scholarly journals Administrative punishment of legal entities as an administrative coercion measure

2021 ◽  
pp. 185-190
Author(s):  
E. Yu. Politova
Keyword(s):  
Russian Federation ◽  
Judicial Practice ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Administrative Code ◽  
Administrative Sanctions ◽  
Legal Entities

Administrative penalties applied to legal entities are among the most common and effective measures of administrative coercion. The analysis of the legislation made it possible to identify the system of administrative penalties applied to legal entities in the Russian Federation. The author characterizes the system and the main types of administrative penalties of legal entities, such as a warning, an administrative fine, confiscation, administrative suspension of activity. It is noted that the most common is an administrative fine. However, there are problems with its appointment. The materials of judicial practice on the application of administrative sanctions to legal entities are analyzed. As a result of the analysis, the need to optimize administrative penalties applied to legal entities is noted. The article examines the norms of the draft Administrative Code of the Russian Federation in relation to administrative penalties applied to legal entities. The positive and negative aspects of the proposed codification are noted.

Review of the Practice of Consideration of Cases of Administrative Offenses under Article 6.1.1 of the Administrative Code of the Russian Federation

2020 ◽  
Vol 5 ◽  
pp. 60-75
Author(s):  
T. V. Fedorova ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Constitutional Court ◽  
Controversial Issues ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Administrative Code

The review examines the procedure for judges of courts of General jurisdiction in resolving cases of administrative offenses under article 6.1.1 of the administrative Code of the Russian Federation, and analyzes the practice of courts in various regions of the Russian Federation. The paper offers solutions to controversial issues of judicial practice, considers the positions of the constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the circumstances to be clarified in the case of an administrative offense under article 6.1.1 of the administrative Code of the Russian Federation.

scholarly journals Simplified Proceedings on Administrative Offenses with the Application of Part 2 of Article 28.6 of the Administrative Offense Code of the Russian Federation and Analysis of the Court Practice Resulting from Revision of Ruling Ordering Administrative Punishment

2021 ◽  
Vol 4 ◽  
pp. 27-30
Author(s):  
Natalya V. Landerson (Tiunova) ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Administrative Code ◽  
Court Practice

Тhe article considers topical issues of application of part 2 of article 28.6 of the Russian code of administrative offences, which provides for the exercise of the procedural actions of officials in case of consent of the person against whom the proceedings are conducted, with the event of a breach or appointed administrative punishment on the spot without a Protocol on a place of Commission of the offense. The positions of judicial authorities when considering complaints against rulings in this category of cases are given, and a new version of article 28.6 of the administrative Code of the Russian Federation is proposed, which will streamline law enforcement practice under this rule, minimize disputes related to the issue of proving the event of a misdemeanor, and significantly reduce the burden of courts of General jurisdiction on reviewing cases of administrative offenses in this category.

scholarly journals Liability of Legal Entities for Offenses Recorded by Special Technical Devices

2020 ◽  
Vol 1 (12) ◽  
pp. 11-16
Author(s):  
P. N. Smolyakov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Video Recording ◽  
The State ◽  
Commercial Vehicles ◽  
Illegal Behavior ◽  
Automatic Mode ◽  
The Russian Federation ◽  
Administrative Code ◽  
Legal Entities

The article is devoted to the exemption of legal entities from liability for administrative offenses recorded by special technical devices operating in an automatic mode and having functions of photo and film shooting, video recording, or by means of photo and film shooting, video recording. It is noted that the existing regulation in the Administrative Code of the Russian Federation in the interpretation of the highest court and other courts makes such liability ephemeral, allowing to arbitrarily shift it, for example, onto natural persons, e.i. drivers of vehicles belonging to legal entities. This situation allows legal entities with a large number of commercial vehicles throughout the country to easily avoid paying large amounts of administrative fines, which has nefative effect on pumping up the treasury and encourages further illegal behavior of their drivers on the roads. The author proposes to discuss the state of legislation and law enforcement on this issue.

scholarly journals ON THE QUESTION OF POSSIBILITY TO INTRODUCE IN RUSSIA A CRIMINAL LIABILITY AND CRIMINAL PUNISHMENTS OF LEGAL ENTITIES (COMPARATIVE ASPECT)

2017 ◽  
pp. 21-25
Author(s):  
Владислав Артемов ◽  
Vladislav Artemov
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Current Debate ◽  
Criminal Sanctions ◽  
Russian Scientific ◽  
French Experience ◽  
Comparative Aspect ◽  
The Russian Federation ◽  
Administrative Code ◽  
Legal Entities

The article is devoted to a problem that causes a lot of controversy in a Russian scientific community at present: the possibility and expediency of introducing in Russia the institute of criminal liability of legal persons. The author underlines the problems of this issue. The main arguments of both supporters and opponents of criminal liability of legal persons are presented. Among the main arguments against – the question of personal guilt, which is a major problem and an obstacle to the introduction of this institute, the possibility of tightening the liability of legal persons in other branches of law, etc. Among the main supporting arguments of legal entities’ the criminal liability, referred to in this article, there are international obligations of the Russian Federation, greater efficiency of criminal sanctions, criminal record of legal persons, judicial optimization and others. Attention is also paid to the fact that since 2002 in the Russian Federation there has already existed administrative liability of legal persons, which was one of the major novelties of the Administrative Code, 2002. Russian administrative scholars have formulated the theoretical and practical bases of administrative liability of legal persons that can be used and the introduction of criminal liability of legal persons. In addition, attention is paid to the current debate in Russia on the possible introduction of the category of criminal offence and the possible merging of criminal liability and administrative liability in one single form of legal liability. In this connection it may be interesting to refer to the French experience, where are three categories of offences: crime, délit and contravention. At the end of the article the author points out the objective difficulties of the possible introduction into the domestic legal system the institute of legal persons’ criminal liability, which is caused by a number of reasons, first of all by the established principles of domestic criminal law doctrine.

Review of the Practice of Application by Judges of Article 2.7 of the Administrative Code of the Russian Federation in the Resolution of Cases of Administrative Offenses

2021 ◽  
Vol 3 ◽  
pp. 66-80
Author(s):  
T. V. Fedorova ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Constitutional Court ◽  
Controversial Issues ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Administrative Code ◽  
Relationship Of ◽  
The Relationship

The review examines the rules and procedure for judges actions in resolving cases of administrative offenses with the application of the provisions of Article 2.7 of the Administrative Code of the Russian Federation; analyzes the practice of courts in various regions of the Russian Federation. Proposed solutions to controversial issues of judicial practice, the position of the constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the content and the relationship of the terms to be clarified in the case of an administrative offense, with the purpose of application of article 2.7 of the Administrative Code.

scholarly journals Failure to Comply with the Legal Requirements of the Bailiff as a Sign of Violation of the Legislation on Enforcement Proceedings

2020 ◽  
Vol 4 (91) ◽  
pp. 29-33
Author(s):  
A.O. Shveyger ◽  
Keyword(s):  
Russian Federation ◽  
Legal Requirements ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Objective Side ◽  
Administrative Code ◽  
Administrative Responsibility

The sphere of enforcement proceedings is a part of the system of the mechanism for the implementation of judicial acts and acts of other bodies and officials adopted in order to implement the legislation of the Russian Federation and restore broken relations. Officials of the enforcement agency have the authority to make decisions that are binding on their addressees. In case of failure to comply with such decisions, the current legislation provides for administrative liability. In judicial practice, disagreements often arise about the content of the objective side of Article 17.14 of the Administrative Code of the Russian Federation. The article analyzes the question of the characteristics and scope of the bailiff’s requirements, the failure to comply with which entails administrative responsibility. The conclusion about the legality or illegality of bringing to administrative responsibility for this offense is argued.

A criminal profiling of persons convicted for narcotic drugs and psychotropic substances illicit trafficking

2020 ◽  
Vol 2020 (3) ◽  
pp. 118-122
Author(s):  
Elizaveta Pavlik ◽  
Elena Ketenchieva
Keyword(s):  
Russian Federation ◽  
Leningrad Region ◽  
Public Interests ◽  
Drug Offenders ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Criminal Profile ◽  
Illicit Trafficking ◽  
Narcotic Drugs

This article provides a classification and characteristics of persons convicted for crimes in the field of narcotic drugs and psychotropic substances illicit trafficking. The article deals with the statistics in this sphere over the past five years. Based on the collected empirical evidence the authors analyzed the qualitative indicators of convicted drug offenders. The examination of statistical data from investigative and judicial practice on crimes in the field of narcotic drugs and psychotropic substances illicit trafficking made it possible to sketch a criminal profile of a person sentenced to imprisonment: a citizen of the Russian Federation, a male between 18 to 39 years, having a secondary general or vocational education. Moreover, the personality of a convicted person is characterized by his internal criteria deformation devaluing the norms and rules that express and consolidate public interests. The authors also conducted a comparative analysis of offenders convicted both in the Russian Federation and in such federal subjects as Saint-Petersburg and Leningrad region. The choice of St. Petersburg as one of the objects of this research is justified by the fact that it has been among the leaders of the regions with the largest number of recorded drug-related crimes for several years.

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