On the Sporadic Application of Certain Provisions of the Special Part of the Administrative Code on Administrative Liability of Legal Entities
О спорадичности применения отдельных норм Особенной части КоАП РФ об административной ответственности юридических лиц

Vladimir Seleznev
2020 Journal of Russian Law  
The institution of administrative responsibility is an effective legal means of influencing public relations. Dynamic changes of this institution are aimed at strengthening the administrative responsibility of legal entities. In some cases it is due to the nature and degree of public danger of administrative offenses, and is achieved through a significant increase in the composition of administrative offenses and their complexity. The purpose of the article is to identify the status, trends in
more » ... he development of the Institute of administrative responsibility of legal entities and prospects for its improvement. Attention is focused on such aspect as efficiency of application of norms on administrative responsibility. The objectives of the study are: consideration of the features of the rules on administrative responsibility of legal entities; analysis of judicial practice of consideration of cases of administrative offenses committed by legal entities; analysis of factors affecting the effectiveness of the rules on administrative responsibility of legal entities. The research methodology includes: a systematic approach as the main method of studying law, analysis and synthesis, statistical, formal legal, logical methods. Along with the improvement of the rules on administrative responsibility, there is a constant increase in the number of legal entities brought to responsibility. The analysis of judicial practice of consideration of cases on administrative offenses committed by legal entities shows that along with the presence of a number of widely used compositions of administrative offenses, the application of certain rules of the Administrative Code on the responsibility of legal entities due to various factors is sporadic. At the same time, the infrequent application of certain rules on administrative responsibility cannot reliably confirm the absence of their constituent elements of offenses in the activities of legal entities, but rather due to problems in identifying illegal actions (inaction) that form the composition of an administrative offense, and in the course of proceedings on such offenses. When considering these compositions of administrative offenses, the factors affecting the effectiveness of law enforcement are analyzed, and the need to take them into account when improving the institution of administrative responsibility of legal entities in the modern conditions of development of society and the state is indicated. It is concluded that the institute of administrative responsibility of legal entities needs to be reformed, including by eliminating the rules that do not correspond to the existing social relations, taking into account the analysis of law enforcement.
doi:10.12737/jrl.2019.6.13 fatcat:aqb4kp2innaazjnpoyljid4clu