Спорные вопросы законодательства об административной ответственности юридических лиц

Abstract

There are legal entities administrative responsibilities points considered in the article. It is noticed that the main tendency in the Russian Federation Administrative Violations Code (AVC of RF) changes are the administrative responsibility aggravation, itemization of the existed and initiation of new administrative violations sets. The separate AVC of RF norms sanction a considerable minimal value of the administrative financial penalty for legal entities that substantially limits the freedom of enterprise and the private ownership rights. In recognition of the mentioned tendency the point of the possibility to sanction an administrative financial penalty in the lower than the lowest level taking into account the property status and financial situation of the legal entity is reasonable. Indicated the necessity of administrative punishment kinds systematization, the correlation of administrative punishment and applications criteria ascertaining, foreseeing the possibility of their replaceability. Considered the examples of the administrative violations court practice, for which the relevant article of AVC of RF prescribes the alternative punishment as a financial punishment or administrative suspension of the activity. Analyzed the curt legal stance concerning the replacement of the administrative financial punishment to the administrative suspension of activity. Proved the conclusion that the assignment of a punishment as an administrative financial punishment, which minimal value considerably exceeds one hundred thousand rubles, can substantially affect the company financial and economic activity and make worse it’s situation more than assignment of a punishment as an administrative suspension of activity.