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.

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 Review of a Scientific and Practical Seminar Evolution of the Administrative Liability in Russia (Moscow, Institute of Legislation and Comparative Law under the Government of the Russian Federation, October 29, 2020)

2021 ◽  
Vol 5 ◽  
pp. 82-88
Author(s):  
Aleksandr F. Nozdrachev ◽  
◽  
Tatyana A. Levonenkova ◽  
Keyword(s):  
Russian Federation ◽  
Comparative Law ◽  
Russian Empire ◽  
Legal Responsibility ◽  
Soviet Power ◽  
Criminal Offense ◽  
The Russian Federation ◽  
The Government ◽  
The Russian Empire ◽  
Administrative Responsibility

The Institute of Legislation and Comparative Law under the Government of the Russian Federation held a scientificpractical seminar, devoted to discussion of the problems of evolution of administrative responsibility in Russia. Within the framework of the scientific event, such issues were discussed as: criminal offense under the legislation of the Russian Empire as a prerequisite for the emergence of administrative responsibility, the emergence of administrative responsibility in the first years of Soviet power, administrative responsibility in the system of legal responsibility, attempts to codify legislation on administrative responsibility — goals, objectives, principles, forms of codification, Fundamentals of the legislation of the USSR and the Union republics on administrative offenses and the Code of Administrative Offenses of the RSFSR — the first codification, trends in the development of legislation of the constituent entities of the Russian Federation on administrative offenses, the problem of coordination of lawmaking in the field of establishing administrative responsibility, and others.

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 Classification of the basic kinds of legal responsibility in electoral process

2020 ◽  
Vol 4 (2) ◽  
pp. 49-57
Author(s):  
Andrey P. Demin
Keyword(s):  
Russian Federation ◽  
Legal Responsibility ◽  
Legal Institution ◽  
Negative Consequences ◽  
Electoral Process ◽  
Scientific Methods ◽  
The Russian Federation ◽  
Electoral Law ◽  
Administrative Responsibility

The subject. The legal institution of legal responsibility in electoral process in general as well as its basic subtypes: constitutional, criminal and administrative responsibility. The purpose of the article is to identify the main kinds of legal responsibility in the electoral process. Methodology. The author uses such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods. The main results of the research. The author takes into account the opinions of academic lawyers and analyzes the legal institution of legal responsibility in electoral process in general. The author considers and examines the classification of constitutional, criminal and administrative responsibility in the electoral process, reveals and analyzes the essence of such fundamental concepts as legal responsibility, kinds of legal responsibility, electoral rights of citizens. The article describes the special and distinguishing characteristics of different kinds of legal responsibility. The author also gives reasons for the necessity of a special set of state coercive measures in order to make the electoral process transparent. As far as the Russian Federation law “On elections and referenda” does not contain any specific measures of legal responsibility and has references to other laws, the author sees it important to fill this gap for future codification of electoral legislation. Constitutional legal responsibility is peculiar in electoral process. It means that responsibility is realized in procedural form, which is enshrined not only in Federal laws, but in subordinate laws, such as instructions of the Central Election Commission of the Russian Federation. Conclusions. Legal liability in the electoral process has the following characteristics: it is expressed in the obligation to undergo measures of state enforcement; its basis is the violation of material and procedural norms of the electoral law; it is associated with various kinds of unavoidable negative consequences; the guilty person will be subjected to restriction of personal and other property rights; the offender is charged with the obligation to restore the violated right or compensation for damage.

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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