PROBLEMS OF UNDERSTANDING THE LEGAL CATEGORIES OF INTRODUCTION AND IMPLEMENTATION OF ANTI-EPIDEMIC MEASURES

Abstract

The article is devoted to defining the concept of legal categories for the introduction and implementation of anti-epidemic measures under the current legislation of Ukraine. It is established that the legislative acts adopted in the field of healthcare and ensuring the epidemic well-being of the population do not contain the terms “introduction” and “implementation”. It is proposed to use the following pairs of terms as synonyms: implementation and organization, since they are both aimed at carrying out preparatory and other actions aimed at the first introduction of something into life, that is, giving it actual force, legitimation, etc.; introduction and implementation, as the direct implementation of something already put into practice, legitimized, etc. It was noted that at present a clear procedure for the introduction and implementation of anti-epidemic measures has not been approved in Ukraine, and normative legal regulation is limited to the consolidation of certain powers and the listing of certain antiepidemic measures, which need to be carried out in certain circumstances. It is formulated a general concept of the introduction and implementation of anti-epidemic measures, defined as activities carried out by authorized subjects of public administration, individuals and legal entities, aimed at achieving the goals of anti-epidemic measures, including ensuring the implementation of human rights and freedoms, which consists in creating the conditions necessary for the implementation of anti-epidemic measures in practice by performing preparatory actions and directly fulfilling the requirements, rules, recommendations embodying certain anti-epidemic measures. Need to improve the current legislation was noted, in particular in the direction of consolidating the necessary definitions, delimitation of powers to implement anti-epidemic and other measures, establishing a procedure for implementing anti-epidemic measures primarily on the part of public administration entities and the procedure for their implementation, updating provisions in accordance with legal reality, etc.