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Scientific and practical commentary to article 23.58 of the Code of administrative violations of the Republic of Belarus

UDC 342.951:614.8 (476)
Authors Pasovets Elena Yur'evna, PhD in Juridical Sciences, Associate Professor
Bordak Sergey Sergeevich
Abstract Purpose. The paper is devoted to the scientific and practical commentary to article 23.58 of the Code of administrative violations of the Republic of Belarus.
Methods. Induction, deduction, analysis and synthesis methods were used. Theoretical approaches of the research are investigations in the sphere of general theory of law. Empirical basis of the research are the laws of the Republic of Belarus and other documents concerning civil protection.
Findings. The article contains theoretical provisions on the implementation of administrative liability for violation of the legislation on protection of the population and territories from emergencies. The composition administration violations is substantiated, the procedural algorithm of the invocation of article 23.58 in field of protection of the population and territories is studied.
Application field of research. Results of the research are used by officials who carry out supervision and control within the framework of the state system of prevention and elimination of emergencies and civil defense, when teaching the disciplines on the supervisory and prevention; it is possible to use them in the preparation of normative acts regulating social relations in the field of administrative law enforcement, in the preparation of textbooks, teaching aids, methodological materials, scientific research in the field of law and fire safety.
Conclusions. In the article the basic components of the modern administrative norm providing responsibility for violation of the legislation in the field of protection of the population and territories against emergency situations are considered. The attention is paid to a procedural algorithm of realization of administrative responsibility for violation of the legislation in the field of protection of the population and territories.
Keywords protection of the population, protection of territories, administrative violation, actus reus, emergency situation, administrative responsibility
  References
1. Kodeks Respubliki Belarus' ob administrativnykh pravonarusheniyakh [The Code of the Republic of Belarus about administrative offenses]: April 21, 2003 No. 194-З: adopted by the House of Representatives on December 17, 2002: approved by the Council of the Republic on April 2, 2003: in edition 08.01.2018 No. 95-Z. Konsul'tant Plyus, Belarus. OOO «YurSpektr», Nats. tsentr pravovoy inform. Resp. Belarus'. Minsk, 2018 (rus).
2. O zashchite naseleniya i territoriy ot chrezvychaynykh situatsiy prirodnogo i tekhnogennogo kharaktera [About protection of the population and territories from natural and man-made emergency situations]: Law of the Republic of Belarus, 05.05.1998, No. 141-Z: in edition Law of the Republic of Belarus, 24.12.2015, No. 331-Z. Konsul'tant Plyus, Belarus. OOO «YurSpektr», Nats. tsentr pravovoy inform. Resp. Belarus'. Minsk, 2018 (rus).