The publication on an explanation of the law on quarantine of plants proceeds. In this issue of the newspaper the following questions are considered:
1) control over the implementation of a quarantine mode;
2) rights of the state inspector;
3) responsibility for violations of the rules of fight against quarantine wreckers and diseases of plants.
(Termination. The beginning in No. 46 (265)).
- to make inspection and fytosanitory examination of objects of regulation;
- to carry out state control by a zavyyopolneniye of fytosanitory meropriyoyatiya;
- to give out according to the law karanyotinny permissions;
- to coordinate monitoring, identification and an identiyofikatsiya of adjustable harmful organisms in Ukraine;
- to prepare the list adjustable harmful organizmov and objects of regulation;
- to supervise fumigation (disinfecting) of objects of regulation which move through frontier of Ukraine and/or border of karanyotinny zones;
- to notify the interested partners on a fytosanitory ban or restrictions;
- to establish specially certain percent of cargoes which are subject to selective fytosanitory boundary control;
- to keep the nation-wide register of the persons which deyatelyyonost register;
- to answer inquiries of rather fytosanitory actions.
Decisions of the state inspector on quarantine of plants otnoyositelno a ban of cultivation, export, import, a transporyotirovka (including export, an import, transit), storages, realization or uses of plants and products of their processing are obligatory for execution (Art. 11 of the Law on quarantine).
The state inspectors on quarantine of rasteyoniya have the right (Art. 10 of the Law on quarantine):
- to carry out fytosanitory procedures in an otnoyosheniye of objects of regulation;
- to detain objects of regulation for an inspektiyorovaniye and fytosanitory examination if they peremeshhayutsya without the necessary fytosanitory documents or don’t correspond to fytosanitory requirements;
- to carry out the state control and supervision, inspection and monitoring of the corresponding terriyotoriya, objects of regulation;
- to receive information necessary for an osushchestvyoleniye of the powers;
- to select samples from party of plants and rastitelyyony products for fytosanitory examination;
- to publish within the powers a rasporyazheyoniya which are subject to obligatory execution, on carrying out fytosanitory actions;
- to provide the conclusions to bodies of insurance otyonositelno the put losses owing to elimination of quarantine organisms;
- to impose in an order provided by the law, adyoministrativny collectings on the persons guilty of a narusheyoniya of the legislation on quarantine of plants.
Besides, Art. 10 of the Law on quarantine grants to gosinspekyotor the right of unhindered access to moshhnostyam (objects) of production and a turn of objects of a reguyolirovaniye of plants for implementation of checks. Odnayoko it doesn’t mean that the inspector can visit on the enterprise when to it will take in head. For economy visit the state inspector should poluchit the official direction on check, in the kotoyory fix:
1) direction date of issue;
2) the name of body of Public service on karantinu plants of Ukraine;
3) purpose and type of check;
4) the bases for check;
5) dates of its beginning and termination;
6) positions, ranks and surnames of the checking.
It is valid only in the presence of the signature of a rukoyovoditel of body of Public service on quarantine of plants of Ukraine fastened by its press.
The enterprise has all bases not to allow to a proyoverka of the inspector without such certificate (Zakoyon’s Art. 10 about quarantine).
RESPONSIBILITY FOR VIOLATIONS
Article 47 of the Law about quarantine provides an otvetyostvennost for:
- distribution of quarantine organisms;
- violation of requirements of fytosanitory actions;
- default of the order of the state inspector on karantinu plants concerning carrying out quarantine actions;
- not carrying out registration;
- the non-notification of the state inspector on quarantine of rasteyoniya about identification of adjustable harmful organisms;
- delivery on the territory of Ukraine, export from karantinyony zones of objects of regulation which didn’t pass fytosanitory control, and their realization;
- ignoring of legal requirements of public officials which carry out the state control of observance of the legislation on quarantine of plants.
But which responsibility, the Law on quarantine doesn’t specify. But KOAP (Art. 105) says that for violation of the rules of fight against quarantine wreckers and boleznyami plants and weeds it is necessary to impose a penalty on citizens at the rate from 68 to 170 UAH., and on officials – from 136 to 255 UAH.
At export from boundary sea and river ports (piers), railway stations, road service stations (autostations), the airports and other border check-points of the materials delivered from foreign countries which didn’t pass quarantine check or the corresponding obyorabotka, violators – officials according to Art. 106 of KOAP punish a penalty from 221 to 306 UAH. (grazhdan – from 51 to 170 UAH.).
If violation of the legislation entailed the heavy consequences, the guilty person can involve and to criminal responsibility – it is waited by a penalty to 1700 UAH. or ograyonicheny freedoms for the term up to the 2nd years (UKU Art. 247). About what consequences there is a speech? The answer we will find in the item 5 a postanovleyoniya of Plenum of the Supreme Court of Ukraine "About judicial praktike on cases of crimes and others pravonarusheniyax against environment" from 10.12.04 of No. 17. On VSU mneyoniya, as heavy consequences understand:
- death or mass disease of people;
- essential deterioration ecological obstanovki in this or that region (district);
- disappearance, mass death or heavy zaboyolevaniye of objects of an animal and flora;
- impossibility to recreate during prodolzhitelyyony time those or other natural objects or ispolzovat natural resources in a certain region;
- genetic transformation of those or other priyorodny objects;
- causing of a material damage in especially large sizes, etc.
In case of an adminnarusheniye the protocol is made out by dolzhyonostny persons of civil service on quarantine of plants (KOAP Art. 255). This document, according to item 2.10 of Provision on registration of materials, make in duplicate, one of which remains at the state inspector on quarantine of plants, and the second hand over to the offender under raspisku or direct the registered mail within 3 days from the moment of drawing up.
According to KOAP Art. 2382 cases of adminnarusheniye, svyazanyony with violation of the rules of fight against quarantine vreyoditel and diseases of plants isornyakami, and also export of materials which didn’t pass quarantine check or the corresponding processing, bodies of civil service on quarantine of plants of Ukraine are engaged. From their name to consider cases and to impose adminvzyskaniye it is authorized:
- to the chief of the Main state inspectorate for quarantine of plants of Ukraine – to the Main gosudarstvenyony inspector on quarantine of plants of Ukraine and his deputies (a penalty for citizens – to 170 UAH., for public officials – to 306 UAH.);
- to the main state inspectors on karantinu plants of AR Crimea, areas, the city of Kiev and to their zameyostitel (a penalty for citizens – to 170 UAH., for dolzhyonostny persons – to 255 UAH.);
- to the state inspectors on quarantine of plants (a penalty for citizens – to 68 UAH., for public officials – to 238 UAH.).
As you can see, the law is strict. However, legislative readers of sanctions aren’t afraid and any check perceive spoyokoyno. That and to you we wish!
(On newspaper materials "All about accounting").