scholarly journals On Administrative Liability for Nuisance and Disturbance of Citizens

2021 ◽  
Vol 6 ◽  
pp. 45-50
Author(s):  
Yuriy M. Buravlev ◽  
Keyword(s):  
Protected Areas ◽  
Public Places ◽  
Administrative Penalty ◽  
Administrative Responsibility ◽  
Forced Eviction

The article analyzes effectiveness of the regulatory as well as administrative responsibility for disturbance of citizens’ peace and quiet in accommodation, protected areas and other public places. To improve the protection of citizens’ rights, the article justifies the need to introduce the new administrative penalty “Forced eviction from accommodation” for systematic and egregious disturbance of other citizens’ peace and quiet.

PROBLEMATIC ASPECTS OF IMPLEMENTATION OF ADMINISTRATIVE RESPONSIBILITY FOR NON-PAYMENT OF CHILD SUPPORT

2017 ◽  
Author(s):  
Viktoriia Chokhrii ◽  
Keyword(s):  
Child Support ◽  
Local Governments ◽  
The State ◽  
The Past ◽  
Control Functions ◽  
Labor Legislation ◽  
And Performance ◽  
Administrative Penalty ◽  
Executive Body ◽  
Administrative Responsibility

The article is devoted to the consideration of problematic aspects of the implementation of administrative responsibility for non-payment of child support, is used in the form of socially useful work. In particular, the essence of this type of administrative penalty is revealed. The study focuses on the problematic issues that arise in the implementation of the imposed administrative responsibility in the form of socially useful work. A number of problems concerning the legal application of Article 183-1 of the Code of Ukraine on Administrative Offenses (hereinafter – the Code of Administrative Offenses) and ways of their solution have been outlined. Amendments to the current legislation of Ukraine are proposed in order to improve the implementation of resolutions in cases of administrative offenses. In particular, it is proposed to monitor the workload of the staff of the territorial bodies of the State Executive Service in Ukraine and analyze their staffing standards and functional responsibilities for the preparation of materials under Article 183-1 of the Code of Administrative Offenses. In addition, it was proposed to improve the organization of the performance of socially useful work by local governments by conducting appropriate explanatory work and methodological assistance to local governments in organizing the solution of this issue. The article proposes to transfer control functions to the executive body, and to improve the duty imposed on local governments to provide socially useful work is to improve, including amendments to the labor legislation of Ukraine. It is noted that when drawing up an administrative offense or making a decision in the case, it is necessary to find out the presence or absence of circumstances that for good reasons made it impossible for the debtor to pay child support, or the existing alimony arrears for the past period. The expediency of development of methodical recommendations for local self-government bodies concerning the order of definition and performance of socially useful works is substantiated.

scholarly journals DISQUALIFICATION AS A MEASURE OF ADMINISTRATIVE RESPONSIBILITY

2021 ◽  
Vol 6 (6(56)) ◽  
pp. 43-45
Author(s):  
Aya Abilmanatovna Belyaeva ◽  
Irina Vladimirovna Krylova
Keyword(s):  
Russian Federation ◽  
Labor Legislation ◽  
Scientific Analysis ◽  
The Russian Federation ◽  
Critical Understanding ◽  
The Right ◽  
Administrative Penalty ◽  
Administrative Responsibility

In case of violation of labor legislation in the Russian Federation, such a type of punishment as disqualification is also applied. Disqualification by itself means the deprivation of an individual of the right to hold a position (most often a managerial one), which he held at the time of the administrative offense. It can be installed for a period of 1 to 3 years. The decision to impose an administrative penalty for violation of labor legislation in the Russian Federation in the form of a warning, as well as an administrative fine, is made by authorized officials of the Federal Service for Labor and Employment, in turn, the application of a sanction in the form of disqualification is imposed on judges. In this article, an attempt is made to scientific analysis and critical understanding of disqualification as a measure of administrative responsibility.

scholarly journals ON ISSUES OF ADMINISTRATIVE LEGISLATION REFORM IN REPUBLIC OF BELARUS IN 2020 (PART 2)

2020 ◽  
Vol 73 ◽  
pp. 71-79
Author(s):  
Vitalіy Bury ◽  
Keyword(s):  
Classification System ◽  
Criminal Responsibility ◽  
Criminal Punishment ◽  
Legal Origin ◽  
Administrative Legislation ◽  
Methodological Approaches ◽  
Administrative Penalty ◽  
Improvement Of Legislation ◽  
Administrative Responsibility ◽  
Legal Entities

First part of this article published in the current year journal’s issue no. 1 was concerned on methodological approaches to administrative legislation reformation in Belarus with regard to amendments to conceptual issues of administrative offences classification, system revision and differentiation of administrative penalties, reconsideration of essence of legal entities’ administrative responsibility, etc. Second part of this article is concerned on issues of administrative legislation reformation. It has been noted that improvement of legislation on administrative responsibility in Republic of Belarus should be carried out in full accordance with peculiarities of norms’ content and composition, concept of publicity and consequently public and fault-based responsibility for offence commitment. Matters of administrative legislation reformation from the perspective of synchronization of grounds for administrative responsibility with grounds for criminal responsibility and institute of such responsibility, expulsion of irrelevant and minimization of formal bodies of administrative offences (as well as offences having civil legal origin) from the Code of Republic of Belarus for Administrative Offences have been studied. The existence of problem of differentiation of amount of fine correlation as criminal punishment and as administrative penalty (such amounts are not synchronized and not harmonized between each other resulting in erosion of borderline between crimes and administrative offences) has been substantiated. It has been suggested to prescribe in court (or other authority empowered to conduct an administrative case) resolutions of penalty administration in the form of reprimand the recommendations on removal of causes and conditions of administrative offence committing and also to amend wording of Article 6.4 “Reprimand” of the Code of Republic of Belarus for Administrative Offences.

scholarly journals Antimonopoly compliance as the circumstance excluding responsibility of the legal entity

2019 ◽  
pp. 34-37
Author(s):  
V. V. Fadeyev
Keyword(s):  
Russian Federation ◽  
Legal Entity ◽  
The Russian Federation ◽  
Administrative Penalty ◽  
Administrative Responsibility

Antitrust compliance system has been one of the most topical issues in the sphere of antimonopoly legislation for the last few years. By now FAS of Russia has prepared the draft law, stipulating the introduction of the antitrust compliance institution and the amendments to the Administrative Offences Code of the Russian Federation, that should allow to mitigate administrative responsibility for the offender if the functioning compliance system is implemented. In this article the author is considering the antitrust compliance system not only as an instrument, that may allow to reduce the administrative penalty for the legal entity but also as a valid defense.

scholarly journals Directions of improving legal responsibility for committing administrative offenses related to corruption.

2021 ◽  
Vol 3 (3) ◽  
pp. 180-185
Author(s):  
Ihor Pastukh
Keyword(s):  
Public Service ◽  
Legal Responsibility ◽  
Social Harm ◽  
Judicial Practice ◽  
Special Part ◽  
State And Local ◽  
The Right ◽  
Administrative Penalty ◽  
The Relationship ◽  
Administrative Responsibility

An attempt was made to improve the relationship and consequences of administrative liability for corruption-related offenses and further public service, other employment, persons authorized to perform the functions of state and local self-government, and persons equated to them. Based on the analysis of the provisions of current legislation, judicial practice of its application, official interpretation of the law, attention is paid to legal uncertainty, elements of subjectivity in the appointment of courts such administrative penalties as deprivation of the right to hold certain positions or engage in certain activities. sanctions of articles of the Special part of the Code of Ukraine about administrative offenses. It is proved that the application of such an administrative penalty as deprivation of the right to hold certain positions or engage in certain activities should take into account the nature and type of the relevant offense related to corruption, proposed its own basis for their division into such types. Namely, among all types of administrative offenses related to corruption, there are those related to the performance of official duties and those related to the performance of such duties are not directly related. With this in mind, it is stated that the responsibility for their commission should not be the same because of their different social harm and danger. Emphasis is placed on the legislator's unequal approach to the consequences of bringing individuals to administrative responsibility for corruption-related offenses in the form of termination of public service or other employment. The author's approach to the solution of the specified problem is offered, namely – termination of performance of official or other powers as a result of bringing to administrative responsibility for the offenses connected with corruption, should be applied only for commission of those offenses which are directly connected with performance by the professional duties.

scholarly journals On the possibility of replacing administrative fine with another type of administrative penalty

2021 ◽  
pp. 42-47
Author(s):  
Dmitrii Novgorodov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Administrative Legislation ◽  
The Social ◽  
Natural Response ◽  
The Russian Federation ◽  
Low Efficiency ◽  
Administrative Penalty ◽  
Desirable Effect ◽  
Administrative Responsibility

The object of this research is the social relations arising with regards to bringing to administrative responsibility and imposition of administrative penalties in the form of administrative fine on the persons who have committed administrative offenses. The subject of this research is the current administrative legislation of the Russian Federation that regulates the procedure for bringing the offenders to administrative responsibility, as well as the materials of judicial statistics and practice on imposition of administrative penalties in the form of fines. Analysis is conducted on the amendments in administrative legislation that took place in recent years. The author compares the judicial statistics for the period from 2015 to 2019. The novelty consists in the fact that having analyzed the amendments in administrative legislation and judicial statistics, the author concludes that the practice of bringing the offenders to administrative responsibility testifies to the lack of effectiveness of the taken measures. The growing number of offenses indicates that administrative responsibility does not achieve the goals set by the Part 1 of the Article 3.1 of the Code of the Russian Federation on Administrative Offenses. The natural response of the legislator to low efficiency consists in increasing the size of administrative penalties and application of stricter sanctions, but it won’t produce the desirable effect. Therefore, the author offers to develop and adopt a new procedure for replacing one type of administrative penalty with another.

scholarly journals Insignificance in Committing Administrative Offences Provided by the Article 130 of the Code of Ukraine on Administrative Offences

2021 ◽  
pp. 121-137
Author(s):  
Viktor HRYSHCHUK ◽  
Volodymyr RYBALKO
Keyword(s):  
Police Officers ◽  
Drunk Driving ◽  
Common Basis ◽  
Judicial Practice ◽  
Illegal Behavior ◽  
One Year ◽  
Administrative Penalty ◽  
Mitigating Circumstances ◽  
First Time ◽  
Administrative Responsibility

The judicial practice of exemption of offenders from administrative responsibility due to insignificance provided by the Article 130 of the Code of Ukraine on administrative offences has been analyzed. The problems of interpretation of the evaluative term «insignificance» as a basis for exemption from administrative responsibility under Article 130 of the Code of Ukraine on administrative offences has been disclosed. The classification of the most frequent cases of drunk driving into the insignificant administrative offence has been reviewed in practice. In particular, «low index of blood alcohol content», «presence of mitigating circumstances», «positive person’s behavior after committing offence», «onset of intoxication due to the use of medicines», «no seizure of a vehicle by police officers». The delimitation of illegal behavior of a person that contains all indications of administrative offence, administrative offences with a formal composition, circumstances that mitigate responsibility, and insignificant administrative offence has been conducted. It has been indicated that person’s behavior after committed offence and circumstances that mitigate responsibility for administrative offence should not be taken into consideration for acknowledgment of its insignificance. It is identified that contrition of a guilty person, committing an offence for the first time or commitment by a person that has not been prosecuted before, difficult financial situation, compensation for the caused damage and existence of dependents, as 10 years ago continue to remain the most common basis for exemption of offenders from administrative responsibility due to insignificance. An extension term of up to one year of imposition of an administrative penalty for committing an offence provided by the Article 130 of the Code of Ukraine on administrative offences has been positively assessed.

scholarly journals Imposition of cumulative administrative penalty: technical-legal defects and law enforcement problems in the sphere of forest conservation

2021 ◽  
pp. 1-13
Author(s):  
Anna Viktorovna Korepina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Scientific Article ◽  
Simplified Approach ◽  
The Russian Federation ◽  
The Law ◽  
Administrative Penalty ◽  
Administrative Responsibility

The subject of this research is the social relations arising in the context of application of administrative sanctions for violating forestry legislation. The object of this research is the legislation on administrative offenses of the Russian Federation and foreign countries, law enforcement and judicial practice. The author observes the ambiguity of application of legislation on administrative offences by the state forestry departments in some constituent entities of the Russian Federation. Therefore, this scientific article indicates one of the relevant issues that stir up disputes among the law enforcement agencies – imposition of cumulative administrative penalty for violating forestry legislation. Using the universal dialectical, descriptive, and hermeneutical methods, the author analyzes the current administrative legal norms that regulate the procedure for imposition of cumulative administrative penalty. Special attention is given to the factors of ambiguity in law enforcement practice in terms of imposition of cumulative administrative penalty, which has developed due to the flaws in legal writing: 1) the absence of conceptual scientific developments dedicated to imposition of administrative penalty for cumulative administrative offenses; 2) simplified approach towards legal regulation of certain institutions of administrative responsibility that generates gaps in the legislation on administrative responsibility, which must filled in by law enforcement practice; 3) inappropriate interpretation of norms of the Article 4.4. of the Code of the Russian Federation on Administrative Offences by the law enforcement, and namely, judicial bodies. The scientific novelty consists in recommendations for improving the provisions of the Code of the Russian Federation on Administrative Offenses in this sphere. The conclusions are based on the formal-legal and logical methods of research.

Domestic allergens in public places II: dog (Can f 1) and cockroach (Bla g 2) allergens in dust and mite, cat, dog and cockroach allergens in the air in public buildings

1996 ◽  
Vol 26 (11) ◽  
pp. 1246-1252 ◽  
Author(s):  
A. CUSTOVIC ◽  
R. GREEN ◽  
S. C. O. TAGGART ◽  
A. SMITH ◽  
C. A. C. PICKERING ◽  
...  
Keyword(s):  
Public Buildings ◽  
Public Places ◽  
Can F 1
Sign in / Sign up

Export Citation Format

Share Document