Publication date: 11.07.2024
Liability for violation of the rules for the provision of agricultural services
Agricultural activities are one of the key sectors of the Ukrainian economy, which ensures the country's food security and a significant part of its export potential. The provision of quality agricultural services plays an important role in the development of this sector. At the same time, compliance with established rules and standards is mandatory to ensure safety, product quality and consumer protection. Violation of these rules can have serious consequences for service providers. In this article, we will look at the main aspects of liability for violation of the rules for the provision of agricultural services, the legal framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of agricultural services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Agriculture":
- The main law defining the legal, organisational and economic principles of agriculture, establishing requirements for the organisation and conduct of agricultural operations, as well as liability for violations of the legislation in this area.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of service and goods providers, and the procedure for handling complaints and resolving consumer disputes.
Law of Ukraine "On Licensing of Economic Activities":
- Regulates the licensing of agricultural activities, establishes requirements for entities providing agricultural services and mechanisms for controlling their activities.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection, including requirements for the protection and use of land resources, biodiversity protection and environmental safety.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and suppliers of agricultural services, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Code of Administrative Offences (CAO):
- Provides for administrative liability for violation of the requirements of the legislation on agriculture and land protection.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of agriculture, including illegal use of land, violation of land use rules and other offences.
Order of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of the Rules of Conducting Agricultural Activities":
- Establishes detailed rules for conducting agricultural activities, the procedure for organising and conducting agricultural activities, requirements for equipment and worker safety.
Major violations of the rules for the provision of agricultural services
The main violations of the rules for the provision of agricultural services may include:
Illegal use of land:
- Conducting agricultural work without a licence or permit, using land for other purposes, violating land use regulations.
Non-compliance with safety rules:
- Violation of safety requirements during the organisation and conduct of agricultural operations, which may lead to injury or death of workers 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 agricultural services.
Violation ofconsumer rights:
- Refusal to provide information about services, deception regarding the quality or cost of services, failure to fulfil warranty obligations.
Violation of environmental standards:
- Failure to comply with environmental standards and requirements for the preservation of land resources, damage to natural ecosystems.
Types of liability for violation of the rules for the provision of agricultural services
Violations of the rules for the provision of agricultural services can lead to different types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of agricultural and land protection legislation, non-compliance with quality standards, violations 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 the event of material or moral damage to customers as a result of improper provision of agricultural services. Customers have the right to seek compensation through the courts. Liability may include compensation for material damage (cost of improperly provided services, costs of land restoration, etc.) and non-pecuniary damage (humiliation, mental stress).
Criminal liability:
- Criminal liability is incurred for crimes such as illegal use of land, violation of land use rules that have led to severe consequences for the environment or human health. Sanctions may include fines, imprisonment, and prohibition to engage in 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 agricultural 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 Inspection of Agriculture of Ukraine, State Service of Ukraine for Food Safety and Consumer Protection) or by customer complaints. 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 agricultural services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court decides on the compensation of damages.
Criminal procedure:
- In case of crimes committed in the field of agriculture, victims or other interested parties may file a criminal complaint with law enforcement agencies.Thus, it does not matter whether a lawyer is consulted or a lawyer is consulted. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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