Some Issues of Law-Enforcement Activities of Customs Authorities in Bringing Foreign Legal Entities to Administrative Responsibility

Рассматриваются проблемные вопросы привлечения таможенными органами к административной ответственности иностранных юридических лиц. При производстве дел об административных правонарушениях предлагается применять наложение ареста на морские суда.

Administrative Responsibility

American Journal of Islam and Society ◽

10.35632/ajis.v13i4.2295 ◽

1996 ◽

Vol 13 (4) ◽

pp. 497-517

Author(s):

Abdel Rahman Ahmed Abdel Rahman

Keyword(s):

Law Enforcement ◽

Social Services ◽

Public Trust ◽

General Term ◽

Public Utilities ◽

Potential Threat ◽

The Public ◽

Public Bureaucracy ◽

Basic Services ◽

Public bureaucracies, a general term including government agenciesand departments in the areas of public utilities, social services, regulatoryservices, security, and law enforcement, are indispensable to our welfare;we need them for the provision of these basic services. To provide theseservices, bureaucracies need such resources as power and money. Thepower of bureaucracies is compounded by their virtual monopoly of technicalexpertise, which puts bureaucrats at the forefront of public policymaking.Indispensable to our welfare though they are, public bureaucracies alsopose a potential threat. In view of the technical knowledge they have andtheir consequent important role in policy making, they may dominate publiclife. In other words, they may develop into a power elite and, as a result,act as masters of the public rather than as its servants. More disturbingly,they may not use the public trust to serve the public or respond to its needs.Still more disturbingly, they may breach the public trust or abuse the powerentrusted to them.All of these possibilities have given rise to a widespread fear ofbureaucracy. In some societies, this fear has reached pandemic levels.Fear of bureaucracy is not unwarranted; there is a consensus and concernin administrative and academic circles that the degree of bureaucraticaccountability has declined in both developed and developingcountries. A central issue with public bureaucracy has always beenhow to make it behave responsibly or in the public interest. Despite aplethora of mechanisms for ensuring administrative responsibility orbureaucratic responsiveness, many public bureaucracies may still be unresponsive and unaccountable ...

DEPENDENCE OF THE COMPANY'S LEGAL PERSONALITY FROM THE PERSONALITY OF ITS SHAREHOLDER AS A TREND OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

Пробелы в Российском законодательстве ◽

10.33693/2072-3164-2021-14-2-052-058 ◽

2021 ◽

Vol 14 (2) ◽

pp. 52-58

Author(s):

MARIETTA SHAPSUGOVA ◽

Keyword(s):

Law Enforcement ◽

Limited Liability ◽

Complete Separation ◽

Socialist Economy ◽

Legal Entity ◽

Legal Personality ◽

Long Time ◽

Law And Legislation ◽

Market Relations ◽

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

Analytical Review of Court Cases Considered with the Participation of Antimonopoly Authorities

Russian competition law and economy ◽

10.47361/2542-0259-2021-4-28-88-92 ◽

2022 ◽

pp. 88-92

Author(s):

L. V. Vovkivskaya ◽

E. V. Savostina

Keyword(s):

Law Enforcement ◽

Court Cases ◽

Antitrust Laws ◽

State Preference ◽

Analytical Review ◽

Analysis of the legal positions of arbitration courts in cases of violation of antimonopoly legislation regarding the consideration of issues: the statute of limitations for bringing to administrative responsibility, the grounds for refusing to provide state preference, the consideration of complaints about the actions of bidders/operators carried out during the mandatory procedures applied in the bankruptcy case.Objective: to develop uniform approaches in law enforcement practice in cases of violation of antitrust laws.

CURRENT ADMINISTRATIVE RESPONSIBILITY OF LEGAL ENTITIES

State and Regions. Series: Law ◽

10.32840/1813-338x-2020.3.14 ◽

2020 ◽

pp. 82-86

Author(s):

Yu. Yu. Pustovit ◽

O. V. Zapototska ◽

V. O. Timashov

Keyword(s):

FEATURES OF THEACTIVITIES OF THE ROAD SAFETY SERVICE ON THE CONSIDERATION OF APPLICATIONS FROM INDIVIDUALS AND LEGAL ENTITIES

Journal of law research ◽

10.26739/2181-9130-2021-2-5 ◽

2021 ◽

Vol 6 (2) ◽

pp. 34-41

Author(s):

Humoyun Jamoldinov ◽

Keyword(s):

Road Safety ◽

The State ◽

The Road ◽

The People ◽

Traffic Rules ◽

The article discusses the reforms carried out by the road police in the country, the peculiarities of considering appeals of individuals and legal entities to the road safety service, the main tasks of the state road police, the Code of Administrative Responsibility. There are also proposals based on the current traffic rules, based on civil and criminal laws. Itwas concluded that the proposals served the interests of the people

On the Issue of the Specifics of the Division of Administrative Responsibility in Case of Violation of Fire Safety Requirements

Sociology and Law ◽

10.35854/2219-6242-2021-3-94-98 ◽

2021 ◽

pp. 94-98

Author(s):

E. A. Inshakova

Keyword(s):

Law Enforcement ◽

Fire Safety ◽

Safety Requirements ◽

First Time ◽

Safety Rules

The author analyzes the current problems in the division of administrative responsibility for violation of fire safety rules in the case of several subjects of an administrative offense, provided that all actions to comply with fire safety rules were assigned to other persons in the performance of civil contracts. The problem lies in the fact that currently there is a law enforcement practice, based on which, regardless of the imposition by the owner of the property of the obligation to comply with the rules in the field of fire safety on other subjects of civil legal relations, administrative responsibility can still be applied to the owner of the property. The novelty of the study is that the paper for the first time formulated a position on the full transfer of the obligation to comply with fire safety requirements from the owner of the property to other persons, guided by the primary right of the owner to dispose of the property at his discretion.

Recovery of Damages from the Head of an Economic Entity: Legislation of the Russian Federation and Law Enforcement Practice

SHS Web of Conferences ◽

10.1051/shsconf/20196210003 ◽

2019 ◽

Vol 62 ◽

pp. 10003

Author(s):

Y.A. Dorofeeva ◽

M.N. Zubkova

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Good Faith ◽

Legal Entity ◽

Historical Method ◽

Economic Entity ◽

Legal Method ◽

The Russian Federation ◽

The Right ◽

A legal entity as a union recognized in law and absent as an independent entity outside the law, exists and carries out its activities through the governing bodies whose composition and competence are always predetermined by the norms of positive law. Undoubtedly, the rights of the governing bodies of a legal entity, as well as the duties of the head of the organization, must be strictly predetermined and have limits defined by law. Failure of this rule would mean the possibility of abuse of the right by the governing bodies of legal entities, their release from the obligation to lead the organization in good faith and reasonably, evasion from the fulfillment of obligations assumed by the legal entity through the sole executive body or another governing body of the organization. In order to prevent harm to the organization and third parties, the governing bodies of the legal entity, the legislator set certain rules for the activities of the governing bodies of the legal entity, as well as the grounds for applying measures of responsibility for violating such rules. The responsibility of the head includes the recovery of damages caused by his fault to a legal entity. The purpose of the study is to analyze the grounds and conditions for recovery of damages caused by the head of the organization in the legislation of the Russian Federation and arbitration practice. The objectives of the study are to determine the grounds for liability of the head of a legal entity in the form of damages, show the genesis of the formation of Russian legislation and the practice of its use by courts on recovering losses of a legal entity from the head of an organization, identify criteria for determining the presence of both good faith and reasonableness in the behavior of managers of legal entities, brought to responsibility in the form of the obligation to pay damages to the organization they lead. In carrying out the study, such methods were used as: general scientific - analysis, synthesis, comparison, generalization, historical method; private-scientific: formal-legal, comparative-legal, allowing to consider the issues of bringing to responsibility in the form of recovery of damages of the head of a legal entity; Formal legal method for determining the content of abstract categories - reasonableness, good faith, permissible behavior, method of system-structural analysis - to study the possibility of applying damages as a form of responsibility for the guilty behavior of a special entity - the head of a legal entity The result of the study is the establishment of the grounds and conditions for applying to the head (former head) of a legal entity responsibility in the form of recovery of damages caused to the organization managed by it, in the legislation of the Russian Federation and judicial practice. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

Administrative Prejudice in Criminal Law: Law Enforcement Problems

Journal of Russian Law ◽

10.12737/19772 ◽

2016 ◽

Vol 4 (6) ◽

pp. 0-0 ◽

Cited By ~ 1

Author(s):

Элина Сидоренко ◽

Elina Sidorenko

Keyword(s):

Content Analysis ◽

Law Enforcement ◽

Criminal Law ◽

Criminal Code ◽

Court Decisions ◽

Legal Institutions ◽

Methods Of Analysis ◽

The author analyzes the problem of inclusion in the Russian criminal law of the institute of administrative prejudice. The paper comprises three blocks: assessment of the need to introduce rules on prejudice in the Criminal Code; the timing of bringing persons to administrative responsibility and consideration of private issues of classification of individual components. The aim of the study is to develop scientifically based and up-to-date recommendations for the application of criminal law to administrative prejudice. The author achieves the goal through solving specific problems associated with the beginning of the expiration of the period of limitation for bringing persons to administrative responsibility, revealing differences in understanding by administrative and criminal legal institutions of the concepts of duplicity and recurrence and others. The author proposes the solution of these problems through the use of privatescientific methods of analysis: comparative legal, formal-legal methods, content analysis, and others. The study of court decisions and doctrinal positions on the classification of acts containing administrative prejudice has allowed the author to formulate a number of conclusions regarding the inconsistency of legislative structures of some articles of the Criminal Code. In particular, the use of different approaches to determining the time for bringing a person to administrative responsibility, the absence in Art. 154 and Art. 180 of the Criminal Code of indication on the prejudicial character of the rules etc draw objections. The author pays particular attention to assessing the recurrence of administrative offences and transition of this concept to criminal law relations.

Administrative Liability for Illegal Remuneration on Behalf of Legal Person

Journal of Russian Law ◽

10.12737/7545 ◽

2015 ◽

Vol 3 (2) ◽

pp. 0-0

Author(s):

Артем Цирин ◽

Artem Tsirin ◽

Сергей Зырянов ◽

Sergey Zyryanov

Keyword(s):

Law Enforcement ◽

Present Article ◽

Russian Federation ◽

Legal Person ◽

Criminal Prosecution ◽

Criminal Offence ◽

National Plan ◽

The Russian Federation ◽

Russian Law ◽

The present article is devoted to problem aspects of administrative responsibility for illegal remuneration on behalf of the organization in the Russian Federation. In the article on the base of law-enforcement practice are analyzed suggestions for improvement of legislative mechanisms of involvement organizations to responsibility for the corruption offenses made from a name or in interests of such organizations. Carrying out researches on the designated subject is provided by the National plan of corruption counteraction for 2014—2015. In Russian law-enforcement practice there are a lot of cases when the organization actively assists in criminal prosecution of the guilty person. However, judges make the organization responsible. Considering the big sizes of sanctions provided by this article, the situation is perceived as injustice and doesn´t promote achievement of the objectives of administrative responsibility. In this regard authors developed the special bases of releasing organization from responsibility in cases when governing bodies actively promote disclosure and investigation of the criminal offence made by interested person.

Criminal Enforcement Law Policy for Corporate

VNU Journal of Science Legal Studies ◽

10.25073/2588-1167/vnuls.4213 ◽

2019 ◽

Vol 35 (2) ◽

Author(s):

Dinh Thi Mai

Keyword(s):

Criminal Justice ◽

Law Enforcement ◽

Criminal Law ◽

Criminal Liability ◽

Enforcement Policy ◽

Corporate Criminal Liability ◽

Enforcement Policies ◽

Corporate criminal liability remain a very new issue for Vietnam's criminal justice background. Criminal judgment execution and criminal enforcement policy for corporate in Vietnam are still in the process of formulating and forming policies. Therefore, in this article, we study and discuss four factors that are considered the main pillars of criminal law enforcement policies for criminal, including: (1) Impact object of criminal law enforcement policy on corporate; (2) Object of criminal law enforcement policy for corporate; (3) Subjects of criminal law enforcement policies for corporate legal entities; (4) Forms and measures of criminal law enforcement policy for corporate. Keywords: Criminal law enforcement policy; corporate criminal; impact object; object; subject; form and measure of policy. References: Đỗ Đức Hồng Hà (2019). Nhận diện pháp nhân thương mại trong Luật Thi hành án hình sự (sửa đổi). Hội thảo khoa học về Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[2] Đinh Thị Mai (2019). Các yếu tố tác động tới chính sách pháp luật thi hành án hình sự đối với pháp nhân thương mại phạm tội. Hội thảo khoa học Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[3] Ngô Đức Minh (2019). Trình tự, thủ tục thi hành án và các biện pháp bảo đảm thi hành án cấm kinh doanh, cấm hoạt động trong một số lĩnh vực đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[4] Đậu Anh Tuấn (2019). Cơ quan quản lý nhà nước lĩnh vực hoạt động của pháp nhân thương mại và xác định trách nhiệm của cơ quan quản lý nhà nước trong thi hành án đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[5] Quốc hội (2015). Bộ luật Dân sự năm 2015.[6] Quốc hội (2014). Luật Doanh nghiệp năm 2014.[7] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Chứng khoán số 27/VBHN-VPQH ngày 18 tháng 12 năm 2013. [8] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Kinh doanh bảo hiểm số 12/VBHN-VPQH ngày 23 tháng 7 năm 2013. [9] Văn phòng Quốc hội (2018). Văn bản hợp nhất Luật Đầu tư số 06/VBHN-VPQH ngày 29 tháng 6 năm 2018.