"Syndrome of Control" as a common disease Ukrainian justice - Blog Vladimir Bagriy / LIHA.Blohy
Monitoring the media
C January 22 came into force a number of laws of Ukraine, kotorыe predusmatryvayut, Among procheho, uholovnuyu responsibility for slander and эkstremyzm. When Told Significantly uproschaetsya procedure zakrыtyya Access to Internet resources. Remember, runes that yours replica, Comment and publication mogut not only sex prychynoy uholovnoy liability, but negatively and povlyyat on ymydzh, reputatsyyu and security agencies is information LIGABiznesInform. We ask you uchytыvat New Projects Requirements in its work.
In his article "The Constitution of Ukraine: need a new ideology of justice" (published on this blog in nine parts), I have repeatedly stressed that courts should not act as the last instance of the control over observance of legal acts and to reduce its activities to purely mechanical inspection of the legislation, for breach of which necessarily legal liability arises. Reaching this conclusion prompted the activity of the Constitutional Court of Ukraine (hereinafter - CCU), which in one of its decisions for himself determined that he must carry out the so-called subsequent constitutional control, the results of which acts may be recognized as unconstitutional and lose its validity. However, as it turned out, not only suffers from LCP "syndrome of control." This is a common disease of our justice system. Below I will give an example of such a "syndrome" runes of their own practice, in case before the District Administrative Court of Kyiv. But before that, let me draw attention to the provision of the Constitution of Ukraine, which, in my opinion, is an obstacle to the dissemination of "syndrome of control" and explicitly prohibits bringing to liability if the act is not defined by law as an offense. This is part 2 of Article runes 58 of the Constitution of Ukraine, according to which one can not be responsible for acts that, at the time it was committed, not recognized by law as an offense. With this provision it appears that the charge brought against them may be the presence of two simultaneous conditions: a) the offense runes must be defined in a legal act to be an offense, and b) a legal act which should define the act as an offense should be just the law.
In early April 2012. in the lobby of Kiev's oldest cinema "October" was the man who started ... photograph posters movies. It turned out that it was the chief specialist of control over promotional activities and trade in the range Inspectorate for Consumer Protection in Kiev, on which a photographic device (either a mobile phone or camera) photographed posters of films that were made online. After that, the inspector visited the theater director and without any license to test (presenting only his official certificate) announced that it recorded violations of the advertising legislation - namely, the presentation of the text of some posters movies online, as it has file a report, and for that he needs some documents. In return, he was asked to send a written request to the procedure established by law. After a brief correspondence, the theater received a message to send a representative to participate in the case of violation of the legislation on advertising. As part of this review was prepared four reports and adopted four decisions imposing a fine for violating the law on advertising, copies of which were handed a receipt.
"As a result of the case is established: non-compliance with the legislation of Ukraine on advertising, dissemination of advertising in film ... in the lobby (on the front, on the posters) cinema" October "performed online, which indicates runes a violation of Art. 6 of the Law of Ukraine "On Advertising", namely: "The use of language in the advertisement shall be in accordance with the laws of Ukraine on the language."
Resolved: Pursuant to the requirements of Part 7. 27 Law of Ukraine "On Advertising" to kill Ltd. "Kinoman" runes a fine of ... since it is impossible to calculate the value of advertising disseminated in violation of the legislation runes on advertising. "
"On the basis of the case and the minutes of the meeting of 30 May 2012 established runes a violation of the legislation on advertising in distributed advertising runes film ... in the lobby (on the front, on the posters) runes cinema" October ", performed in Russian, which indicates a violation of Art. 6 of the Law of Ukraine "On Advertising", namely, "The use of language in the advertisement shall be in accordance runes with the laws of Ukraine on the language." Subject to Article 27 of the Law of Ukraine "On Advertising", decided: Violation of the laws of Ukraine on advertising, in accordance with " runes 7. 27 Law of Ukraine "On Advertising" to kill Ltd. "Kinoman" ... fine of USD. "
Thus, basing its decisions, the regulatory authorities referred to two articles, namely: - on Part 1 of Art. 6 of the Law of Ukraine "On Advertising", under which the application
Monitoring the media
C January 22 came into force a number of laws of Ukraine, kotorыe predusmatryvayut, Among procheho, uholovnuyu responsibility for slander and эkstremyzm. When Told Significantly uproschaetsya procedure zakrыtyya Access to Internet resources. Remember, runes that yours replica, Comment and publication mogut not only sex prychynoy uholovnoy liability, but negatively and povlyyat on ymydzh, reputatsyyu and security agencies is information LIGABiznesInform. We ask you uchytыvat New Projects Requirements in its work.
In his article "The Constitution of Ukraine: need a new ideology of justice" (published on this blog in nine parts), I have repeatedly stressed that courts should not act as the last instance of the control over observance of legal acts and to reduce its activities to purely mechanical inspection of the legislation, for breach of which necessarily legal liability arises. Reaching this conclusion prompted the activity of the Constitutional Court of Ukraine (hereinafter - CCU), which in one of its decisions for himself determined that he must carry out the so-called subsequent constitutional control, the results of which acts may be recognized as unconstitutional and lose its validity. However, as it turned out, not only suffers from LCP "syndrome of control." This is a common disease of our justice system. Below I will give an example of such a "syndrome" runes of their own practice, in case before the District Administrative Court of Kyiv. But before that, let me draw attention to the provision of the Constitution of Ukraine, which, in my opinion, is an obstacle to the dissemination of "syndrome of control" and explicitly prohibits bringing to liability if the act is not defined by law as an offense. This is part 2 of Article runes 58 of the Constitution of Ukraine, according to which one can not be responsible for acts that, at the time it was committed, not recognized by law as an offense. With this provision it appears that the charge brought against them may be the presence of two simultaneous conditions: a) the offense runes must be defined in a legal act to be an offense, and b) a legal act which should define the act as an offense should be just the law.
In early April 2012. in the lobby of Kiev's oldest cinema "October" was the man who started ... photograph posters movies. It turned out that it was the chief specialist of control over promotional activities and trade in the range Inspectorate for Consumer Protection in Kiev, on which a photographic device (either a mobile phone or camera) photographed posters of films that were made online. After that, the inspector visited the theater director and without any license to test (presenting only his official certificate) announced that it recorded violations of the advertising legislation - namely, the presentation of the text of some posters movies online, as it has file a report, and for that he needs some documents. In return, he was asked to send a written request to the procedure established by law. After a brief correspondence, the theater received a message to send a representative to participate in the case of violation of the legislation on advertising. As part of this review was prepared four reports and adopted four decisions imposing a fine for violating the law on advertising, copies of which were handed a receipt.
"As a result of the case is established: non-compliance with the legislation of Ukraine on advertising, dissemination of advertising in film ... in the lobby (on the front, on the posters) cinema" October "performed online, which indicates runes a violation of Art. 6 of the Law of Ukraine "On Advertising", namely: "The use of language in the advertisement shall be in accordance with the laws of Ukraine on the language."
Resolved: Pursuant to the requirements of Part 7. 27 Law of Ukraine "On Advertising" to kill Ltd. "Kinoman" runes a fine of ... since it is impossible to calculate the value of advertising disseminated in violation of the legislation runes on advertising. "
"On the basis of the case and the minutes of the meeting of 30 May 2012 established runes a violation of the legislation on advertising in distributed advertising runes film ... in the lobby (on the front, on the posters) runes cinema" October ", performed in Russian, which indicates a violation of Art. 6 of the Law of Ukraine "On Advertising", namely, "The use of language in the advertisement shall be in accordance runes with the laws of Ukraine on the language." Subject to Article 27 of the Law of Ukraine "On Advertising", decided: Violation of the laws of Ukraine on advertising, in accordance with " runes 7. 27 Law of Ukraine "On Advertising" to kill Ltd. "Kinoman" ... fine of USD. "
Thus, basing its decisions, the regulatory authorities referred to two articles, namely: - on Part 1 of Art. 6 of the Law of Ukraine "On Advertising", under which the application
No comments:
Post a Comment