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

The general rules for the imposition of administrative punishment, briefly, represent the conditions under which certain sanctions are applied to the subjects. 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 administrative punishments, the system, and the general rules for their appointment represent.

Key conditions for applying sanctions

They are established by the Code of Administrative Offenses (art. 4.1). General rules for the appointment of administrative punishment prescribe to take into account factors that mitigate and aggravate the guilt of the subject. When applying sanctions to legal entities, not only the nature of the misdemeanor and the property status is taken into account, but also the financial position (solvency). General rules for the appointment of administrative punishments establish that bringing a person to justice does not release him from the obligation for which he was brought to justice. No one can be sanctioned twice for one offense.

Responsibility for several offenses

The Administrative Code fairly clearly explains the conditions under which administrative punishment is allowed, the general rules and the terms of application of sanctions. If the subject has committed 2 or more offenses, he is held accountable for each of them separately. If several illegal actions of a person are considered by one body or employee, one sanction applies to it. The subject who has been sentenced shall be deemed subjected to it within a year from the date of completion of the relevant resolution.

Main features

Administrative responsibility is a kind of legal. It is expressed in the application by bodies having relevant competence, or employees of the sanction to the subject who committed the offense. Administrative responsibilities characterize the characteristics inherent in the legal. At the same time, there are specific features. The key attributes of the responsibility for the Code of Administrative Offenses are as follows:

1. Measures of administrative punishment 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. As a basis for the application of sanctions is a misconduct.
3. To responsibility are involved both citizens (minors, officials, etc.), and their associations.
4. Penalties are provided for offenses.
5. Measures of administrative punishment can be applied by various competent bodies and employees. This may be the executive structures of state power, local self-government, courts and, in fact, the judge.
6. Sanctions are applied by authorized persons and bodies to entities that are not subordinate to them. These general rules for the appointment of administrative punishments differ from the order of imposing disciplinary sanctions.
7. The prosecution of the Code of Administrative Offenses does not lead to dismissal and criminal record.

Applying sanctions to officials

General rules for the appointment of administrative penalties provide that employees are held accountable for committing an offense, which is manifested in the failure or improper performance of the duties assigned to them. As an official, a subject acts temporarily, permanently or within the framework of certain powers, endowed with the functions of a representative of the government, carrying out organizational, managerial or economic management activities in state bodies, local government structures, municipal and state institutions, the RF Armed Forces, other troops and formations.

An Important Moment

As the general rules for the appointment of administrative punishments indicate, members of the board of directors, boards and other collegial bodies, audit and counting commissions, as well as heads of organizations that are endowed with the functions of the sole executive structure of the legal entity, are sanctioned as officials. This provision is valid in strictly defined cases. In particular, subjects are prosecuted as officials if they have committed offenses 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 the appointment of administrative punishments also establish that citizens acting as members of auction, competitive, single or quotation commissions formed by municipal or state customers, budgetary institutions are prosecuted as officials. This provision applies to unlawful acts under Art. 7.29-7.32 of the Administrative Code. Subjects of unincorporated business that committed administrative offenses are held accountable as officials, unless otherwise specified in the Code.

Applying 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 accountable under general rules. Some foreigners may have legal immunity. In case of committing offenses, the issue of applying administrative punishment to them is solved in accordance with the current international legal norms.

Applying sanctions to organizations

General rules and principles for the appointment of administrative penalties establish that the legal entity is brought to justice in cases defined by the norms of Section II of the Code of Administrative Offenses or federal laws. If in the positions of Sec. I, III-V of the Code does not specify that sanctions are applied only to legal entities, they apply equally to citizens and organizations. The exception is cases where punishment within the meaning of articles can be assigned to natural persons. With the merger of several organizations, the newly created society is brought to justice. In case of joining, the penalty is applied to the host company.

If one or several companies are separated / separated from the company, the person to whom, in accordance with the separation balance sheet, the duties and rights for the property / transactions committed, in connection with which the misconduct was committed, are brought to responsibility. In the event of a transformation, an administrative penalty is imposed on the newly created organization. Responsibility occurs regardless of whether the enterprise was aware of the fact of illegal actions before the end of the reorganization.

General rules for the appointment of penalties: administrative offenses

The concept of misconduct is fixed by the appropriate norm. The provisions of the Code establish mandatory rules of conduct, in violation of which the perpetrator is punished. Offense is characterized by the following symptoms:

1. Inactivity / action.
2. Guilt.
3. Impunity.
4. Illegality.

Let's consider them in detail.

Action / Inactivity

Administrative violations are expressed in a specific behavioral act. The presence of an action or inaction indicates the impossibility of bringing to responsibility for intentions, thoughts or goals. It can not be considered as an offense of emotion and a person's feelings, not expressed by actions. The thinking process is not regulated by norms.

Illegality

As an administrative violation can be recognized only such a behavioral act, which is expressly prohibited by the rules of Sec. II of the Administrative Code or provisions of the law. If these conditions are not respected, then the subject can not be brought to justice. Illegality acts as one of the key criteria of the offense. The secondary, derived from it sign is considered an assessment of the consequences. An unjustifiable act is a purposeful willful act of a person, encroaching on public, private or state interests. Illegal inaction is the failure or improper performance of powers or obligations established in the legislation.

Inevitable Consequences

The punishability of unlawful acts / omissions is inevitable. It is considered as the possibility provided in the Administrative Code or the law to bring to justice the perpetrator. Punishment is used to prevent the commission of new unlawful acts by the perpetrator and other persons. Sanctions can not degrade the dignity and honor of a person, cause physical suffering or damage to reputation.

Fine

The administrative penalty in the form of pecuniary punishment is established 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 of the Code of Administrative Offenses, the amount of administrative fine for organizations is set to 5 million rubles. Or is expressed by a multiple of:

1. The value of the object, which was encroached upon, at the time of the completion or suppression of an unlawful act.
2. The amount of unpaid and due customs duties / charges, illegal transactions with foreign currency, the value of external and internal securities, or funds credited / written off with non-fulfillment of the prescribed reservation requirements, currency proceeds not sold in accordance with the established procedure, capital not enrolled in a certain Term on the account in an authorized bank, and so on.
3. The maximum (initial) price of a municipal or state contract when placing orders for the production of work, the supply of products, the provision of services, as well as a contract of a civil law nature concluded by a budgetary enterprise.
4. The amount of losses / surplus profits that the subject has avoided in the unlawful use of insider data or the manipulation of the market.

The amount of collection in any case can not be less than 100 rubles.

A warning

This is a measure of punishment, which is expressed in the official censure of the organization or citizen. The warning is given in writing. It is established for misdemeanors committed for the first time, if due to the act there was no harm or its threat with respect to the health / life of the population, flora / fauna objects, damage to nature (or its probability), as well as cultural and historical monuments, security and defense of the state, Federal, municipal and private property.

Deprivation of special legal opportunities

This penalty is imposed for a systematic or gross violation of the rules for the exercise of the rights granted earlier in cases specified in the Special Part of the Administrative Code. The duration of the sanction is 1-36 months. Deprivation of the right to manage the CU as a penalty can not be applied to a person using transport in connection with a disability. The exception is the cases established in Part 2 of Art. 12.27, part 1 and 3 of Art. 12.8, art. 12.26 of the Code of Administrative Offenses, as well as for evading medical examination, driving while drunk, leaving the place of the accident to which he is a participant.

Arrest

This type of punishment consists in the maintenance of the subject who has committed an administrative offense, in isolation from society. The arrest can be applied only by a court decision, when other sanctions are not sufficient in the circumstances of the case. This punishment can not be applied to pregnant women, women who are dependent on children under 14 years of age, disabled 1 and 2 grams, and minors. The maximum duration of arrest is 15 days. During this period, the time of detention is included. During the period of arrest, the working entity does not receive a salary. However, this sanction does not lead to dismissal or criminal record.