Purpose. To give recommendations on improving the legal acts to regulate the relevant legal relations in the field of criminalization of encroachments related to violation of labor protection legislation. Methodology. The study on problematic issues of prosecution for violating the requirements of labor protection legislation was carried out through the study and analysis of: legislative base of Ukraine; works of scientists in relevant fields; analysis of judicial practice (on the example of analysis of judicial practice in cases considered by courts of general jurisdiction of Dnipropetrovsk region and the Supreme Court for the last 15 years) on bringing persons to justice under Parts 1, 2 of Article 271 of the Criminal code of Ukraine Violation of requirements of the legislation on labor protection. Findings. Some problems that arise in the formation of the criminal law practice of prosecuting persons accused of criminal offenses related to violations of labor legislation, which has led to damage to the health of a worker or their death, including inconsistency of criminalization violation of the severity of negative legal consequences for the perpetrators. Originality. The work analyzes the problematic issues of bringing one to justice for violating the requirements of labor protection legislation if this violation has caused harm to the health of the victim or his death. Proposals aimed at amending and improving the current criminal and criminal procedure legislation of Ukraine are substantiated. Practical value. The norms of the responsibility for violation of the legislation on labor protection, judicial practice of the recent years on law enforcement of the corresponding norms are investigated in the work. It is concluded that the current criminal legislation needs to be changed in terms of strengthening the responsibility for the actions provided in Part 2 of Article 271 of the Criminal Code, in the form of increasing the sanction in the form of imprisonment and mandatory application of additional punishment in the form of a ban on holding relevant positions. The results of the study have implications for practicing lawyers, legal advisers and attorneys, lawmakers, and affected workers and their families in the event of the death of a worker.
Purpose. To analyze and assess the legal basis of the activities of enterprises that have an impact on the atmospheric air due to the result of their activities, to elaborate recommendations on improving the mechanism for monitoring and influencing the activities of such enterprises, and types of legal liability for violations of legislation in the sphere of atmospheric air protection. Methodology. The study on problematic issues of strengthening the control of the activities of enterprises with industrial air pollution was carried out by studying and analyzing the regulatory and legal framework of Ukraine, theoretical research in the relevant sectors, analysis of official statistics on air pollution Findings. The current legislation on the control of enterprises with industrial air pollution has been studied in the paper. Some problems and lack of proper control over the activity of enterprises with industrial atmospheric pollution were revealed. Originality. The main ways have been formulated of influence and improvement of control over the activity of industrial enterprises, the functioning of which is connected with atmospheric air pollution: reforming the state control bodies in the field of environmental protection; strengthening public control in the sphere of environmental protection; adjustment of legislation and strengthening of the liability of the enterprises. Practical value. The paper recommends the introduction of compulsory public participation at the stage of monitoring compliance with the law in the activities of enterprises with industrial pollution of atmospheric air, which will help to conduct a political dialogue on such an important issue. In order to give the necessary powers to public inspectors, it is proposed to amend the legislation in the sphere of atmospheric air protection and supplement it with the relevant norms, which will introduce mandatory training of public eco-inspectors. Also, the necessity to strengthen administrative responsibility at the stage of control over the activity of enterprises with industrial air pollution is argued. It will be relevant to strengthen administrative responsibility and to determine a fine in the amount of 50% of losses due to being fully compensated. Thus, amendments to Article 78 and 79 of the Code of Ukraine on administrative offenses will deter relevant actors from violations of environmental legislation.
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