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.
- The Code of the Ukrainian SSR on Administrative Offences. Information of the Supreme Soviet of Ukrainian SSR. 1984, Annex to No 51, Art. 1122.
- About railway transport: Law of Ukraine of July 4, 1996 no 273/96-ВР. Gazette of Verkhovna Rada of Ukraine No. 40 of 1996, Art. 183.
- Safety regulations of citizens on rail transport of Ukraine: Order of Ministry of Transport of Ukraine of 19.02.98 No. 54. URL: https://zakon.rada.gov.ua/laws/show/z0193-98.
- Rules of citizens’ behaviour on railway transport: Resolution of the Cabinet of Ministers of Ukraine of November 10, 1995 No. 903. URL: https://Zakon. Rada. Gov. Ua/laws/Show/903-95-P.
- About motor vehicles: Law of Ukraine of 05.04 2001, 3 2344-III. Gazette of Verkhovna Rada of Ukraine No. 22 of 2001, Art. 105.
- Administrative Responsibility (general provisions and violations in the drug trafficking: Learning guide under gen.editorship of Prof. I. Golosnichenko. Kyiv: KIIA, 2002, 141 p.
- Law of Ukraine on Environmental protection of 25.06.1991, No 1264-XII. Gazette of Verkhovna Rada Of Ukraine No. 41 of 199, Art. 546.
- Rules of citizens’ behaviour on railway transport: Resolution of the Cabinet of Ministers of Ukraine No. 903 of November 10, 1995. URL: https://Zakon. Rada. Gov. Ua/laws/Show/903-95-P (accessed date: 03.04.2020).
- Traffic Rules: Resolution of the Cabinet of Ministers of Ukraine No. 1306 of October 10, 2001. URL: https://Zakon. Rada. Gov. Ua/laws/Show/1306-2001-P (accessed date: 03.04.2020).
- Regulations on Loading and Securing of Cargo. Issued according to Railroad Regulationd of USSR (as amended by January 1, 1989). M.: Transport, 1990. 408 p.
- Shipping Rules: Order of the Ministry of Transport of Ukraine No. 644 of November 21, 2000. Official Gazette of Ukraine No. 48, 2000, Art. 2108.
- On Approval of Amendments to Some Regulations of the Ministry of Transport of Ukraine: Order of the Ministry of Infrastructure of Ukraine No. 513 of October 14, 2014. URL: http://search.ligazakon.ua/l_doc2.nsf/link1/RE26172.html (accessed date: 03.04.2020).
- Ukrainian Dictionary. Academic Definition Dictionary (1970 – 1980). URL: http://sum.in.ua/s/pidkladaty (accessed date: 03.04.2020).
- Letter of the Department of Economic and Information security of JSC « Ukrainian railways» of 30.03.2020, No. 215-27/6.