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.

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.

Vindication of Contribution to Chartered Capital during the Creation of a Corporation (LLC)

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Dmitriy Loryents
Keyword(s):  
Russian Federation ◽  
Limited Liability ◽  
Scientific Work ◽  
Limited Liability Company ◽  
Legal Entity ◽  
Economic Entity ◽  
Bona Fide ◽  
The Will ◽  
The Russian Federation ◽  
State Registration

This scientific work analyzes the characteristics of vindication of specific things that are contributed to the Chartered capital of a Limited Liability Company (LLC). The author critically assesses the doctrinal and judicial positions in relation to the commutative nature of contributions to the Chartered capital. The non-gratuitous nature of the contribution acquisition is artificial and unusual. The economic entity doesn’t provide the founder with the share in the Chartered capital as it does not possess it. The share is acquired by the founder by virtue of law in connection with the LLC state registration and is a converted contribution. In the light of the civil legislation reform in the Russian Federation and with regard to the English law particular attention is paid to understanding the bona fide of a legal entity through the behavior of its head. Under certain circumstances, it’s not reasonable to regard the head’s evil conscience as the will of the company. In case of a claim for the recovery of contributions to the Charter capital prior to the state registration of the Corporation in the register, the claim should be reported directly to the contributed assets, which are advisable to position as an “unused” contribution. The court must suspend the case until the establishment of a legal entity.

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 Continuation of discussion on administrative responsibility of trustee in bankruptcy in light of preparation of the project of new Code of Administrative Offences of the Russian Federation

2020 ◽  
pp. 1-18
Author(s):  
Andrey Vinnitskiy
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
State Control ◽  
Legal Doctrine ◽  
Administrative Practice ◽  
The Russian Federation ◽  
State Registration ◽  
The Right ◽  
Extended Interpretation ◽  
Administrative Responsibility

The subject of this research revolves the around the normative precepts pertaining to administrative responsibility of bankruptcy trustees (Part 2 and 3.1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation) in their systemic relation with other articles of the Code, regulatory norms of legislation on bankruptcy, as well as relevant provision of the legal doctrine. The author studies, generalizes and critically analyzes the vast case law of arbitration courts on the most important issues of administrative responsibility of bankruptcy trustees. The work employs the administrative practice of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr). The conducted research allows making the following conclusions pertaining to administrative responsibility of bankruptcy trustees: 1) need for introduction of the concept of abuse of the right to initiate administrative prosecution of trustees; 2) impermissibility of the circumvention by the Rosreests authorities of the legislation on state control through the institution of administrative prosecution; 3) impermissibility of the frequently used extended interpretation of the Part 2 and 3.1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation; 4) reasonableness of clarification of the element of redundancy pertaining to the Part 3 .1 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation; 5) fundamental impermissibility of the “mitigating requalification” of the act from the Part 3.1 to the Part 3 of the Article 14.13 of the Code of Administrative Offences of the Russian Federation. The conclusions are extrapolated to adjoining elements of administrative violations.  The author proposes consideration of the discovered general flaws of legal regulation in the context of work being conducted on preparation of the project of new Code of Administrative Offences of the Russian Federation.

scholarly journals Aspects of administrative responsibility in a digital environment: problems and prospects

2021 ◽  
Vol 109 ◽  
pp. 01041
Author(s):  
Vyacheslav Volkov ◽  
Yelena Yevsikova ◽  
Natalia Kravchenko ◽  
Aleksandr Ponomarev ◽  
Svetlana Rusanova
Keyword(s):  
Russian Federation ◽  
Justice System ◽  
Different Types ◽  
Procedural Code ◽  
Judicial Proceedings ◽  
Legitimate Interests ◽  
Administrative Procedures ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Administrative Responsibility

The article examines the features of administrative liability under the administrative proceedings in the context of the trend towards the widespread digitization of different types of judicial proceedings. The authors research current Administrative-tort legislation of the Russian Federation and elements of the electronic justice system typical for such administrative procedures. It is revealed the features of digitalization during the procedure for handling cases on administrative offenses provided by the Draft of Procedural Code of the Russian Federation on administrative offenses. Researching the peculiarities of the procedure for bringing to administrative responsibility, the authors come to the conclusion that a number of significant problems and violations of the rights, freedoms and legitimate interests of persons participating in the case are inevitable, which will arise as a result of the introduction of an electronic justice system in cases of administrative offenses. As a result of the study, the authors come to the conclusion that there is a need for further scientific and practical understanding of all aspects of the implementation of the electronic justice system in cases of administrative offenses in order to focus it on ensuring high-quality and effectiveimplementation by the participants in proceedings in cases of administrative offenses of their rights, freedoms and legal interests.

Features of The Proceedings on Administrative Offenses Initiated for Violation of Fire Safety Requirements

2019 ◽  
pp. 100-104
Author(s):  
A. K. Sabirova
Keyword(s):  
Russian Federation ◽  
Fire Safety ◽  
Federal State ◽  
Safety Requirements ◽  
Administrative Legislation ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Made In

The article is devoted to the analysis of the features of administrative proceedings instituted for violations of fire safety requirements, including important changes made in the relevant area of the administrative legislation of the Russian Federation, as well as the analysis of the legislative possibility of applying administrative punishment in the form of administrative suspension of activities for non-compliance with the requirements of the federal state firefighters oversight (including named changes).

Evidence and Proof in Civil and Administrative Proceedings: Comparative Legal Analysis

2020 ◽  
Vol 4 ◽  
pp. 72-76
Author(s):  
Yu. R. Sirazitdinova ◽  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Evidence And Proof

By comparing the article, some questions of proof and evidence are examined in the Code of Civil Procedure of the Russian Federation, agribusiness of the Russian Federation, CAS of the Russian Federation. An attempt has been made to develop proposals for amending Articles 62 and 122 of the CAS RF.

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.

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