Правове регулювання юридичної відповідальності у сфері протимінної діяльності

Scientific study is devoted to the problems of legal regulation of legal liability in the field of mine action. The legislative and by-laws that regulate mine action and establish the legal principles of criminal, administrative, and civil liability are studied. The works of researchers who studied the general theoretical principles of legal liability and the features of criminal liability for crimes against production safety are analyzed. Legal liability for offenses in the field of mine action is determined by applying administrative, criminal, or civil liability measures to violators of safety and labor protection rules during demining. It is established that violators of the rules for conducting mine action may be held criminally, administratively, or civilly liable for certain offenses. It is argued that administrative liability is established for violations of labor protection rules during demining and conducting mine action without obtaining a certificate of compliance with mine action processes. It is concluded that such offenses can be qualified under Part 5 of Article 41 of the Code of Administrative Offenses and Part 1 of Article 164 of the Code of Administrative Offenses. It is established that violations of the rules of labor protection and production safety, which caused harm to the health of the victims, can be qualified as crimes provided for in Articles 271 and 272 of the Criminal Code of Ukraine. It is found that causing damage to the property of individuals or legal entities during demining or violating safety rules may be grounds for civil liability. The author proposes amendments to the legislation of Ukraine in order to improve legal regulation in the field of mine action. The author substantiates the expediency of including demining in the List of high-risk works. The author concludes that it is necessary to legislate the concept of “production” in the Criminal Code of Ukraine not only as an activity related directly to the creation of products, but also as any other activity of an enterprise based on human labor and aimed at achieving results. The author identifies promising areas for further scientific research in this area.