FEATURES QUALIFICATION OF PUBLIC DELICTS WHICH ARE SUBJECT TO INFRINGEMENT OF PUBLIC ORDER AND PUBLIC SAFETY

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FEATURES QUALIFICATION OF PUBLIC DELICTS WHICH ARE SUBJECT TO INFRINGEMENT OF PUBLIC ORDER AND PUBLIC SAFETY

Journal Title: Правовий часопис Донбасу - Year 2017, Vol 59, Issue 1

Abstract

The article stressed that the qualifying offense which is the object of attack public order and public safety is often necessary to pay attention to the fact that the administrative and criminal law standards are items which are seemingly identical, with improper delimitation of administrative offenses and crime is one of the reasons for improper training of administrative violations in the field of public order and public safety. That in turn will lead to illegal bringing persons to administrative or criminal liability, violation of human rights and fundamental freedoms, as well as violations of the principles of legal liability, as legality, expediency, justice. Given the importance of the issues mentioned in the article the administrative violations in the field of public order and public safety and legal structure similar to the criminal offense. Disorderly conduct, unlike bullying, is not a gross violation of public order; not a socially dangerous; not accompanied by a clear disrespect for society; only committed in a public place (aggravating circumstances); not of a lasting nature. However, during the events bullying appropriately classified as a crime. Distinguish century. 173-1 of the Code of Ukraine on Administrative Offences and art. 259 of the Criminal Code of Ukraine should in essence and character information. Violation of fire safety legislation should be qualified as a crime only in the case of harm to human health or damage to property on a large scale. Distinguished administrative offense under Art. 184 of the Code of Ukraine on Administrative Offences of criminal offense (art. 166 of the Criminal Code of Ukraine) in the first objective should be to the side. For classifying the act as a crime, not an administrative tort signs are important commission for a considerable period of time (systematic acts), as one of the necessary conditions of criminal responsibility for these actions have serious consequences because of acts or omissions of the perpetrator.

Authors and Affiliations

Кaterina Chyshko

Keywords

qualification of an administrative offense criminal qualification differentiation legal structure public order public safety

EP ID EP285089
DOI -
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