politické vedy, 21(2), 138–158. http://doi.org/10.24040/politickevedy.2018.21.2.138-158.

Gusarov, S. M., Komziuk, A. T., & Salmanova, O. Yu. (2017). Some actual questions of reforming the institution of administrative responsibility. Forum Prava, 5, 112–119. http://doi.org/10.5281/zenodo.1193982.

Komziuk, A. T., & Lypiy, Ye. A. (2017). Administrative liability of legal entities: certain problems of legal regulation. Law and Safety, 2(65), 34–38.

Leheza, Ye., Tiutchenko, S., Stanina, O., Shatrava, S., & Rezanov, S. (2021). Land use and protection: legal regulation and foreign experience. Revista de la universidad del zulia, 12(33), 70–81. http://doi.org/10.46925//rdluz.33.06.

Muzychuk, O. M., Bezpalova, O. I., Rudoi, K. M., Kalenichenko, L. I. (2020). International experience of ensuring public safety and order by police forces during mass events and the possibility of its application in Ukraine. Amazonia Investiga, 9(25), 493–499.

Panova, O. O. (2018). Ensuring public safety in Ukraine: administrative and legal aspect. Panov.

Shestak, L. V. (2019). The circumstances aggravating administrative responsibility. Comparative and Analytical Law, 6, 359–362.

Tkachenko, V. D., Pohrebniak, S. P., & Lukianov, D. V. (2003). Comparative jurisprudence (V. D. Tkachenko, Ed.). Right.

Vashchenko, S., Riabchenko, Yu., Dzhafarova, O., Bila, V., & Aristova, I. (2019). Implementation of the Right to the Anti-corruption Expertise as a Strategy for the Protection of Business. Journal of Legal, Ethical and Regulatory Issues, 22(2). https://www.abacademies.org/abstract/implementation-of-the-right-to-the-anticorruption-expertise-as-a-strategy-for-the-protection-of-business-8449.html.

Veremiienko, S. V., & Shestak, L. V. (2018). Administrative responsibility of minors: problems of legal regulation and ways of their decision. Actual Problems of Juridical Science and Practice, 1(4), 47–51.