THE CODE OF UKRAINE ABOUT ADMINISTRATIVE OFFENCES

of December 7, 1984 No. 8073-X

Section I. General provisions

Chapter 1. General provisions

Article 1. Tasks of the Code of Ukraine about administrative offenses

Task of the Code of Ukraine about administrative offenses is protection of the rights and freedoms of citizens, property, the constitutional system of Ukraine, the rights and legitimate interests of the companies, organizations and the organizations, the established law and order, legality strengthening, the prevention of offenses, education of citizens in the spirit of exact and steady observance of the Constitution and the laws of Ukraine, respect for the rights, honor and advantage of other citizens, to rules of the hostel, fair accomplishment of the obligations, social responsibility.

Article 2. Legislation of Ukraine on administrative offenses

The legislation of Ukraine on administrative offenses consists of this Code and other laws of Ukraine.

The laws of Ukraine on administrative offenses before their inclusion in accordance with the established procedure in this Code are applied directly.

Provisions of this Code extend also to administrative offenses, responsibility for which making is provided by the laws which are not included in the Code yet.

Questions of rather administrative responsibility for customs offense are regulated by the Customs code of Ukraine.

Article 3.

Article 3 is excluded according to the Law of Ukraine of 05.04.2001 No. 2342-III

Article 4.

 Article 4 is excluded according to the Law of Ukraine of 05.04.2001 No. 2342-III

Article 5. Powers of local councils on decision making for which violation the administrative responsibility is provided

Village, settlement, city, regional councils have the right to accept in the limits determined by the laws, the decisions concerning fight against natural disaster and epidemics providing for their violation the administrative responsibility, and also decisions concerning fight against epizooty for which violation responsibility is stipulated in Clause the 107th of this Code.

Village, settlement, city councils are established according to the legislation of the rule for which violation the administrative responsibility is provided by Articles 152, 159 and 182 of this Code.

Article 6. Prevention of administrative offenses

Executive bodies and local government bodies, public organizations, labor collectives are developed and perform the actions directed to the prevention of administrative offenses, identification and elimination of the reasons and conditions promoting their making on education of citizens in the spirit of high consciousness and discipline, strict observance of the laws of Ukraine.

Local government bodies, local public administrations, providing according to the Constitution of Ukraine of compliance with laws, protection of the state and public order, the rights of citizens, coordinate work of all state and public bodies on the prevention of administrative offenses in the territory, direct activities of the administrative commissions and other bodies accountable to them designed to combat administrative offenses.

Article 7. Law enforcement in case of application of corrective actions for administrative offenses

Nobody can be subjected to corrective action in connection with administrative offense differently as on the bases and according to the procedure, established by the law.

Production in cases on administrative offenses is performed based on strict observance of legality.

Application by the bodies authorized on that and officials of measures of administrative influence is performed within their competence, in strict accordance with the law.

Observance of requirements of the legislation in case of application of corrective actions for administrative offenses is provided with systematic control from higher bodies and officials, the appeal right, other methods established by the law.

The prosecutor exercises supervision of compliance with laws in case of application of corrective actions for administrative offenses by realization of powers on supervision of compliance with laws in case of application of the measures of forced nature connected with restriction of personal liberty of citizens.

Article 8. Operation of the law on responsibility for administrative offenses

Person who made administrative offense is subject to responsibility based on the law existing in time and in the place of making of offense.

The laws mitigating or canceling responsibility for administrative offenses have retroactive force, i.e. extend also to the offenses made to the publication of these laws. The laws establishing or strengthening responsibility for administrative offenses have no retroactive force.

Production in cases on administrative offenses is conducted based on the law existing in time and in the place of consideration of the case about offense.

Section II. Administrative offense and administrative responsibility

I. General part

Chapter 2. Administrative offense and administrative responsibility

Article 9. Concept of administrative offense

Administrative offense (offense) action or failure to act for which the law provides the administrative responsibility is recognized encroaching on public order, property, the rights and freedoms of citizens, on established procedure of management illegal, guilty (intentional or careless).

The administrative responsibility for the offenses provided by this Code comes if these violations in character do not involve according to the law of criminal liability.

Article 10. Making of administrative offense is intentional

The administrative offense is recognized committed intentionally if person who made it, realized illegal nature of the action or failure to act, provided its harmful effects and wished them or consciously allowed approach of these effects.

Article 11. Making of administrative offense on imprudence

The administrative offense is recognized committed on imprudence when person which made it expected possibility of approach of harmful effects of the action or failure to act, but thoughtlessly expected their prevention or did not expect possibility of approach of such effects though it shall and could provide them.

Article 12. Age on reaching which there comes the administrative responsibility

Persons which reached by the time of making of administrative offense of sixteen-year age are subject to the administrative responsibility.

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