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Published September 25, 2019 | Version v1
Journal article Open

Administrative Torts in the Sphere of Food Safety and Quality: Features and Elimination of Legal Collisions

Description

This article substantiates the conclusion that the administrative responsibility for violation of legislation in the field of food safety and quality - is regulated by the administrative and procedural rules of the activities of competent entities, aimed at forcing the offender to take restrictive measures of material and moral nature for offenses, determined by the Code of Ukraine on Administrative Offenses and other laws of Ukraine that regulate relations in the field of security STI and food quality. Today, the rules of the Code of Administrative Offenses contain Art. Art. 42, 42-1, 42-2, 107, 166-22, 188-22, which imply threatening the health of citizens by violating sanitary standards, violating the rules of procurement, processing or marketing of radioactively contaminated food or other products, violation of requirements safety legislation and individual food quality indicators. At the same time, a broader list of administrative offenses of food and feed legislation is provided for in Article 65 of the Law of Ukraine “On State Control of Compliance with Food, Feed, Animal By-Products, Animal Health and Welfare”.

The peculiarities of administrative responsibility for violations of the legislation in the field of food safety and quality are: an administrative offense is the basis for bringing to administrative responsibility, provided for by Art. 65 of the Law of Ukraine "On State Control of Compliance with Food, Feed, Animal By-Products, Animal Health and Welfare" and Article 42-2 of the Code of Administrative Offenses; types of structures of administrative offenses that determine the grounds for administrative responsibility for violation of food law regulated by the sphere of regulatory acts; Authorized public authorities, in particular the state inspector and the state veterinary inspector, are subject to administrative liability for violation of food law; the perpetrators of unlawful acts, such as violations of the hygienic requirements for the production and / or circulation of food or feed, are brought to administrative responsibility for violations of food law; production, storage of foodstuffs or feedstuffs without obtaining the operating permit for the corresponding capacity, etc .; legal entities (market operator) are the subject of liability; individuals entrepreneurs; individuals; officials; The unit of measurement of monetary collection is the minimum wage and the non-taxable minimum income of citizens; the right to draw up reports on administrative offenses in the field of safety and individual indicators of food quality is vested in a central executive body that implements state policy in the field of safety and individual indicators of food quality.

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