General rules for the appointment of administrative punishments and conditions for their application

The general rules for imposing administrative punishment, in short, are the conditions under which sanctions are applied to entities. The degree of responsibility will depend on the nature of the offense committed, the property status and the identity of the perpetrator. Let us further consider what constitutes administrative punishment, the system, and general rules for their appointment.

Key sanctions conditions

They are established by the Code of Administrative Offenses (Article 4.1). General rules for imposing administrative punishment prescribe factors that mitigate and aggravate the guilt of the subject. When applying sanctions to legal entities, not only the nature of the misconduct and property status, but also the financial situation (solvency) are taken into account. The general rules for imposing administrative punishments establish that holding a subject accountable does not relieve him of the obligation for which he was held accountable. No one can be sanctioned twice for one misconduct.

Responsibility for several misconduct

The Administrative Code clearly explains the conditions under which the imposition of administrative penalties, general rules and the timing of the application of sanctions are allowed. If the subject has committed 2 or more misconduct, he will be held liable for each of them separately. If several illegal actions of a person are considered by one body or employee, one sanction is applied to him. The subject who is sentenced will be considered subjected to him within a year from the date of completion of the relevant decision.

Key features

Administrative responsibility acts as a kind of legal. It is expressed in the application of bodies having the appropriate competence, or serving employees of sanctions against the entity who committed the offense. Administrative responsibility is characterized by features inherent in legal. Along with this, there are specific features. Key features of liability under the Code of Administrative Offenses are as follows:

1. Administrative punishment measures are provided for by both legal and by-laws. It follows that responsibility has its own regulatory framework. The provisions in accordance with which sanctions are applied form an independent administrative legal institution.
2. The basis for sanctions is misconduct.
3. Both citizens (minors, officials, etc.) and their associations are held liable.
4. For offenses foreclosed.
5. Administrative penalties can be applied by various competent authorities and employees. These can be executive structures of state power, local self-government, courts and, in fact, judges.
6. Sanctions are applied by authorized persons and bodies to entities that are not subordinate to them. This distinguishes the general rules for imposing administrative punishments from the procedure for imposing disciplinary sanctions.
7. Holding accountable under the Code of Administrative Offenses does not entail dismissal and criminal record.

Sanctions on officials

The general rules for imposing administrative penalties provide that employees are held liable in connection with their misconduct, which is expressed in failure to perform or improper performance of their duties. An official is a subject who is temporarily, permanently or within the framework of certain powers endowed with the functions of a representative of the authorities, carrying out organizational and administrative or economic and managerial activities in state bodies, local authorities, municipal and state institutions, the RF Armed Forces, other troops and formations.

Important point

As indicated by the general rules for the imposition of administrative penalties, members of the board of directors, boards and other collegial bodies, audit and counting commissions, as well as heads of organizations that are vested with the functions of the sole executive structure of a legal entity, are subject to sanctions as officials. This provision applies in strictly defined cases. In particular, entities are held liable as officials if they have committed misconduct provided for in the following articles: 15.17-15.22, 13.25, 15.24.1, 15.23.1, 14.24, 15.29-15.31, 19.7.3, and also part 9 Art. 19.5.

The general rules for imposing administrative penalties also establish that citizens who act as members of auction, competitive, single or quote commissions formed by municipal or state customers, budget institutions, are held accountable as officials. This provision applies to unlawful acts under Art. 7.29-7.32 of the Code of Administrative Offenses. Subjects of an administrative violation of law committed administrative offenses shall be held liable as officials, unless otherwise provided in the Code.

The application of sanctions to foreign companies and foreigners

Subjects who are citizens of other states, enterprises registered outside the Russian Federation, as well as persons who do not have citizenship, are held liable according to general rules. Some foreigners may enjoy legal immunity. In the event they commit offenses, the issue of applying administrative punishment to them is decided in accordance with applicable international legal standards.

Applying sanctions to organizations

General rules and principles for imposing administrative penalties establish that a legal entity is held liable in cases determined by the norms of Section II of the Administrative Code or federal laws. If in the provisions of Sec. I, III-V of the Code does not indicate that sanctions apply only to legal entities, they apply equally to citizens and organizations. The exception is cases where the punishment within the meaning of the articles may be imposed on individuals. When several organizations merge, a newly created society is held accountable. In case of joining, the punishment is applied to the host company.

When splitting / spinning off one or several companies from the company, a person is brought to responsibility, to whom, in accordance with the separation balance sheet, the obligations and rights of property / transactions have been transferred, in connection with which an offense has been committed. In the event of a transformation, the administrative penalty shall be imposed on the newly created organization. Responsibility arises regardless of whether the enterprise was aware of the fact of illegal actions before the end of the reorganization.

General rules for sentencing: administrative offenses

The concept of misconduct is fixed by the relevant norm. The provisions of the Code enshrine mandatory rules of conduct, in violation of which the perpetrator is punished. The act is characterized by the following features:

1. Inaction / action.
2. Guilty.
3. Punishable.
4. Wrongfulness.

Let's consider them in detail.

Action / inaction

Administrative offenses are expressed in a specific behavioral act. The presence of action or inaction indicates the impossibility of holding accountable for intentions, thoughts or goals. Emotions and feelings of a face that are not expressed by actions cannot be considered a violation of the law. The thought process is not regulated by norms.

Illegality

As an administrative violation, only such a behavioral act that is expressly prohibited by the norms of sec. II Administrative Code or provisions of the law. If these conditions are not met, then the subject cannot be held accountable. Wrongfulness acts as one of the key criteria of an offense. A secondary, derived from it sign is considered an assessment of the consequences. An unlawful act is a purposeful volitional act of a person encroaching on public, private or state interests. Illegal inaction is recognized as non-fulfillment or improper fulfillment of the powers or duties established by law.

Inevitability of consequences

The punishment of unlawful acts / omissions is inevitable. It is considered as an opportunity provided for in the Code of Administrative Offenses or the law to bring the perpetrator to justice. Punishment is used to prevent the commission of new wrongful acts by both the perpetrators and other persons. Sanctions cannot degrade the dignity and honor of a person, cause physical suffering or damage the reputation.

Fine

The administrative penalty in the form of a monetary penalty is set in rubles. In accordance with the Code of Administrative Offenses, citizens may be charged an amount not exceeding 5 thousand rubles, officials - 50 thousand rubles, legal entities - 1 million rubles. In the cases established in Art. 14.42 and 14.40 Administrative Code, the size of the administrative fine for organizations is set to 5 million rubles. or expressed as a multiple of:

1. The value of the object on which there was an encroachment at the time of completion or suppression of an illegal act.
2. The amount of unpaid and deductible customs duties / fees, illegal currency transactions, the value of external and internal securities or cash credited / debited with failure to comply with the prescribed reservation requirements, foreign currency earnings not realized in the prescribed manner, capital not credited to a certain term to an account with an authorized bank, etc.
3. The maximum (initial) price of a municipal or state contract when placing orders for work, supply of products, rendering of services, as well as a civil law contract concluded by a budget enterprise.
4. The amount of losses / excess profits that the entity has avoided by misusing insider data or manipulating the market.

The amount of recovery in any case cannot be less than 100 rubles.

Warning

This is a measure of punishment, which is expressed in the official censure of the organization or citizen. A warning is issued in writing. It is established for misconduct committed for the first time if the act did not cause harm or its threat to the health / life of the population, plant / animal life, damage to nature (or its likelihood), as well as cultural and historical monuments, security and defense of the state, federal, municipal and private property.

Deprivation of special legal opportunities

This punishment is imposed for a systematic or gross violation of the rules for the implementation of previously granted rights in cases established in the Special Part of the Code of Administrative Offenses. The duration of the sanction is 1-36 months. Deprivation of the right to drive a vehicle as a punishment measure cannot be applied to an entity using transport in connection with a disability. The exception is the cases established in Part 2 of Art. 12.27, parts 1 and 3 of Art. 12.8, Art. 12.26 of the Code of Administrative Offenses, as well as when evading medical examinations, being drunk while driving, leaving the scene of the accident to which he is a party.

Arrest

This type of punishment consists in keeping the subject who committed an administrative offense, isolated from society. Arrest can be applied only by court order, when other sanctions in the circumstances of the case are not enough. This punishment cannot be applied to pregnant women, women who are dependent on children under 14 years of age, disabled people 1 and 2 grams, and minors. The maximum arrest period is 15 days. During this period, the detention time is included. During the period of arrest, a working person is not charged salaries. However, this sanction does not entail dismissal or criminal record.