ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF ESTABLISHED RESTRICTIONS DURING THE MARTIAL LAW REGIME

Abstract

The article is devoted to the study of administrative responsibility for violation of established restrictions during the martial law regime. The work focuses on administrative responsibility for violating such restrictions as curfew and a special blackout regime. The authors conducted a legal analysis of the provisions of the draft Law of Ukraine "On Amendments to the Code of Ukraine on Administrative Offenses Regarding the Introduction of Administrative Liability for Violation of Established Restrictions under Martial Law". Reasonable changes and additions to it are proposed. Domestic judicial practice was also studied. It is supported by the court's position on bringing guilty persons to administrative responsibility under Article 185 of the Code of Ukraine on Administrative Offenses for failure to comply with the legal requirements of a police officer to stop curfew violations, and it is recommended to implement a proven algorithm of police actions in the event of a violation of the restrictions established during martial law. It is emphasized that the analyzed norms of the Draft Law have not been adopted by the Verkhovna Rada of Ukraine yet. Therefore, attention is focused on how the police should act in case of detection of a violation of the curfew and lightmasking regime, which are introduced on the territory of Ukraine or in some of its localities during the martial law. It was concluded that there is an urgent need to establish administrative responsibility for violating the established restrictions in wartime conditions. The need to develop a detailed legal framework to prevent the substitution of concepts and the use of legal loopholes in the judicial practice of appealing police decisions was emphasized, as well as the need to improve the procedural mechanisms for the implementation of the proposed material and legal norms.