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.

ADMINISTRATIVE AND LEGAL RESPONSIBILITY OF ORGANIZATIONS AS A MEANS OF ANTI-CORRUPTION

2021 ◽  
pp. 39-43
Author(s):  
Л.Н. Сморчкова
Keyword(s):  
Russian Federation ◽  
Legal Responsibility ◽  
Legal Entity ◽  
The Russian Federation ◽  
Administrative Responsibility

В статье исследуются особенности привлечения организаций к административной ответственности по статьям 19.28 и 19.29 КоАП РФ, а также по ряду составов административных правонарушений, косвенно указывающих на наличие в них коррупционной направленности. Рассматривается проблема расширения административной ответственности организаций и лиц в случаях совершения коррупционного правонарушения от имени или в интересах юридического лица. The article examines the features of bringing organizations to administrative responsibility under Articles 19.28 and 19.29 of the Administrative Offenses Code of the Russian Federation, as well as for a number of administrative offenses that indirectly indicate the presence of corruption in them. The problem of expanding the administrative responsibility of organizations of persons in cases of committing a corruption offense on behalf of or in the interests of a legal entity is considered.

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.

SOME ISSUES OF BRINGING CITIZENS TO ADMINISTRATIVE RESPONSIBILITY FOR ILLEGAL ENTREPRENEURSHIP

2019 ◽  
pp. 51-58
Author(s):  
Alexei Popov
Keyword(s):  
Russian Federation ◽  
Legal Issues ◽  
Legal Entity ◽  
The Russian Federation ◽  
State Registration ◽  
Administrative Proceedings ◽  
Entrepreneurial Activities ◽  
Administrative Responsibility

The article analyzes the substantive and procedure legal issues of bringing citizens to administrative responsibility for entrepreneurial activities without state registration as an individual entrepreneur or legal entity (an administrative offense provided for by p. 1 of Art. 14.1 of the Administrative Offenses Code of the Russian Federation). Based on the analysis of legal acts and practice of initiating administrative proceedings the author concludes that there is the need to clarify a number of norms of the Administrative Offenses Code of the Russian Federation.

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 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.

INHERITANCE OF THE PROPERTY OF A MEMBER OF A PEASANT (FARMER) FARM

2021 ◽  
Author(s):  
Татьяна Алексеевна Безгодкова ◽  
Людмила Дмитриевна Туршук
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Peasant Farmer ◽  
Legal Entity ◽  
The Russian Federation

В статье рассматриваются проблемы правового регулирования наследования имущества члена крестьянского (фермерского) хозяйства. КФХ может существовать в двух формах: как юридическое лицо и без образования юридического лица. ГК РФ определяет порядок перехода по наследству имущества лишь КФХ без образования юридического лица. The article deals with the problems of legal regulation of inheritance of property of a member of a peasant (farmer) farm. PFF can exist in two forms: as a legal entity and without the formation of a legal entity. The Civil Code of the Russian Federation defines the procedure for the inheritance of property only in a farm without the formation of a legal entity.

scholarly journals The Material and Procedural Aspects of Non Bis In Idem Principle in Proceedings on Administrative Offenses

2021 ◽  
Vol 4 ◽  
pp. 39-42
Author(s):  
Artem R. Nobel ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Procedure ◽  
European Court ◽  
The Russian Federation ◽  
Administrative Responsibility

The essence of the principle of one-time administrative responsibility is considered, its concept and proposals for improving the provisions of the Code of Administrative Offenses of the Russian Federation are formulated. The conclusions are based on the provisions of the legislation on administrative offenses, the legal positions of the highest courts of the Russian Federation, the European Court of Human Rights, a comparative analysis of the current criminal and criminal procedure legislation. The operation of the principle non bis in idem in proceedings on the cases of administrative offenses is revealed by highlighting the material and procedural elements that make up its content.

scholarly journals The Establishment and Development of Administrative Liability for Offenses Related to Land Relations in the Russian Federation

2020 ◽  
Vol 10 ◽  
pp. 67-69
Author(s):  
Vera V. Zinovyeva ◽  
Keyword(s):  
Russian Federation ◽  
Land Relations ◽  
The Russian Federation ◽  
The Relationship ◽  
Historical Periods ◽  
Administrative Responsibility

The article examines the concept and essence of administrative responsibility for offenses in the field of land relations in the Russian Federation, identifies the main historical periods of the formation and development of administrative responsibility for the offenses in our country, explores the relationship between the concepts of «land offense» and «offense in the field of protection and use lands».

scholarly journals PROBLEMS OF PROTECTING THE BUSINESS REPUTATION OF A LEGAL ENTITY

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 395-402
Author(s):  
A. M. Yaroshevskaya ◽  
A. A. Murtazaeva
Keyword(s):  
Russian Federation ◽  
Legal Entity ◽  
Legal Relationship ◽  
The Russian Federation

This study focuses on issues related to protecting the business reputation of a legal entity. The authors ana-lyze the concept of business reputation and the factors that influence its formation. Along with the grounds for the legal relationship to protect business reputation, the conditions excluding liability are also discussed. The authors conclude that, despite the presumption of business reputation, it is a positive business reputation that is subject to protection. At the same time, they recognize that the identified numerous gaps in the current civil legislation of the Russian Federation cause certain difficulties in applying standards in the field of business reputation protection in practice.

scholarly journals Failure by Parents or Other Legal Representatives of Minors to Fulfill Their Obligations to Teach the Latter the Traffic Rules, to Foster a Responsible Attitude to Their Compliance, Expressed in the Admission of Driving Vehicles by Minors Who Do Not Have This Right, Which Caused Serious Consequences Due to Negligence

2020 ◽  
pp. 57-61
Author(s):  
Aleksei Viktorovich Ravnyushkin ◽  
Aleksandr Petrovich Nagorny
Keyword(s):  
Russian Federation ◽  
Motor Vehicle ◽  
Criminal Liability ◽  
Motor Vehicles ◽  
Administrative Punishment ◽  
Responsible Attitude ◽  
The Russian Federation ◽  
The Right ◽  
Traffic Rules ◽  
Administrative Responsibility

One of the most acute problems nowadays is the prob-lem of reducing not only the rate of accidents, but also the number of injuries and deaths on the roads. The in-crease in the number of minors injured in road acci-dents, including those driving motor vehicles, causes particular concern. It is stated that bringing individuals to administrative responsibility is possible for transfer-ring control of a motor vehicle to a person who knowing-ly does not have the right to drive a motor vehicle under Part 3 of Article 12.7 of the Code of Administrative Of-fences of the Russian Federation, and also for not taking measures to prevent repeated driving vehicles by mi-nors who do not have such right, under Part 1 of Article 5.35 of the Code of Administrative Offences of the Rus-sian Federation. However, administrative responsibility and measures of administrative punishment do not pre-vent serious socially dangerous consequences from driving motor vehicles by minors who do not have this right. The present study substantiates the need to estab-lish criminal liability for failure by parents to fulfill their obligations to educate and teach minors to observe traf-fic rules, which is expressed in letting minors drive mo-tor vehicles without having this right, which resulted in serious consequences due to negligence.

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