REFORMING THE NATIONAL MECHANISM OF ADMINISTRATIVE LIABILITY FOR ILLEGAL FUEL TRADE
Authors: Pryputen Dmytro , Holoborodko Denys 
Published: July 2020

The article is focused on the research of the directions for reforming the national legislation in the sphere of introduction of administrative liability for illegal trade in fuel.

The methodological basis of the presented scientific work is the systematic approach and systematic analysis.

The authors have offered understanding of the main components of the author’s mechanism of administrative liability: the legal norm establishing liability, its legal composition, the subject of application of the norm and its procedure.

The authors have analyzed specific features of fuel as a specific subject of administrative and legal protection caused by its relation to the group of excisable goods. The qualifying features of illegal trade in fuel, their correlation with the available corpus delicti of offenses under the Code of Ukraine on Administrative Offenses have been studied.

The emphasis has been placed on the issue of bringing to administrative liability for illegal fuel trade. Particular attention has been paid to the shortcomings of the objective aspect of a number of offenses (articles 160, 161, 164 of the Code of Ukraine on Administrative Offenses).

Thus, it has been emphasized that the main disadvantage of applying the art. 160 of the Code of Ukraine on Administrative Offenses (sale “from hands” in the places not established for this purpose) is the inconsistency of its objective aspect with the common actions of the offender, when the illegal sale of fuel is carried out in the prescribed place, but without the necessary permits.

In turn, the disposition of the art. 161 of the Code of Ukraine on Administrative Offenses (illegal supply or purchase of gasoline or other fuels and lubricants) covers only the illegal supply or purchase of gasoline or other fuels and lubricants belonging to state or public enterprises, institutions and organizations, without features of embezzlement. Due to the above, its provisions cannot be applied during the circulation of fuel belonging to individuals.

Similarly, the main disadvantage of the application of the art. 164 of the Code of Ukraine on Administrative Offenses (violation of the procedure of economic activity) while illegal sale of fuel, there is a need to prove the regularity of such activities, i. e. its implementation at least three times a year.

To confirm this position, the authors have analyzed and presented court practice, with the reference to the Unified State Register of Court Decisions.

To solve the outlined problems, it has been offered to supplement the Code of Ukraine on Administrative Offenses with a new norm that provides administrative liability for the violation of the established procedure for fuel trade – the art. 161-1 of the Code of Ukraine on Administrative Offenses. The objective aspect of this offense should cover one-time actions related to the facts of illegal sale of fuel without the necessary permits (like the disposition of the art. 156 of the Code of Ukraine on Administrative Offenses, which provides liability for the sale of other excisable goods (alcohol and tobacco) without appropriate permits).