Abstract
The article analyzes the specifics of imposing punishments in the form of fines for administrative offenses in the field of technical regulation. The authors conclude that the approach currently used in the legislation, according to which a number of compositions of administrative offenses in the considered sphere are defined as the tort of creation of danger does not correspond to the specificity of protected relations. They propose to exclude from the CAO RF the torts of creation of danger associated with violations in the field of technical regulation, and instead to implement a risk-oriented approach to the differentiation of administrative punishment. In order to ensure the principles of individualization and proportionality of administrative punishment, it is proposed to change the lower limit of the administrative fine for non-qualified corpus delicti of administrative offences in the sphere of technical regulation to ten thousand rubles for legal entities and to carry out differentiation of punishment in the form of a fine taking into account the impact of offences on the risks of realization of safety threats, including what threats were affected by the violated requirements, what harm and what objects can be caused as a result of the realization of safety threats. To determine these factors it is proposed to take into account the results of risk assessment.
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