General characteristics of crimes for violation of legislation in the field of domestic services

Authors

  • Oleksandr Svitlychnyi National University of Life and Environmental Sciences of Ukraine image/svg+xml
  • Alina Trokhymenko National University of Life and Environmental Sciences of Ukraine image/svg+xml

DOI:

https://doi.org/10.31548/law2021.01.018

Abstract

The article analyzes the current state of legislation, which provides for administrative liability for violations in the provision of consumer services in Ukraine. Attention is drawn to the fact that the main source of norms that establish administrative liability is the Code of Ukraine on Administrative Offenses. The concept of administrative misconduct is revealed by defining its main characteristics.

It is established that administrative offenses, where the object is public relations in the field of consumer services are contained in Chapter 12 «Administrative offenses in trade, catering, services, finance and business» (Articles 155, 155-1, 155 -2, 156-1, 164) and Chapter 13 «Administrative offenses in the field of standardization, product quality, metrology and certification» (Article 168-1) of the Code of Ukraine on Administrative Offenses.

Administrative offenses in the field of household services are analyzed by the structure of its composition, which contains the object, the objective side, the subject and the subjective side, which together determine the composition of the administrative offense (misdemeanor). The analysis of separate components of structure of structure of an administrative offense is analyzed. It is emphasized that the administrative torts analyzed in this way will contribute to a holistic systematic presentation of the substantive characteristics of administrative offenses and administrative liability for violations of legislation in the field of household services, which gave grounds to establish that in addition to the general subject, the subject of administrative liability individuals – business entities.

In order to improve the administrative-tort legislation, it is proposed to differentiate between administrative and legal norms that establish administrative liability in the field of consumer protection and the provision of household services.

Keywords: legislation, construction of services, violations, administrative responsibility

References

Svitlichnyy, O. (2010). Legal analysis of the definition and application of land liability as a special type of legal liability for violation of land legislation. Bulletin of the Ministry of Justice of Ukraine, 4–5: 139–145 (in Ukrainian).

Code of Ukraine on Administrative Offenses (1984): Law of Ukraine of 07.12. 1984 № 8073-X. Information of the Verkhovna Rada of Ukraine, 51, 1112 (in Ukrainian).

On consumer protection (1991): Law of Ukraine of 12.05.1991 № 1023-XII. Information of the Verkhovna Rada, 30, 379 (in Ukrainian).

On the use of registrars of settlement transactions in the field of trade, of public catering and services (1995): Law of Ukraine of July 6, 1995 № 265/95-BP. Information of the Verkhovna Rada, 28, 205 (in Ukrainian).

On approval of the rules of consumer services (1994): Resolution of the Cabinet of Ministers of Ukraine № 313 of 16.05.1994 (cedition of the resolution № 974 of 04.06.1999). Available at: http: // zakon. work. gov. ua / laws / show / 313-94-n (in Ukrainian).

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Published

2021-07-03

Issue

Section

Criminal Law and Criminal Process