Administrative liability for violation of legislation in the field of volunteering

Abstract

The article analyzes the peculiarities of administrative liability for violating legislation in the field of volunteer activities. It is established that administrative liability is one of the forms of legal liability, providing for a negative response of the state, represented by its authorized bodies, to an administrative offense (misdemeanor), imposing an administrative penalty as determined by law on the guilty subject. The author examines the main grounds for administrative liability in the field of volunteer activities, and as a result, it is established that the Law “On Volunteer Activities” does not regulate this issue in detail, unlike the provisions of the Law “On Charitable Activities and Charitable Organizations”.

The author establishes that the main administrative offenses in the field of volunteer activities are those enshrined in Chapter 12 of the Code of Administrative Offenses, i.e., those provided for in Articles 155-16628 of the Code of Administrative Offenses. Additionally, there are categories of administrative offenses in the field of taxation and financial reporting provided for in Articles 1551, 1631 and 16316 of the Code of Administrative Offenses. Furthermore, administrative liability of entities in the field of volunteer activities may also arise in case of violation of customs rules, as provided for in Article 472 of the Customs Code of Ukraine.

Having analyzed the main statistical indicators of the detection of administrative offenses under Articles 155-16628 of the Code of Administrative Offenses, as well as the individuals who committed them, it was found that there is a tendency to increase their number. At the same time, the number of cases of administrative offenses under Article 472 of the CCU has significantly decreased since the beginning of the full-scale invasion, which may be due to the difficulty of detecting this category of offenses, especially in border regions.