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DOI 10.37749/2308-9636-2020-6(210)-3

Agakarian R. S. Administrative responsibility for the violation of public order  and safety rules movement on railway transport.

Questions regarding qualification of administrative offences established under Art. 109 of the Code of Ukraine on Administrative Offences. Their implication  in the service sector of  JSC «Ukrainian railways»  is illustrated. Identified gaps in the legal regulation of administrative responsibility and rules of citizens’ behaviour  on  railway transport.

Over the past five years almost 20,000 offenses under Art. 109  of Code of Ukraine on Administrative Offenses were commited.

Their legal analysis is necessary for the correct application of the law provisions  that establish administrative responsibility and govern the relations that represent the object of these  offenses. As a result of analysis of the bodies  of administrative offences under the Art.109 of  Code of Ukraine on Administrative Offenses the deficiencies of legal regulation under administrative law of relations of responsibility and relations that constitute the objects of these offenses were identified. In Part 3 of Article 109, two offenses are represented, that differ by both — the object and the objective side. Use of different categories for the formulation of rules that affect the characteristics of both — objective and subjective sides of the offense under Part 6 of Article 109 of Code of Ukraine on Administrative Offenses, namely: «to place objects on rails», «to leave objects on the raiway tracks», «to put objects on railway tracks» complicates the qualification of this offence.

Key words: Administrative offences, the Ukrainian railway, the legal relations, the object, the objective side, the subject, the subjective side of the administrative offense, the placing objects on the railroad tracks.

 

References

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