DEVELOPMENT OF LEGAL TOOLS OF STATE MANAGEMENT IN THE FIELD OF ENSURING BIOLOGICAL SAFETY IN UKRAINE

Authors

DOI:

https://doi.org/10.36690/2674-5216-2021-1-83

Keywords:

biological safety, legal liability, punishment, biological technologies, laboratory safety

Abstract

The paper is dedicated to issues on improving legal tools of state management in the field of providing biological safety in Ukraine. It is emphasized that establishing of measures of relevant legal liability has to be considered as effective means for providing appropriate state of biological safety and stimulation of lawful conduct of all subjects. Issues of lawful conduct in the field of providing biological safety have exclusively applied nature and often stipulate activities of researchers in the field of biological technologies, and entrepreneurs who are involved into the relevant direction of commercial use of biological technologies. It is outlined, that liability is an effective tool for legal influence on social relationship aimed to providing of biological safety. In our opinion, functions of legal liability in the field of providing biological safety have to include the next ones, namely: preventive (protective, of a warning character) which boils down to preventing new offenses, precautions; penalty (punitive) which boils down to punishing the guilty person, the meaning of which is imposing measures of negative consequences of a personal, property or organizational nature (material fines, prohibitions on conducting research or carrying out production) to them; restorative (compensatory) which aims to restore illegally violated property or personal rights, compensation for material or moral damage, losses (in case of socially negative consequences). It is indicated, that improving the mechanism of legal liability for biological safety involves updating the legislation on largely all types of liability known in modern legal theory. These types of liability are as follows: civil (in the case of compensation for material and moral damage); criminal (in the case of application of measures of influence of criminal  and legal character; it can be applicable to both legal entities and individuals); administrative (in the case of less social harm of the offense); disciplinary (in case of violations of labour duties).

Author Biography

Oleksandr Martynenko, Khmelnitsky University of Management and Law named after Leonid Yuzkov

Postgraduate student, the Constitutional, Administrative and Financial Law Department, Khmelnitsky University of Management and Law named after Leonid Yuzkov, Khmelnitsky, Ukraine, e-mail: alexandrov84777@gmail.com, ORCID: https://orcid.org/0000-0002-8748-1091

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Published

2021-02-03

How to Cite

Martynenko, O. (2021). DEVELOPMENT OF LEGAL TOOLS OF STATE MANAGEMENT IN THE FIELD OF ENSURING BIOLOGICAL SAFETY IN UKRAINE. Public Administration and Law Review, (1), 83–91. https://doi.org/10.36690/2674-5216-2021-1-83

Issue

Section

CHAPTER 2. LEGAL RELATIONS: FROM THEORY TO PRACTICE