Administrative liability for offenses committed in the field of standardization, metrology, certification and product quality
Students Name: Dupletsa Valentyna Ihorivna
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: part
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Dupletsa Valentyns Ihorivna , Ostapenko Oleksii Ivanovych (supervisor). Administrative responsibility for offenses committed in the field of standardization, metrology, certification and product quality. Master’s Thesis – Lviv Polytechnic National University, Lviv, 2021. One of the priority measures since the adoption of the European Union Association Agreement has been the reform of Ukraine’s technical regulation system and, respectively, the revision of regulations in the field of standardization, metrology, certification and product quality in order to competitively introduce into the international market Ukraine’s own works, goods and services; as well as ensuring domestic socio-economic development and a high standard of living [29, P.10]. Accordingly, the institute of administrative responsibility for offenses committed in the field of standardization, metrology, certification and product quality has needed, and still needs transformations. A comprehensive study of the issue also covers the establishment of the competence of public authorities [18] and courts [21] regarding the consideration and review of decisions, actions or omissions of authorized entities, possible mechanisms for protecting the initiated subjective cases [114, P. 45] and identification of errors that are most often made in the preparation of materials of offenses in this category of cases. The object of research is public relations arising in the field of administrative responsibility for offenses committed in the field of standardization, metrology, certification and product quality. The subject of research is the substantive and procedural norms of administrative and tort legislation in the field of standardization, metrology, certification and product quality. The purpose of research. The purpose of the proposed research is to provide a comprehensive description of public relations arising in the field of administrative responsibility in the field of standardization, metrology, certification and product quality based on the analysis of the substantive and procedural norms of administrative and tort legislation. Research results. As a result of the research, it seems appropriate to note about the dual regulation in the field of standardization, metrology, certification and product quality, namely, by the rules of administrative, public law and the administrative and tort norms. In addition to such differentiation of the subject sphere, it is important to note about the subject area, and then, about the responsibility of individuals (including individual-entrepreneurs) and legal entities in this sphere. Government regulation of the responsibility for offenses committed in the field of standardization, metrology, certification and product quality includes three blocks: 1) on bringing administrative actions against individuals (including private officials, institutions, organizations); 2) on bringing administrative actions against legal entities; 3) on the revision in accordance with established order by the Code of Administrative Procedure of Ukraine, decisions, actions or omissions of authorized entities committed by them in the implementation of proceedings on cases of administrative offenses. To consider administrative responsibility in the restricted sense, solely taking into account the provisions of the Code of Ukraine on Administrative Offenses, there are only ten elements of administrative offenses in this area (Chapter 13 of the Code of Ukraine on Administrative Offenses). The object of this group of offenses is public relations in the field of standardization, product quality, metrology, and certification, etc. The generic object of this group of offences is public relations in the field of consumer protection, since as a result of such offenses, disadvantage is most often inflicted on these relations. The objective side is most often expressed in the form of an action regarding the violation of the requirements of regulatory legal acts in the field of standardization, product quality, metrology, and certification, etc. In some elements of offenses, an attribute of repetition or ensuing of harmful consequences is required (Article 172-1-1). In addition to the aforementioned article, other articles have a formal structure. The subjective side can be expressed both by intentional guilt and negligence, with the exception of Article 171-2 of the Code of Administrative Offenses (falsification of measuring instruments), which is committed only in the form of direct or indirect intention. The subject is predominantly special categories of persons; there are only private officials, institutions, organizations, regardless of patterns of ownership, proprietors of enterprises and authorized persons, and in some cases there are citizens. In addition to the direct determination of the elements of administrative offenses in Chapter 13 of the Code of Ukraine on Administrative Offenses, numerous Laws of Ukraine contain additional elements and conditions for prosecution for offences in the field of standardization, certification, metrology, and product quality. In this context, administrative and economic sanctions and special administrative measures applied to legal entities under the law should also be considered. Keywords: administrative responsibility, standardization, certification, metrology, product quality, government regulation, offences. References: 1. Lutsenko D. (2015) New Ukrainian legislation in the field of technical regulation and its prospects in the context of the European Union Association Agreement. Sector Policy Support Program "Facilitating mutual trade between Ukraine and the European Union by removing technical barriers." 12 p. 2. Zilnyk N.M. (2012) Jurisdiction of consideration of cases of administrative offenses in the field of standardization, product quality, metrology and certification. Bulletin of the Academy of Labor and Social Relations of the Federation of Trade Unions of Ukraine: scientific digest. Kyiv. No.2 (6) P. 110–114. 3. Zilnyk N.M. (2015) Legal status of bodies authorized to consider cases of administrative offenses in the field of standardization, product quality, metrology and certification. Bulletin of the Lviv Polytechnic National University. Series: Legal Sciences. No.813. P. 39–47. 4. Sopilnyk L.I. Ostapenko O.I. (2011) Standardization, product quality, metrology, certification in the system of administrative law: educational book. Lviv: Lviv University of Business and Law. 124 p. 5. Oriekhov S.M. Administrative and legal regulation in the field of standardization, product quality, metrology and certification: synopsis of thesis, PhD in law, branch of science 12.00.07 "Administrative law and proceedings; financial law, information law". K., 20 p. 6. Zilnyk N.M. (2017) Administrative responsibility for offenses in the field of standardization, product quality, metrology and certification : dissertation for the degree of PhD in law : 12.00.07 – administrative law and proceedings; financial law, information law; Ministry of Education and Science of Ukraine, Lviv Polytechnic National University. Lviv, 2017. 246 p.