Quarantine Lawyer

ATTORNEY FOR VIOLATION OF QUARANTINE CONDITIONS

Quarantine restrictions have had a profound effect on the daily lives of both individuals and businesses. The effects of quarantine measures were particularly felt by businesses due to restrictions on their activities, and some industries were almost on the verge of decline.

Quite a few entrepreneurs have received reports from law enforcement officers on administrative offenses, according to which they will be obliged to pay significant fines after a relevant decision is made and they are found guilty of committing an administrative offense, even if in fact no violations have occurred on their part.

ATTORNEYS FOR VIOLATIONS OF QUARANTINE CONDITIONS GIVE THE FOLLOWING RECOMMENDATIONS ON APPEALING THE PROTOCOL ON ADMINISTRATIVE OFFENSES IN THE FIELD OF QUARANTINE

Not always during the drawing up of protocols on administrative offenses, in our case on the grounds of part 1 of Article 44.3 of the Code of Administrative Offenses of Ukraine, violations of the law really took place, in addition, such protocols are mostly drawn up against persons who are not subjects at all management.

At the same time, in such situations, attention should be paid to the registration of protocols on administrative offenses, namely their compliance with Article 256 of the Code of Administrative Offenses of Ukraine, which stipulates that the protocol on administrative offenses must contain names, addresses of witnesses. At the same time, Article 251 of the Code of Administrative Offenses of Ukraine stipulates that evidence in the case is any factual data on the basis of which the body (official) establishes the presence or absence of an administrative offense, the guilt of the person in its commission.

In practice, most protocols drawn up on the basis of Part 1 of Article 44.3 of the Code of Administrative Offenses of Ukraine do not contain witness testimony, any evidence that may confirm the fact of the offense, or information about the persons involved as witnesses.

SEQUENCE OF ACTIONS AND DOCUMENTS REQUIRED FOR PROTECTION IN THIS INDUSTRY

So, what to do in the event that officials of the National Police came to you in an institution (for example, a food establishment) from January 8 to 25, 20, which works for delivery or removal, and drew up a report on an administrative offense under Article 44.3 of the Code of Ukraine administrative offenses, say, in relation to an administrator who works in your institution

After reviewing the case materials submitted to the court for consideration, it is necessary to conduct a legal analysis of the circumstances contained in the protocol on administrative offenses, determine whether such protocol complies with applicable law, analyze the evidence on which the accusation of an administrative offense and witness testimony ( if of course there will be such), special attention should be paid to the status of the person in respect of whom the protocol on administrative offense was drawn up, namely whether the person is a business entity, as paragraph 1 part 3 of the Cabinet of Ministers of 19.12. 2020 № 1236 stipulates that the reception of visitors by economic entities engaged in catering activities (bars, restaurants, cafes, etc.), except for the provision of catering services with the implementation of targeted delivery of orders, takeaway orders – is prohibited.

Law enforcement officers qualify the work of food establishments for takeaway or delivery as a full-fledged reception of visitors, hence the absurd protocols on administrative offenses…

Further, it is necessary to prepare and submit procedural documents in order to prevent the issuance of a decision on bringing to administrative responsibility.

When preparing for the trial on the merits, a person who intends to appeal an illegal decision on an administrative offense must be aware of their rights under Article 268 of the Code of Administrative Offenses, as often the rights of individuals are violated at the stage of the case.

We should also not forget about Article 73 of the Code of Administrative Procedure, which is appropriate evidence that contains information about the subject of proof.

The subject of proof are the circumstances that confirm the stated claims or objections or have other significance for the case and are subject to establishment when making a court decision.

The parties have the right to substantiate the affiliation of specific evidence to support their claims or objections. The court does not consider evidence that does not relate to the subject of proof.

Therefore, you should always be aware of your rights and be prepared to protect them, as they can be violated even by law enforcement officials. However, if you want to get rid of unnecessary worries, we advise you to help a qualified lawyer for quarantine violations.