Publication date: 10.07.2024
Liability for violation of the rules for the provision of fisheries services
Fisheries services are an important component of natural resource management and economic activity, contributing to the conservation of water resources, maintaining the ecological balance and developing recreational fishing. Ensuring the quality and safety of these services is a key aspect of consumer protection and environmental protection. In this article, we will consider the main aspects of liability for violation of the rules for the provision of fishery services, the regulatory framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of fishery services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Fisheries, Commercial Fishing and Protection of Aquatic Bioresources":
- The main law defining the legal, organisational and economic principles of fisheries management, establishing requirements for the organisation and conduct of fishing, as well as liability for violations of legislation in this area.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection, including requirements for water bodies, protection of aquatic bioresources and environmental safety.
Law of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for the protection of consumer rights, including users of fisheries services, establishes consumer rights, obligations of service providers, and the procedure for complaints and consumer dispute resolution.
TheLaw of Ukraine "On Licensing of Economic Activities":
- Regulates the licensing of fisheries activities, sets requirements for entities providing fisheries services and mechanisms for monitoring their activities.
Water Code of Ukraine:
- Defines the legal framework for the use and protection of water resources, including requirements for fishery water bodies and their use.
Code of Administrative Offences (CAO):
- Provides for administrative liability for violation of the requirements of legislation on fisheries and protection of aquatic bioresources.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of fisheries, including poaching, illegal fishing and other offences.
Order of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of the Rules for Fisheries and Fishing":
- Establishes detailed rules for fisheries management, the procedure for organising and conducting fishing, requirements for equipment and safety of fishermen.
Major violations of the rules for the provision of fisheries services
The main violations of the rules for the provision of fisheries services may include:
Illegal organisation of fishing:
- Organising fishing without a licence or permit, fishing during a prohibited period or in prohibited areas.
Failure to complywith safety rules:
- Violation of safety requirements during the organisation and conduct of fishing, which can lead to injury or death of fishermen or other persons.
Inadequatequality of services:
- Provision of services that do not meet the established quality standards, non-compliance with the terms of the contract between the client and the organiser of fishing services.
Violation ofconsumer rights:
- Refusal to provide information about services, deception regarding the quality or cost of services, failure to fulfil warranty obligations.
Poaching:
- Illegal fishing without a permit, fishing during a prohibited period or with prohibited gear.
Violation of environmental standards:
- Failure to comply with environmental standards and requirements for the conservation of water resources, causing damage to aquatic bioresources and natural ecosystems.
Types of liability for violation of the rules for the provision of fisheries services
Violations of the rules for the provision of fisheries services can lead to different types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of the requirements of the legislation on fisheries and protection of aquatic bioresources, non-compliance with quality standards, violation of consumer rights and other administrative offences. Sanctions may include fines, warnings, and temporary suspension of a business entity.
Civil liability:
- Civil liability is incurred in case of material or moral damage to clients as a result of improper provision of fishery services. Clients have the right to seek compensation through the courts. Liability may include compensation for material damage (cost of improperly provided services, medical expenses, etc.) and non-pecuniary damage (humiliation, mental stress).
Criminal liability:
- Criminal liability is incurred for committing crimes such as poaching, illegal fishing, and violations of safety rules that result in serious consequences for the health or life of clients. Sanctions may include fines, imprisonment, and a ban on certain activities.
Procedure for bringing to liability
The procedure for holding business entities and their employees liable for violations of the rules for the provision of fisheries services depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences may be detected during inspections by regulatory authorities (State Agency of Fisheries of Ukraine, State Service of Ukraine on Food Safety and Consumer Protection) or following complaints from customers. If violations are detected, an administrative protocol is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, clients may file a lawsuit for damages. The court examines evidence of improper provision of fisheries services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court decides on the compensation of damages.
Criminal procedure:
- In the event of crimes in the fisheries sector, victims or other interested parties may file a criminal complaint with law enforcement agencies.
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