of December 7, 1984 No. 8073-X
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.
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 is excluded according to the Law of Ukraine of 05.04.2001 No. 2342-III
Article 4 is excluded according to the Law of Ukraine of 05.04.2001 No. 2342-III
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.
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.
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.
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.
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.
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.
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.
Persons which reached by the time of making of administrative offense of sixteen-year age are subject to the administrative responsibility.
To persons the age from sixteen to eighteen years, made administrative offenses, applies corrective actions, the stipulated in Article 24-1 this Code.
In case of making by persons aged from administrative offenses, sixteen till eighteen years, provided by Articles 44, of 51, 121 - 127, parts one, the second and third Article 130, Article 139, Article part two 156, Articles 173, 173-4, 174, 183-1, 185, 190 - 195 these Codes, they are subject to the administrative responsibility in accordance with general practice. Taking into account nature of committed offense and the identity of the offender to specified persons (except for persons who made offense stipulated in Article 185) corrective actions, the stipulated in Article 24-1 this Code can be applied.
Officials are subject to the administrative responsibility for the administrative offenses connected with non-compliance with statutory rules in the field of protection of procedure for management, the state and public order, the nature, health of the population and other rules which ensuring accomplishment belongs to their service duties.
To the administrative responsibility for offenses in the field of safety of traffic in case of their fixing by the special technical means working in the automatic mode having functions photo and filmings, videos or means photo and filmings, videos are attracted owners (co-owners) of vehicles.
In the presence of the circumstances testimonial of making of the violation provided by part one of this Article, other person, the owner (co-owner) of the vehicle can within ten days from the date of delivery to it resolutions on imposing of penalty report about the corresponding circumstances (the vehicle was in ownership or use of other person, was disposed from its ownership owing to illegal actions of other persons and so forth) to body (official) which issued the decree on imposing of administrative punishment. For examination and check of these circumstances accomplishment of the resolution on imposing of administrative punishment stops until establishment of person who made this offense.
The administrative responsibility for the offenses in the field of traffic safety fixed in the automatic mode or for abuse of regulations of stop, parking, parkings of vehicles fixed in the mode of photographing (video) (by means of the technical means allowing to perform photographing or video also function according to the legislation on information security in information and telecommunication systems), is born by the responsible person - physical person or the head of the legal entity behind which the vehicle and if data of rather proper user of the corresponding vehicle are entered in the Unified state register of vehicles is registered, - the proper user of the vehicle and if in the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming are absent at the time of request of the information about the head of the legal entity behind which the vehicle is registered, - person performing powers of the head of such legal entity. If the vehicle is registered outside the territory of Ukraine and such vehicle according to the legislation is not subject to state registration in Ukraine, to the administrative responsibility for the offenses in the field of traffic safety fixed in the automatic mode or for abuse of regulations of stop, the parking, the parkings of vehicles fixed in the mode of photographing (video) person who imported such vehicle on the territory of Ukraine is involved.
The responsible person specified in parts one of this Article, or person who imported the vehicle on the territory of Ukraine is exempted from liability for the administrative offenses in the field of traffic safety fixed in the automatic mode or for abuse of regulations of stop, the parking, the parkings of vehicles fixed in the mode of photographing (video), in cases, stipulated in Article 279-3 of this Code.
Note. The mode of photographing (video) provides implementation by the authorized officer of photo/video fixing of circumstances of abuse of regulations of stop, the parking or parking of vehicles, namely: dates, time (moment), the location of the vehicle in relation to immovable objects and/or geographical coordinates, other signs of availability of structure of the administrative offense provided by the relevant article of the Special part of this Code. When implementing photographing availability at least two images of the vehicle received from different or opposite foreshortenings, and in case of fixing of violation which consists in non-payment of cost of services in use of the platform for the paid parking within the settlement in which the automated control system of payment of the parking is not implemented is obligatory, availability of the additional image (images) which fixes lack of the document on fee on use of the platform for the paid parking under vehicle windshield is obligatory.
The procedure for entering of data of rather proper user of the vehicle into the Unified state register of vehicles which holder is the Ministry of Internal Affairs of Ukraine is established by the Cabinet of Ministers of Ukraine.
The administrative responsibility for the offenses in the field of safety on road transport provided by part two of Article 132-1 of this Code is born by the responsible person - physical person or the head of the legal entity behind which the vehicle and if the information about the proper user of the corresponding vehicle - the proper user of the vehicle is entered in the Unified state register of vehicles is registered and if in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming are absent at the time of request of the information about the head of the legal entity behind which the vehicle is registered, - person performing powers of the head of such legal entity.
If the vehicle is registered outside the territory of Ukraine and such vehicle according to the legislation is not subject to state registration in Ukraine, person who imported such vehicle on the territory of Ukraine is involved in the administrative responsibility for the offenses in the field of safety on road transport fixed in the automatic mode.
The responsible person specified in parts one of this Article, or person who imported the vehicle on the territory of Ukraine is exempted from liability for the administrative offenses in the field of safety on road transport fixed in the automatic mode, in cases, stipulated in Article 279-7 these Codes.
Military personnel persons liable for call-up and reservists during passing of charges, and also faces of the private and leading structures of the Public criminal and executive service of Ukraine? services of civil protection and Public service of special communication and information security of Ukraine, police officers bear responsibility for administrative offenses under disciplinary charters. For abuses of regulations, the regulations and standards concerning safety of traffic, sanitary standards, rules of hunting, fishery and protection of fish inventories, customs rules, making of the offenses connected with corruption, violation of silence in public places, unauthorized use of state-owned property, illegal storage of special technical means of secret receipt of information, rejection of measures for private determination of court, evasion from accomplishment of legal requirements of the prosecutor, violation of the law about the state secret, violation of accounting treatment, storage and use of the documents and other material data carriers containing office information these persons bear the administrative responsibility in accordance with general practice. Social jobs, corrective works and administrative detention cannot be applied to specified persons.
Others, except noted in part one of this Article, person to whom operation of disciplinary charters or special regulations on discipline extends, in the cases which are directly provided by them bear for making of administrative offenses disciplinary responsibility, and in other cases the administrative responsibility in accordance with general practice.
The part three is excluded.
In case of road traffic offense by transport drivers of the Armed Forces of Ukraine or other military forming and the Public special service of transport formed according to the laws of Ukraine - the military personnel of conscription service, and also making of the military administrative offenses provided by Chapter 13-B of this Code penalty as administrative punishment by them to them it is not applied. In the cases specified in this Article, bodies (officials) which are granted the right to impose administrative punishments transfer materials about offense to relevant organs for permission of question of involvement of guilty persons to disciplinary responsibility.
Military personnel, and also persons liable for call-up and reservists during passing of charges bear the responsibility provided by Chapter 13-B of this Code for making of military administrative offenses under condition if these offenses do not involve criminal liability.
The foreigners and stateless persons which are in the territory of Ukraine are subject to the administrative responsibility in accordance with general practice with citizens of Ukraine. Questions of responsibility for the administrative offenses made in the territory of Ukraine by foreigners who according to current laws and international treaties of Ukraine use immunity from administrative jurisdiction of Ukraine are permitted in the diplomatic way.
The person which was acting in condition of emergency, justifiable defense or being in diminished responsibility condition is not subject to the administrative responsibility.
The action though provided by this Code or other laws establishing responsibility for administrative offenses, but made in emergency condition i.e. for elimination of danger which threatens the state or public order, property, the rights and freedoms of citizens, established procedure of management if this danger could not be under these circumstances eliminated with other means is not administrative offense and if the damage suffered is less considerable, than the harm prevented.
Action which though is provided by this Code or other laws which establish responsibility for administrative offenses, but made in condition of justifiable defense, i.e. in case of protection of the state or public order, property, the rights and freedoms of citizens, established procedure of management against illegal encroachment by causing encroaching harm is not administrative offense if at the same time exceeding of borders of justifiable defense was not allowed.
Exceeding of borders of justifiable defense explicit discrepancy of protection to nature and public harm of encroachment is recognized.
Person who during making of illegal action or failure to act was in diminished responsibility condition is not subject to the administrative responsibility, i.e. could not realize the actions or direct them owing to chronic sincere disease, temporary disorder of sincere activities, weak-mindedness or other disease state.
Person who made administrative offense except the official, is exempted from the administrative responsibility with transfer of materials for consideration of public organization or labor collective if taking into account nature of committed offense and face of the offender it is reasonable to apply community sanction to it.
About the community sanctions applied to persons who made offenses, stipulated in Article 51, Article part one 129, parts one and the second Article 130, Articles 156, of 173, of 176, of 177, 178-180 these Codes, the owner of the company, organization, organization or the body authorized by it, or public organization shall no later than ten-day term from the date of receipt of materials notify the body (official) which directed materials.
In case of insignificance of committed administrative offense body (official), the representative to solve case, can exempt the violator from the administrative responsibility and be limited to the oral note.
Administrative punishment is measure of responsibility and is applied for the purpose of education of person who made administrative offense in the spirit of compliance with laws of Ukraine, respect for rules of the hostel, and also the prevention of making of new offenses by both the offender, and other persons.
For making of administrative offenses such administrative punishments can be applied:
1) prevention;
2) penalty;
2-1) penalties points;
3) paid withdrawal of subject which became the tool of making or direct object of administrative offense;
4) confiscation: subject which became the tool of making or direct object of administrative offense; the money received owing to making of administrative offense;
5) deprivation of the special right granted to this citizen (the rights of control of vehicles, the hunting rights).
Deprivation of the right to hold certain positions or to be engaged in certain activities;
5-1) social jobs;
6) corrective works;
6-1) socially useful works;
7) administrative detention;
8) arrest with content on guardroom.
Also others can be established by the laws of Ukraine, except specified in this Article, types of administrative punishments.
By the laws of Ukraine administrative expulsion out of limits of Ukraine of foreigners and stateless persons for making of the administrative offenses which are roughly breaking law and order can be provided.
For making of administrative offenses the following corrective actions can be applied to minors aged from sixteen up to eighteen years:
1) obligations publicly or in other form to ask apology for the victim;
2) prevention;
3) reprimand or serious reprimand;
4) transfer of the minor under supervision to the parents or persons replacing them or under supervision to pedagogical or labor collective from their consent, and also to certain citizens at their request.
Paid withdrawal, confiscation of objects and deprivation of the right of control of vehicles can be applied as the main, and additional administrative punishments; deprivation of the right to hold certain positions or to be engaged in certain activities - only as additional, other administrative punishments specified in Article part one 24 of this Code can be applied only as the main.
For one administrative offense the main or main and additional penalty can be imposed.
The prevention as measure of administrative punishment is taken out in writing. In the cases provided by the law the prevention is fixed by other established method.
The penalty is cash collection which is imposed on citizens, official and legal entities for administrative offenses in the cases and the size established by this Code and other laws of Ukraine.
The penalty for the offenses in the field of traffic safety fixed in the automatic mode can be imposed on the citizen after use of points by it, stipulated in Article 27-1 of this Code.
Penal points are the collection imposed on citizens for the offenses in the field of traffic safety fixed in the automatic mode, established by this Code.
To each citizen who has the right of vehicle control annually since the beginning of year (from the date of receipt of the right of vehicle control) and 150 points are until the end of the year charged.
In case of fixing of offense in the field of safety of traffic in the automatic mode from total quantity of points of the citizen who made offense the number of the penal points provided by the relevant article of the Special part of this Code is calculated.
If the amount of collection in the form of penal points exceeds remaining balance of points of the citizen, penal points are imposed according to remaining balance, irrespective of the size of the penal points specified in the relevant article of the Special part of this Code.
Paid withdrawal of the subject which was the tool of making or direct object of administrative offense consists in its forced withdrawal by a court decision and the subsequent realization with transfer of the realized sum to the former owner less selling expenses of the withdrawn subject.
The procedure for application of paid withdrawal and types of the objects which are subject to withdrawal are established by this Code and other laws of Ukraine.
Confiscation of subject which became the tool of making or direct object of administrative offense consists in the forced non-paid address of this subject to property of the state by a court decision. Only the subject which is in private property of the violator can be confiscated if other is not provided by the laws of Ukraine.
Confiscation of firearms, other tools of hunting and ammunition cannot be applied to people for whom hunting is the main source of existence.
The procedure for application of confiscation, the list of the objects which are not subject to confiscation are established by this Code and other laws of Ukraine.
Deprivation of the right of hunting granted to this citizen is applied for a period of up to three years for gross or systematic violation of procedure for use of this right.
Deprivation of the right of control of vehicles granted to this citizen is applied for a period of up to three years for gross or further violation of procedure for use of this right or for a period of up to ten years for systematic violation of procedure for use of this right.
Deprivation of the right of control of automobiles cannot be applied to persons who use these means in connection with disability, except as specified managements in condition of alcoholic, drug or other intoxication or under the influence of the medicines reducing their attention and speed of reaction and also in case of failure to meet requirement of the police officer about vehicle stop, leaving in defiance of requirements of statutory rules of the place of the road accident which members they are evasion from survey on availability of alcoholic, drug or other intoxication or concerning stay under the influence of the medicines reducing their attention and speed of reaction.
Deprivation of the right of hunting cannot be applied to persons for whom hunting is the main source of existence.
Deprivation of the right to hold certain positions or to be engaged in certain activities is appointed by court for a period of six months up to one year irrespective of whether it is provided in the sanction of Article (the sanction of part of Article) of the Special part of this Code when taking into account nature of the offense made on position of person who made administrative offense and other facts of the case the court recognizes impossible preserving the right behind it to hold certain positions or to be engaged in certain activities.
Deprivation of the right to hold certain positions or to be engaged in certain activities is appointed by court for a period of one year when it is specially provided by the relevant article (the sanction of part of Article) of the Special part of this Code.
Social jobs consist in accomplishment by person who made administrative offense in time of unpaid socially useful works, free from work or study, which type is determined by local government bodies.
Social jobs are appointed district, district in the city, by city or gorrayonny court (judge) for a period of twenty till sixty o'clock and no more than four hours a day are performed.
Social jobs are not appointed to persons recognized as disabled people of the first or second group, to expectant mothers, women, 55 years and to men are more senior, 60 years are more senior.
Corrective works are applied for a period of up to two months with their serving in the place of permanent job of person which made administrative offense, and with deduction to twenty percent of its earnings in the income of the state. Corrective works are appointed district, district in the city, by city or gorrayonny court (judge).
Socially useful works consist in accomplishment by person who made administrative offense, paid works which type and the list of objects on which violators shall perform these works determines relevant organ of local self-government.
Socially useful works are appointed district, district in the city, by city or district court (judge) for a period of hundred twenty till three hundred sixty o'clock and no more than eight hours, and minors - no more than two hours a day are carried out.
Socially useful works are not appointed to persons recognized as disabled people of I or II groups, to expectant mothers, to women 55 years are more senior and to men 60 years are more senior.
Administrative detention is established and applied only in exceptional cases for separate types of administrative offenses for a period of up to fifteen days. Administrative detention is appointed district, district in the city, by city or gorrayonny court (judge).
Administrative detention cannot be applied to expectant mothers, women who have children age up to twelve years, to persons who did not reach eighteen years, to disabled people of the first and second groups.
Arrest with content on guardroom is established and applied only in exceptional cases for separate types of military administrative offenses for a period of up to ten days. Arrest with content on guardroom is appointed district, district in the city, by city or district court (judge).
Arrest with content on guardroom cannot be applied to the female military personnel.
Collection for administrative offense is imposed in the limits established by this Code and other laws of Ukraine.
When imposing collection nature of committed offense, the identity of the violator, the degree of his fault, property status, circumstances mitigating and aggravating responsibility except cases of imposing of collection for the offenses in the field of traffic safety including fixed in the automatic mode and for abuse of regulations of stop, the parking, the parkings of vehicles fixed in the mode of photographing (video) are considered. Features of imposing of collection by hearing of cases without participation of person brought to the administrative responsibility for the offenses in the field of traffic safety fixed in the automatic mode and for the abuse of regulations of stop, parking, parkings of vehicles fixed in the mode of photographing (video) are established by Articles 279-1 - 279-4 of this Code.
The circumstances mitigating responsibility for administrative offense are recognized:
1) sincere repentance of the guilty person;
2) prevention by the guilty person of harmful effects of offense, voluntary compensation of damage or elimination of damage suffered;
3) making of offense under the influence of heat passion or in case of confluence of difficult personal or family circumstances;
4) making of offense by the minor;
5) making of offense by the expectant mother or woman who has the child age up to one year.
By the laws of Ukraine also other circumstances mitigating responsibility for administrative offense can be provided. The body (official) solving case on administrative offense can recognize mitigating and the circumstances which are not specified in the law.
The circumstances aggravating responsibility for administrative offense are recognized:
1) continuation of delinquent behavior, despite requirements of persons authorized on that to stop it;
2) making of homogeneous offense, repeated within year, for which person was already exposed to administrative punishment; making of offense by person who made criminal offense earlier;
3) involvement of the minor in offense;
4) making of offense group of persons;
5) making of offense in the conditions of natural disaster or in case of other force majeure;
6) making of offense in state of intoxication. The body (official) imposing administrative punishment depending on nature of administrative offense can not recognize this circumstance aggravating.
When making by one person of two or more administrative offenses administrative punishment is imposed for each offense separately.
If person made several administrative offenses, cases on which are at the same time considered by the same body (official), penalty is imposed within the sanction established for more serious offense from among committed. One of the additional penalties provided by responsibility clauses for any of committed offenses in this case can be attached to the main collection.
The term of administrative detention is estimated for days, corrective works - months or days, deprivation of the special right - years, months or days.
Administrative punishment can be imposed not later than in two months from the date of making of offense, and in case of the proceeding offense - not later than in two months from the date of its identification, except as specified, when cases on administrative offenses according to this Code are subordinated to court (judge).
If cases on administrative offenses according to this Code or other laws are subordinated to court (judge), penalty can be imposed not later than in three months from the date of making of offense, and in case of the proceeding offense - not later than in three months from the date of its identification, except cases on administrative offenses, specified in parts three and the fourth this Article.
Administrative punishment for making of the offense connected with corruption, and also the offenses provided by Articles 164-14, 212-15, 212-21 of this Code can be imposed within three months from the date of its detection, but no later than two years from the date of its making.
Administrative punishment for making of the offenses provided by Articles 204-1 and 204-2 of this Code can be imposed within three months from the date of their detection, but no later than year from the date of their making, and in case of making of such offenses by foreigners or stateless persons on which in the procedure established by the law the decision on forced return or exclusion from Ukraine - during the time necessary for their departure from Ukraine is made, but no later than the term determined by the law for departure of these persons from Ukraine or ensuring their exclusion from Ukraine.
In case of closing of criminal proceedings, but in the presence in actions of the violator of signs of administrative offense, administrative punishment can be imposed not later than in month from the date of decision making about closing of criminal proceedings.
If person subjected to administrative punishment within year from day of the end of execution of collection did not make new administrative offense, then this person is considered not being exposed to administrative punishment.
In case of making of domestic violence or violence on the basis of sex the court in case of the solution of question of imposing of collection for administrative offense has the right to resolve at the same time issue of the direction of person who committed domestic violence or violence on the basis of sex on passing of the program for such persons provided by the Law of Ukraine "About prevention and counteraction to domestic violence" or the Law of Ukraine "About providing the equal rights and opportunities of women and men"
If as a result of making of administrative offense property damage is caused to the citizen, the company, organization or the organization, then the administrative commission, executive body of village, settlement, city council during permission of question of imposing of collection for administrative offense has the right at the same time to resolve issue of compensation by the guilty person of property damage if its amount does not exceed two tax-free minima of the income of citizens, and the judge district, district in the city, city or gorrayonny court - irrespective of the extent of damage, except the cases provided by part two of this Article.
When harm is done by the minor who reached sixteen years and has independent earnings, and the amount of harm does not exceed one tax-free minimum of the income of citizens, the judge has the right to assign to the minor of compensation of the caused damage or to oblige to eliminate with the work it.
In other cases the question of compensation of the property damage caused by administrative offense is solved according to the procedure of civil legal proceedings.
Court fee in proceeedings about administrative offense in case of pronouncement by court (judge) of the resolution on imposing of administrative punishment is paid by face on who it is put such collection.
The size and payment procedure of the state fee is established by the law.
Violation of fixed terms of pension payment, grants, the salary, their payment not in full, the term of provision by officials of the companies, organizations, organizations irrespective of pattern of ownership and physical persons - entrepreneurs to workers, including former, according to their requirement of documents concerning their labor activity at this company, in organization, the organization or at the physical person - the entrepreneur, necessary for the award of pension (about years of service, the salary, etc.) determined by the Law of Ukraine "About the address of citizens" or provision of the specified documents containing doubtful data, violation of term of carrying out certification of workplaces under the terms of work and procedure for its carrying out and also other violations of requirements of the legislation on work -
attract imposing of penalty on officials of the companies, organizations and organizations irrespective of pattern of ownership and citizens - subjects of business activity from thirty to hundred free minima income of citizens.
Making of violation, repeated throughout the year, provided by part one of this Article for which person was already exposed to administrative punishment or the same acts made concerning the minor, the expectant mother, the lonely father, mother or person who replaces them and brings up the child aged up to 14 years or the handicapped child, -
attract imposing of penalty on officials of the companies, organizations and organizations irrespective of pattern of ownership and citizens - subjects of business activity from hundred to three hundred free minima income of citizens.
The actual admission of the worker to work without execution of the employment contract (contract), the admission to work of the foreigner or stateless person and persons on whom the decision on document creation for the solution of question of provision of the status of the refugee is made, on the terms of the employment contract (contract) without the permission for application of work of the foreigner or stateless person -
attract imposing of penalty on officials of the companies, organizations and organizations irrespective of pattern of ownership, physical persons - entrepreneurs who use wage labor, from five hundred to one thousand free minima of the income of citizens.
Making of violation, repeated throughout the year, provided by part three of this Article for which person was already subjected to administrative punishment, -
attracts imposing of penalty on officials of the companies, organizations and organizations irrespective of pattern of ownership, physical persons - entrepreneurs who use wage labor, from one thousand to two thousand free minima of the income of citizens.
Violation of requirements of legal and other regulations about labor protection, except the violation provided by part six of this Article -
attracts imposing of penalty on workers from four to ten free minima income of citizens and on officials of the companies, organizations, organizations irrespective of patterns of ownership and citizens - subjects of business activity - from twenty to forty free minima income of citizens.
Violation of established procedure of the notification (provision of information) to the central executive body realizing state policy in the field of labor protection about labor accident -
attracts imposing of penalty on officials of the companies, organizations, organizations irrespective of pattern of ownership, physical persons - entrepreneurs who use wage labor, and on the physical persons who do not have the status of entrepreneurs and use wage labor, from twenty to fifty free minima income of citizens.
Violation of the guarantees established by the law and privileges to the workers involved to fulfillment of duties, provided by the laws of Ukraine "About conscription and military service", "About alternative (not military) service", "About mobilization preparation and mobilization" -
attracts imposing of penalty on officials of the companies, organizations and organizations irrespective of pattern of ownership and physical persons entrepreneurs who use wage labor, from fifty to hundred free minima income of citizens.
Evasion of persons who represent owners or the bodies or labor unions or other representatives authorized by them labor collective bodies, representatives of labor collectives from participation in negotiations on the conclusion, change or amendment of the collective agreement, the agreement, intentional violation of the starting date of such negotiations established by the legislation or failure to provide of work of the commissions of agents of the parties or to the conciliatory commissions to the time determined by the parties of negotiations
attracts imposing of penalty from three to ten tax-free minima income of citizens.
Violation or non-execution of obligations of rather collective agreement, agreement by persons representing owners or the bodies or labor unions or other representatives authorized by them labor collective bodies, or representatives of labor collectives
attracts imposing of penalty from fifty to hundred not taxable minima income of citizens.
Failure to provide by persons representing owners or the bodies or labor unions authorized by them or other representatives labor collective bodies, representatives of labor collectives of information necessary for conducting collective bargainings and control of accomplishment of collective agreements, agreements
involves imposing of penalty from one to five tax-free minima of the income of citizens.
Violation of sanitary standards,
attracts imposing of penalty on citizens from one to twelve not taxable minima of the income of citizens and on officials - from six to twenty five not taxable minima income of citizens.
Production, procurement, realization of the agricultural products containing remedies of plants, stimulators of their growth, mineral fertilizers and other chemical medicines over maximum permissible levels of concentration
attracts imposing of penalty on citizens from three to seven not taxable minima income of citizens with confiscation of the specified products or without such and on officials - from five to eight not taxable minima income of citizens with confiscation of the specified products or without such.
Procurement, conversion with sales objective or sale of food or other products, it is radioactive the contaminated over the levels which are allowed, in the absence of signs of the act provided by the Criminal code of Ukraine
attracts imposing of penalty on citizens in the amount of eight to twenty five not taxable minima income of citizens with confiscation of the specified products or without that and on officials - from fifteen to fifty not taxable minima income of citizens with confiscation of the specified products or without that.
Voided according to the Law of Ukraine of 22.07.2014 No. 1602-VII
Sale of medicines in pharmaceutical institutions without recipe in the cases prohibited by the legislation -
involves imposing of penalty from six to twenty five free minima income of citizens.
Making of violation, repeated throughout the year, provided by part one of this Article for which person was already subjected to administrative punishment, -
involves imposing of penalty from twenty five to seventy free minima income of citizens.
Article 43 is excluded according to the Law of Ukraine of 23.12.1998 No. 352-XIV
Illegal production, acquisition, storage, transportation, transfer of drugs or psychotropic substances without sales objective in small sizes
involves imposing of penalty from twenty five to fifty tax-free minima income of citizens or social jobs for a period of twenty till sixty o'clock or administrative detention for a period of up to fifteen days.
Person who voluntarily handed over drugs or psychotropic substances which it had in small sizes and which it made acquired, stored, transported, sent without sales objective, is exempted from the administrative responsibility for the actions provided by this Article.
Note. The small size of drugs and Psychotropic substances is determined by the central executive body providing forming of state policy in the field of health care together with the central executive body providing forming of state policy in the field of the address of drugs, psychotropic substances, their analogs and precursors, counteractions to their illegal address.
Evasion of person sick with drug addiction, from medical examination on availability of drug intoxication
involves imposing of penalty from ten to twenty five not taxable minima income of citizens.
Evasion of person abusing drugs or psychotropic substances from physical examination
involves imposing of penalty from twenty five to fifty tax-free minima income of citizens.
Violation of the restrictions set for health and pharmaceutical workers during implementation of professional activity by them -
involves imposing of penalty in the amount of three hundred free minima of the income of citizens.
The same actions made repeatedly for year after imposing of administrative punishment for the violations provided by part one of this Article -
involve imposing of penalty in the amount of one thousand two hundred free minima of the income of citizens.
Evasion from inspection of persons concerning whom there are sufficient data that they are sick on venereal disease or from treatment of persons which were in contact with patients with venereal disease and need preventive treatment, proceeding after the prevention made by it bodies of health care
attracts imposing of penalty from three to five not taxable minima income of citizens.
Violation of established procedure of capture, conversion, storage, realization and use of donor blood and (or) its components and medicines, procedure for control of safety and quality of donor blood, its components, medicines and the corresponding preserving solutions, procedure for exchange of donor blood, its components and medicines and export them out of limits of Ukraine, procedure for physical examination of the donor before blood donation and its components
attracts imposing of penalty from three to seven not taxable minima income of citizens.
Intentional concealment by patients with venereal disease of source of infection and persons which were in contact with these patients
attracts imposing of penalty from three to seven not taxable minima income of citizens.
Violation of requirements of the mode of radiation safety in specially certain zone of radiation pollution that is expressed in penetration into this zone without the permission of relevant organs or the unauthorized settlement in it, or destruction, damage or transfer of signs of radiation pollution or barrier of the specified zone,
involves imposing of penalty on citizens from twenty to thirty tax-free minima income of citizens with confiscation of tools of making of offense and on officials - from twenty five to thirty tax-free minima income of citizens with confiscation of tools of making of offense.
Violation of the requirements established by the legislation concerning occupation traditional medicine (healing)
involves imposing of penalty from fifty to hundred fifty tax-free minima income of citizens.
Unauthorized use of natural resources, transactions, in the straight line or the latent form violating the subsurface mineral right
attract imposing of penalty on citizens in the amount of ten to thirty not taxable minima income of citizens and on officials from thirty to hundred not taxable minima income of citizens.
Unauthorized capture of water objects or unauthorized water use, right to use water assignment, and also making of other transactions, in straight line or the latent form violating the right of state-owned property to waters
attract imposing of penalty on citizens from three to seven not taxable minima income of citizens and on official people - from five to eight not taxable minima income of citizens.
Unauthorized assignment of the right of forest utilization, and also making of other transactions, in straight line or the latent form violating the right of state-owned property to the woods
attract imposing of penalty on citizens from three to seven not taxable minima income of citizens and on officials - from five to eight not taxable minima income of citizens.
Unauthorized assignment of right to use by fauna objects, and also making of other transactions, in straight line or the latent form violating the right of state-owned property to fauna
attract the prevention or imposing of penalty on citizens from three to seven not taxable minima income of citizens of the prevention or imposing on officials - from five to eight not taxable minima income of citizens.
Petty theft of alien property by theft, fraud, assignments or wastes
involves imposing of penalty from ten to thirty tax-free minima income of citizens or corrective works for a period of up to one month with assignment of twenty percent of earnings, or administrative detention for a period of five up to ten days.
Making of offense, repeated within the year, provided by part one of this Article for which person was already subjected to administrative punishment,
Involves imposing of penalty from thirty to fifty tax-free minima income of citizens or corrective works for a period of one up to two months with assignment of twenty percent of earnings, or administrative detention for a period of ten up to fifteen days.
Plunder of alien property is considered small if the cost of such property at the time of making of offense does not exceed 0,2 of tax-free minimum of the income of citizens.
Article 51-1 is excluded.
Illegal use of object of intellectual property right (literary or the work of art, their execution, soundtracks, transfers of broadcasting to the organization, the computer program, the database, discovery, the invention, useful model, industrial design, sign for goods and services, topography of integral chip, improvement suggestion, plant variety, etc.), assignment of authorship to such object or other intentional violation of the rights to the object of intellectual property right protected by the law
attracts imposing of penalty from ten to two hundred not taxable minima income of citizens with confiscation illegally of the made products and the equipment and materials intended for its production.
1. Sale of tickets for finals of the Champions League of UEFA or Champions League of UEFA among women of season 2017/2018 unauthorized person, including the proposal of unauthorized person to sell the ticket, offered by unauthorized person of the ticket for sale, advertizing by unauthorized person of the fact that the ticket is available to acquisition, resale or transfer of tickets by unauthorized person by use of means of secondary resale of tickets, transfer or delivery or the offer on transfer or delivery of the ticket by unauthorized person, use of tickets by unauthorized person in different draws for promotion of goods or services,
involve imposing of penalty from thirty to three hundred free minima income of citizens with confiscation of tickets.
Spoil of agricultural and other lands, pollution by their chemical and radioactive materials, oil and oil products, crude sewage, production and other waste, and also rejection of measures for fight against weeds
involve imposing of penalty on citizens from twenty to eighty free minima income of citizens and on officials, citizens - subjects of business activity - from fifty to hundred free minima income of citizens.
Use of lands not on purpose, failure to carry out of the nature protection mode of use of lands, placement, design, construction, commissioning of objects which negatively influence condition of lands, misuse, destruction or damage of erosion-preventive hydraulic engineering constructions, protective afforestations
attract imposing of penalty on citizens from five to twenty five not taxable minima income of citizens and on official people from fifteen to thirty tax-free minima income of citizens.
Unauthorized occupation of the parcel of land
attracts imposing of penalty on citizens from ten to fifty not taxable minima income of citizens and on officials - from twenty to hundred tax-free minima income of citizens.
Misstatement of data of the state land cadastre, and also concealment of information on condition of lands, sizes, quantity of the parcels of land, availability of lands of inventory or reserve fund
involve imposing of penalty on officials from five to twenty tax-free minima income of citizens.
Removal and transferring of soil cover of the parcels of land without special permission, and also failure to carry out of conditions of removal, preserving and use of fertile layer of earth
involve imposing of penalty on citizens from ten to twenty tax-free minima income of citizens and on officials from twenty to fifty tax-free minima income of citizens.
Illegal taking soil cover (blanket) of lands
involves imposing of penalty on citizens from thirty to seventy tax-free minima income of citizens and on officials - from thirty to hundred tax-free minima income of citizens.
Violation by the official of Council of Ministers of the Autonomous Republic of Crimea, executive body or local government body of the approval term established by the legislation (refusal in approval) documentation on land management -
involves imposing of penalty from thirty to fifty tax-free minima income of citizens.
The act provided by part one of this Article, made by the official who for year was subjected to administrative punishment for the same violation -
involves imposing of penalty from fifty to two hundred tax-free minima income of citizens.
Violation of the terms of entering of data into the State land cadastre established by the law, provisions of such data, request of the documents which are not provided by the law for entering of data into the State land cadastre and for provision of such data, -
involve imposing of penalty on the state cadastral registrars from twenty to fifty free minima income of citizens.
The same acts which are commited by person which within year was poddano to administrative punishment for one of the offenses provided by part one of this Article -
involve imposing of penalty from fifty to two hundred free minima income of citizens
Violation of terms of return of temporarily busy lands or failure in duty concerning their reduction in the condition suitable for proper use,
involve imposing of penalty on citizens from ten to twenty tax-free minima income of citizens and on officials from fifteen to thirty tax-free minima income of citizens.
Not carrying out land reclamation
involves imposing of penalty on citizens from five to ten tax-free minima income of citizens and on officials from ten to thirty tax-free minima income of citizens.
Variation from the projects of land management approved in accordance with the established procedure
involves imposing of penalty on citizens from five to twenty tax-free minima income of citizens and on officials from fifteen to thirty tax-free minima income of citizens.
Use of the parcels of land of agricultural purpose for conducting commodity agricultural production without approved in the cases determined by the law, the projects of land management providing ekologo-economic case of sevosmena and ordering of grounds
involves imposing of penalty on citizens from fifty to hundred tax-free minima income of citizens and on officials from three hundred to five hundred tax-free minima income of citizens.
Destruction by citizens of land marks of borders of land use
attracts imposing of penalty from five to ten not taxable minima income of citizens.
Unauthorized building of the areas of bedding of minerals, failure to carry out of rules of protection of subsoil and requirements for environmental protection, buildings and constructions from adverse effect of the works connected with use of natural resources, destruction or damage of the observation regime wells on underground waters and also surveying and geodetic signs
attracts imposing of penalty on citizens from hundred to two hundred not taxable minima income of citizens and on officials - from two hundred to three hundred not taxable minima income of citizens.
The selective processing of rich sites of fields leading to unreasonable losses of balance sheet inventories of minerals, above-standard losses and above-standard impoverishment of minerals in case of production, spoil of mineral deposits and other violations of requirements of rational use of their inventories
attracts imposing of penalty on officials from hundred to two hundred not taxable minima income of citizens.
Loss of surveying documentation, failure to meet requirements on reduction of the liquidated or preserved excavations and boreholes in the condition ensuring safety of the population, and also requirements for preserving fields, excavations and boreholes for the period of conservation
involve imposing of penalty on officials from hundred to three hundred not taxable minima income of citizens.
Violation of special conditions of special permission to use of natural resources if it is not connected with income acquisition in large sizes,
attracts imposing of penalty on officials and physical persons from three hundred to six hundred not taxable minima income of citizens.
Income acquisition in large sizes takes place if its amount of three hundred and more times exceeds not taxable minimum of the income of citizens.
The abuse of regulations and requirements of work for geological studying of subsoil able to bring or led to doubtful assessment of explored reserves of minerals or conditions for construction and operation of the companies for mining, and also the underground constructions which are not connected with mining, loss of geological documentation, duplicates of tests of minerals and core which are necessary in case of further geological studying of subsoil and development of fields
involves imposing of penalty on officials from thirty to hundred tax-free minima income of citizens.
The pollution and contamination of waters, violation of the water preserving mode on reservoirs causing them pollution, water erosion of soils and other harmful phenomena
attract imposing of penalty on citizens in the amount of three to seven not taxable minima income of citizens and on officials - from five to eight not taxable minima income of citizens.
Commissioning of the companies, utility and other objects without constructions and devices preventing pollution and contamination of waters or their harmful effects
attracts imposing of penalty on officials in the amount of five to eight not taxable minima income of citizens.
Pollution and contamination of territorial and internal sea waters as a result of dumpings from the courts made without the permission of the state bodies which are specially authorized on that or with violation of statutory rules
attracts imposing of penalty on officials from thirty five to seventy tax-free minima income of citizens.
Carrying out loading and unloading works which can lead to pollution of territorial and internal sea waters, without the permission of state control bodies in industry of protection of the surrounding environment if receipt of such permission is stipulated by the legislation Ukraine,
attracts imposing of penalty on officials from twenty to forty not taxable minima income of citizens.
The non-notification of administration of the next port of Ukraine about carried out as a result of emergency, without the permission ought on that dumping into the sea of hazardous substances from the vessel or other watercraft, the aircraft, platform or other design which is artificially built in the sea, and in dumping cases for the purpose of burial - and the body issuing permissions to such dumping right after implementation or during implementation of such dumping
attracts imposing of penalty on officials of the vessel or other watercraft from forty to seventy not taxable minima income of citizens.
Water intake with violation of plans of water use, unauthorized production of hydrotechnical works, ownerless use of the water (extracted or which is taken away for water objects), abuse of regulations of conducting primary accounting of amount of the waters which are taken away from water objects and dumped in them, and to determination of quality of waters which dump,
attracts imposing of penalty on officials from five to eight not taxable minima income of citizens.
Damage of water management constructions and devices,
attracts imposing of penalty on citizens in the amount of three to seven not taxable minima income of citizens and on officials - from five to eight not taxable minima income of citizens.
Abuse of regulations of operation of water management constructions and devices
attracts imposing of penalty on officials from five to eight not taxable minima income of citizens.
Failure to carry out by the captain or other faces of command structure of the vessel or other watercraft of the obligations provided by the current legislation on registration in ship's papers of transactions with substances, unhealthy people or for live resources of the sea, or mixes which contain such substances over the established regulations, entering by marked-out persons into ship's papers of the wrong records about these transactions or illegal refusal to show such documents to the corresponding officials
attracts imposing of penalty on officials in the amount of five to eight not taxable minima income of citizens.
Use of sites of lands of the state forest fund for razkorchevka, constructions of constructions, conversions of wood, the device of warehouses, etc. without proper permission to use of these sites
attracts imposing of penalty on citizens from five to ten not taxable minima income of citizens and on officials - from nine to eighteen not taxable minima income of citizens.
Violations of established procedure of use of felling fund, procurement and removal of wood and procurement of gallipot
involves imposing of penalty on citizens in the amount of six to fourteen not taxable minima income of citizens and on officials - from ten to sixteen tax-free minima income of citizens.
Illegal felling and damage of trees or bushes; transportation, storage it is illegal the cut-down trees or bushes; destruction or damage of forest cultures, seedlings or saplings in forest nurseries and on plantations, and also young growth of natural origin and subsequent reproduction on the squares intended under reforestation
involve imposing of penalty on citizens from thirty to sixty free minima income of citizens and on officials - from hundred fifty to three hundred free minima income of citizens.
The same actions which are commited by person which within year was subjected to administrative punishment for one of the violations provided by part one of this Article
involve imposing of penalty on citizens from sixty to ninety free minima income of citizens and on officials - from six hundred to nine hundred free minima income of citizens
Destruction or damage of windbreak forest fields, protective forest plantings along coast of the rivers, channels, around water objects, hydraulic engineering constructions, on strips of withdrawal of highways, railroads and other protective forest plantings
attracts imposing of penalty on citizens in the amount of thirty to forty five not taxable minima income of citizens and on officials - from sixty to ninety not taxable minima income of citizens.
Destruction or damage of undergrowth to the woods
attracts imposing of penalty on citizens in the amount of three to six not taxable minima income of citizens and on officials - from seven to ten not taxable minima income of citizens.
Implementation of forest uses not according to the purposes or requirements provided in the lesorubny ticket (order) or the forest ticket
attracts imposing of penalty on the citizen in the amount of one to three not taxable minima of the income of citizens and on officials from three to seven not taxable minima income of citizens.
Abuse of regulations and instructions for recovery, improvement of condition and pedigree structure of the woods, increase in their productivity, and also for use of resources of ripe wood -
attracts imposing of penalty on officials from fifty to hundred free minima income of citizens.
Violation of requirements for forest conservation, quasiwoods, natural woods, namely: cattle pasture, industrial procurement of not wood forest products, journey of vehicles (except public roads and service of forest protection) -
attracts imposing of penalty from hundred to two hundred free minima income of citizens.
Damage of haymakings and pasturable grounds on lands of the state forest fund
attracts imposing of penalty on citizens in the amount of one to three not taxable minima of the income of citizens and on officials - from three to seven not taxable minima income of citizens.
The unauthorized haymaking and pasturage of the cattle in the woods and on the lands of the state forest fund which are not covered with the wood unauthorized collection of wild-growing fruits, nuts, mushrooms, berries, etc. on sites where it is forbidden or is allowed only under forest tickets,
attract imposing of penalty on citizens in the amount of one to three not taxable minima of the income of citizens and on officials - from three to seven not taxable minima income of citizens.
Collection of wild-growing fruits, nuts, berries, etc. with violation of fixed terms of their collection
attracts imposing of penalty on citizens in the amount of one to three not taxable minima of the income of citizens and on officials - from three to seven not taxable minima income of citizens.
Putting into operation of the new and reconstructed companies, workshops, aggregates, transport ways, bulk distribution lines, utility and other objects which are not provided with the devices preventing adverse effect on condition and reconstruction of the woods
attracts imposing of penalty on officials in the amount of fifteen to thirty five not taxable minima income of citizens.
The damage of the wood by sewage, chemicals, oil and oil products, industrial and household emissions, waste and garbage attracting it drying or disease
involves imposing of penalty on citizens from thirty to ninety free minima income of citizens and on officials - from hundred fifty to two hundred fifty free minima income of citizens.
Contamination of the woods waste
involves imposing of penalty on citizens from twenty five to fifty free minima income of citizens and on officials - from fifty to hundred free minima income of citizens.
Destruction or damage of lesoosushitelny ditches, drainage systems and roads on lands of the state forest fund
attracts imposing of penalty on citizens in the amount of one to three not taxable minima of the income of citizens and on officials - from three to seven not taxable minima income of citizens.
Destruction or damage of restrictive signs to the woods
attracts imposing of penalty on citizens in the amount of one to three tax-free minima of the income of citizens and on officials from three to seven tax-free minima income of citizens.
Destruction of fauna, useful to wood
attracts imposing of penalty on citizens in the amount of one to three not taxable minima of the income of citizens and on officials - from three to seven not taxable minima income of citizens.
Violation of requirements of fire safety in the woods
attracts imposing of penalty on citizens in the amount of five to fifteen not taxable minima income of citizens and on officials - from fifteen to fifty not taxable minima income of citizens.
Destruction or damage of the wood as a result of careless handling of fire, and also violation of requirements of fire safety in the woods that led to emergence of wildfire or its distribution on significant area,
attracts imposing of penalty on citizens in the amount of fifteen to fifty not taxable minima income of citizens and on official people from thirty five to sixty not taxable minima income of citizens.
Burning out of eddish, meadows, pastures, sites with steppe, wetland and other natural vegetation, vegetation or its remaining balance and the fallen-down foliage in strips of withdrawal of highways and railroads, in parks, other green plantings and lawns in settlements without the permission of state control bodies in the field of protection of the surrounding environment or with violation of conditions of such permission, and also non-use by person who got permission to burning out of the specified vegetation or its remaining balance and the fallen-down foliage on lands of agricultural purpose of measures for their timely clearing
attracts imposing of penalty on citizens from ten to twenty not taxable minima income of citizens and on officials - from fifty to seventy not taxable minima income of citizens.
The same actions made within the territories and objects of natural and reserved fund
attract imposing of penalty on citizens from twenty to forty not taxable minima income of citizens and on officials - from seventy to hundred not taxable minima income of citizens.
Emission of pollutants in atmospheric air without the permission of specially authorized body of the executive authority or non-compliance with the requirements provided by the provided permission, other violations of procedure of emissions of pollutants in atmospheric air or exceeding of technological standard rates of admissible emission of pollutants and standard rates of maximum permissible emissions of pollutants of stationary sources during operation of processing equipment, constructions and objects
attract imposing of penalty on officials from five to eight not taxable minima income of citizens.
Exceeding of maximum permissible levels of impact of physical and biological factors on atmospheric air or impact of physical and biological factors on atmospheric air without the permission of specially authorized body of the executive authority in cases when need of receipt of such permission is stipulated by the legislation,
attracts imposing of penalty on officials from five to seven not taxable minima income of citizens.
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