Administrative Penalties Research Articles

Draft Codification of Administrative and Tort Legislation: Problems of Terminology, Defects of Structure and other Drawbacks

The drafts of substantive and procedural codes on administrative offenses prepared by the Ministry of Justice of the Russian Federation and subjected to public discussion in 2020 constitute a step forward in the development of relevant legislation. At the same time, the draft code developers were constrained in many issues by the thinking inertia and legislative practice, as a result of which they transferred a number of shortcomings of the current Administrative Code of the Russian Federation to the drafts. In addition, the drafts contain many serious drawbacks. The refusal of the codes’ drafters to adopt similar constructions from close branches of legislation — criminal and criminal procedure — result in the fundamental failure of the authors of the draft Administrative Code of the Russian Federation and the Procedural Administrative Code of the Russian Federation. As a result, the draft of the substantive Administrative Code lacks categories of administrative offenses, clear and understandable rules for imposing administrative penalties for a combination of offenses; the draft Procedural Administrative Code declares establishing of objective truth (which is not included even in the criminal process!) as its objective; there is no overdue simplified procedure for considering cases. The paper substantiates the suggestion to proceed not to recognize as judicial proceedings consideration of administrative cases by courts. The separate regulation of the procedure for consideration of cases by courts and other bodies of administrative jurisdiction provided for by the draft Procedural Administrative Code of the Russian Federation represents a fundamental mistake and, in addition, it abounds in largely arbitrary differences in the regulation of the same issues and even in the presentation of similar norms. The drafts have a large number of legal and technical shortcomings (unnecessary double numbering of articles, inclusion of an array of procedural norms in the draft of the substantive Administrative Code of the Russian Federation, etc.). There is an obvious need for the most serious revision of the draft laws, and this time revision has to be done as openly as possible and with the involvement of recognized professionals in the field of administrative responsibility and administrative procedure.

The effects of environmental inspection on air quality: Evidence from China

To address ecological and environmental issues, central environmental inspection (CEI) coordinated by the Chinese Ministry of Ecology and Environment has been implemented since 2016. This paper aims to comprehensively evaluate how and how much CEI affects air quality. The results of the difference-in-differences models show that CEI improved the air quality and reduced the concentrations of PM2.5, PM10, NO2, and SO2 by 8.8%, 8.1%, 7.9%, and 2.4%, respectively. Moreover, environmental effectiveness was strengthened over the course of four rounds of inspection. The mediating model results indicate that effectiveness was achieved through active public participation, administrative punishments from the central inspectors, and positive rectification actions from the local governments. The greatest improvement in air quality occurred during the on-site inspection period, after which the effects gradually weakened. A review inspection was carried out to supervise the rectification tasks. The adoption of review inspection made the effects on air quality improvement reappear, which verifies that CEI in China is not just a temporary campaign-style enforcement but a normalized and effective governance of air pollution.

The Great spotted eagle <i>Aquila clanga</i> in the Altai Territory and Altai Republic, Russia

Aim. To summarise information provided so as to allow us to compile a modern understanding of the breeding ranges, abundance and breeding biology of the Great Spotted Eagle Aquila clanga, a rare species in the Altai Territory and the Altai Republic.Material and Methods. While studying the distribution, abundance and nesting biology of the Great Spotted Eagle, we used generally accepted methods with certain modifications. The species was observed during foot and car surveys. To get an idea of the distribution of the spotted eagle in the region, an analysis of available sources was carried out, including materials from the Red Data Book of the Altai Territory and other relevant information resources.Results. Nesting groups of a feathered predator are characterised by uneven spatial distribution. This is due to the habit of the spotted eagle to gravitate to wetlands and floodplain lands in high‐trunk mixed forests, alternating with meadow‐pasture and field landscapes. In ribbon and acquisition forests, as well as in wildlife sanctuaries located on their territory, there has been a rapid trend towards a decrease in the population of the species, primarily due to selective felling of vegetation and disturbance of the birds during the nesting period. In this regar, there is a need to expand and deepen ornithological studies aimed at improving environmental measures for the Great Spotted Eagle.Conclusions. Protection of this species should be combined with inevitable criminal or administrative punishment of poachers and illegal forest users, who are involved in destructive environmental activities in the region discussed. Otherwise, the progressive extinction of the Great Spotted Eagle population in Altai will reach a critical point in forthcoming years.

Reflection and Development on Traditional Doctrines of Administrative Law–Administrative Penalty, Adverse Action of Punitive and Non-punitive Nature

Reflection and Development on Traditional Doctrines of Administrative Law–Administrative Penalty, Adverse Action of Punitive and Non-punitive Nature

MANAGEMENT OF SUBORDINATES’ ACTIONS: HOW TO ENSURE THE ACCURACY OF OFFICIAL PUNISH?

Аnnotation. Consistent and persistent efforts of Ukraine to become a member of the European Union require a systematic approach to further improvement of management activities in the field of public administration. Forced or accidental mistakes of public sphere managers occur as a result of low management qualifications, they do not provide an opportunity to bring the efficiency of public organizations to a fundamentally new level. Among the functions of management, motivation and punishment of subordinates are the most problematic, due to low attention to these aspects in domestic and foreign scientific literature. Recent research and publications analysis. Problems of improving managerial activity are studied in the works of such leading scientists and practitioners as I. Adizes, A. Fayol, H. Ford, V. Tarasov, O. Friedman, B. Tracy, P. Drucker, R. Blake, J. Mouton. However, many questions regarding the effective influence of a manager on subordinates remain open to this day. The paper objective is the analysis of complex negotiations with a subordinate during the punishment procedure, identification of subordinates’ typical techniques to avoid punishment, offering optimal options for the manager's response. The paper main body. The mechanism of conducting complex negotiations between a manager and a subordinate during the punishment procedure is analyzed. The typical methods of subordinates to avoid punishment are determined, and the optimal options for the manager’s response during this procedure are distinguished. It is emphasized that punishment is an integral part of the manager’s professional competence. It was found that moral punishment should be considered the most effective, because it acts as a prevention of administrative punishment application, while simultaneously forming a model of subordinate behavior in accordance with corporate norms. Moral punishment is carried out through the subordinate’s recognition of the fallacy of his actions through internal rethinking and correction of his/her ”picture of the world”. It is accentuated that manager should be punished for the violation, not its consequences. It is proved that management should include the approaches of theory X and theory Y according to the views of David McGregor. It is revealed that the punishment of a subordinate should not be accompanied by rudeness, disrespect, humiliation, insult, accusation, revenge, etc. The sequence of stages in complex negotiations with a subordinate is substantiated, the purpose and content of each stage is determined. Negotiations with subordinates during punishment should simultaneously solve several tasks: satisfy the interests of the case, improve relations with team, strengthen authority of the manager. A significant difference between the concepts of “mistake” and “misdemeanor” in the employee’s activity was determined. The manager’s readiness to punish subordinates can be considered as part of demandingness: the ability to demand from the subordinate a model of behavior that the manager considers correct in relation to existing corporate norms. Conclusions. The theoretical approaches discussed in the article require practical implementation and consolidation as skills. For this, it is recommended: First, it is advisable for the manager to take a critical look at the level of his management competencies development: planning, delegation and control. It are these functions that have the greatest impact on the accuracy of tasks performed by subordinates. Secondly, when implementing the method of punishment described above, it is necessary to prepare in advance for difficult negotiations with a subordinate. Perhaps this work will seem boring to a practicing manager, but the methodology should be written down in a synopsis and learned by heart. At first, it is better not to improvise, but to clearly act according to the algorithm. Thirdly, no matter how rude it may seem, but in order to consolidate the skill of punishing subordinates, the manager needs practice. It is necessary to start training on subordinates who do not feel sorry. This category includes those who constantly violate discipline and corporate regulations, employees with a low level of performance, insufficient responsibility, or those who should have been fired yesterday.

Administrative Penalties for Customs Infringements in Ukraine: Wandering Sideways

The effectiveness of customs enforcement is one of the critical issues of Ukrainian customs legislation. This is due to the emphasis on the fiscal functions of customs and the excessively high share of state revenue administered by customs authorities. Unlike other parts of the Ukrainian customs legislation, the issue of sanctions for customs infringements remains unharmonized and contains norms inherited from Soviet law. The lack of sanctions against legal entities, the differentiation between negligence and intention, and the disproportionate size of sanctions negatively impact customs enforcement. However, attempts to reform this field have not addressed these problems. The proposals to follow the experience of the EU member states, as a rule, do not consider the work being done to create the Union legal framework for customs infringements and sanctions.

Remedies as a key legal instrument for effective antitrust regulation

The article includes study of antitrust authorities’ prescription legal consistence including comparison with other legal enforcement mechanisms, especially with legal lability. Author presents the results of FAS practice analysis, the ways which were used by the regulator to indicate violations connected with abuse of dominance and during antimonopoly control of economic concentration. The author substantiates that the mechanism of administrative penalty itself is the mechanism of punishment but legal enforcement to change the behavior of the economic entity to provide competition can only be achieved by the effective remedies included in prescription. In this way the author believes Competition authority prescriptions is the key mechanism in antitrust regulation and shares his views regarding the development of such mechanism.

The Rule of Disposition on the Parish is Dependent on the Interest and Its Applications in the Field of the Discretionary Authority of the Administration

The research is aimed to highlight what is meant by the principle: (ruling people is dependent on the public interest), knowing its linguistic and idiomatic meaning, showing its evidence from the Qur’an and Sunnah, explaining the importance of this principle and its regulations, and highlighting its applications in the field of the discretionary power of management
 The researcher has reviewed what is meant by the principle and opinions of the scholars. He also has described the research issues in an accurate and abstract description, and presented applications to the principle in the field of the discretionary power of management, which was related to the topic of research.
 The researcher has divided the research into two sections. In the first section, he has dealt with the definition of the principle: (ruling people is dependent on the public interest), defining its words, linguistically and idiomatically, and an explanation of its overall meaning, the evidence for the principle, its importance, and its regulations.
 In the second section, the researcher has dealt with applications on the principle in the field of the discretionary power of management. The researcher has initially explained what is meant by the discretionary power of management, and then he has mentioned applications on the principle in the right to regulate administrative penalties, the approval of incentives and rewards according to the interest, the right to control and review in order to achieve the interest, and to choose the most suitable according to the interest. The conclusion included the most important results and recommendations.

Study of principles and rules governing administrative penalties: A comparison with criminal penalties

Study of principles and rules governing administrative penalties: A comparison with criminal penalties

새정부에 있어서 조세분야의 부패방지방안

Although tax evasion due to tax investigation (including tax violation investigation), tax fraud and other misconduct is strictly punished by the Tax Criminal Punishment Act, tax corruption has not been reduced. Moreover, by avoiding tax in order to reduce the tax burden under the tax law, fair taxation among taxpayers is overshadowed. In particular, in the area of ​​tax law, due to the expertise, specificity, and complexity of the tax law, taxpayers secretly and unreasonably reduce their tax burden, which is becoming a social issue. Therefore, when the new government seeks anti-corruption measures in the field of tax law, it reviews the anti-corruption system under the current tax law, and as a legal task, it stipulates the tax avoidance system, introduces the self-information disclosure system for delinquents, introduces the offshore tax evasion prevention law, and prevents tax evasion. We present improvement points by considering the introduction of a tax investigation system using artificial intelligence and measures to strengthen tax evasion suppression through rationalization of administrative penalties such as tax evasion.

Detection of Corporate Environmental Information Disclosure Falsification Based on Support Vector Machine.

Environmental information disclosure (EID) is an important embodiment of corporate social responsibility. With the awakening of public awareness of environmental protection and the increasing pressure of environmental preservation, enterprises tend to strategically manipulate environmental information for the pursuit of profit, which will consequently lead to environmental information disclosure falsification (EIDF) and disruption of both the market regulatory order and the development of green economy. In this article, support vector machine (SVM) technique is applied to construct the detection model of corporate EIDF. Based on the theory of “public pressure,” the detection indicators will be improved from three aspects: public pressure, corporate governance, and financial indicators. The training set and test set are constructed by combining the manually collected cases of environmental administrative penalties from 2015 to 2019 with the indicator information of nonfinancial listed enterprises in China's A-share market, and the SVM detection performance is compared with the logistic regression of the benchmark model. To solve the problem of category imbalance, we have introduced the Borderline-SMOTE oversampling technique. Based on the detection results of SVM and Borderline-SMOTE, we find that the Borderline-SMOTE-SVM model has the best detection performance, surpassing the SVM and logistic regression models. These conclusions have constructive policy implications for regulatory agencies, investors, the third-party service sector, enterprises, and government policy-making to achieve high-quality corporate EID.

Some issues of administrative offenses

The article examines the study of the content and structure of administrative offenses (torts) during martial law, specifies their theoretical and practical basis.
 A detailed analysis of the stages of administrative offenses during martial law is considered, the accumulated scientific information and empirical base are summarized and based on them scientific and practical proposals and recommendations for improving their legal regulation, eliminating existing gaps and conflicts, and identifies areas their further development.
 It is claimed that administrative offenses (torts) during martial law are an independent institution of administrative law. The types of administrative penalties applied for committing administrative military offenses are determined.
 It is determined that the special period is the period from the moment of announcing the decision on mobilization (except the target) or bringing it to the executors of covert mobilization or from the moment of martial law in Ukraine or in some localities and covers mobilization time, wartime and partially rebuilding period after the end of hostilities.
 Military administrative offenses (torts) include: refusal to comply with the lawful requirements of the commander (chief) of Art. 172-10 Code of Ukraine on Administrative Offenses; unauthorized leaving of a military unit or place of service of Art. 172-11 Code of Ukraine on Administrative Offenses; careless destruction or damage to military property Art. 172-12 Code of Ukraine on Administrative Offenses; abuse of power or official position by a military official of Art. 172-13 Code of Ukraine on Administrative Offenses; excess of power or official authority by a military official of Art. 172-14 Code of Ukraine on Administrative Offenses; careless attitude to military service Art. 172-15 Code of Ukraine on Administrative Offenses; inaction of the military authorities Art. 172-16 Code of Ukraine on Administrative Offenses; violation of the rules of combat duty of Art. 172-17 Code of Ukraine on Administrative Offenses; violation of the rules of border service of Art. 172-18 Code of Ukraine on Administrative Offenses; violation of the rules of handling weapons, as well as ammunition, explosives, other substances and objects that pose an increased danger to the environment of Art. 172-19 Code of Ukraine on Administrative Offenses; drinking alcoholic, low-alcohol beverages or using drugs, psychotropic substances or their analogues. 172-20 Code of Ukraine on Administrative Offenses.

Facing the Music through Environmental Administrative Penalties: Lessons to be Learned from the Implementation and Impact of Section 24G?

Section 24G was inserted into the National Environmental Management Act 107 of 1998 to provide a mechanism for authorising activities that commence unlawfully. It contains South Africa's only environmental administrative fine - and a quasi one at that. The section has spawned much debate and controversy, including the fact that its existence and purported abuse undermine the fundamental objectives of environmental impact assessments - a cornerstone of government's legislative and decision-making response to the environmental right. This article presents certain results of the first part of an empirical study which explored the criticisms of section 24G; the extent to which it has a deterrent effect, and the lessons that can be learned in designing an administrative penalty system. Approximately 400 people, including representatives from government, the regulated community and environmental consultants were interviewed or surveyed. The results yielded several observations. This article focuses on the extent to which the section is used and the degree of awareness and knowledge about section 24G. The second part of the study probes the deterrent effect of section 24G in more depth by considering the influence that experience – either own or other's – has had on the regulated community.

Facing the Music through Environmental Administrative Penalties: Lessons to be Learned from the Implementation and Impact of Section 24G?

Section 24G was inserted into the National Environmental Management Act 107 of 1998 to provide a mechanism for authorising activities that commence unlawfully. It contains South Africa's only environmental administrative fine - and a quasi one at that. The section has spawned much debate and controversy, including the fact that its existence and purported abuse undermine the fundamental objectives of environmental impact assessments - a cornerstone of government's legislative and decision-making response to the environmental right. This article presents certain results of the first part of an empirical study which explored the criticisms of section 24G; the extent to which it has a deterrent effect, and the lessons that can be learned in designing an administrative penalty system. Approximately 400 people, including representatives from government, the regulated community and environmental consultants were interviewed or surveyed. The results yielded several observations. This article focuses on the extent to which the section is used and the degree of awareness and knowledge about section 24G. The second part of the study probes the deterrent effect of section 24G in more depth by considering the influence that experience – either own or other's – has had on the regulated community.

Policy Intervention Effect Research on Pesticide Packaging Waste Recycling: Evidence From Jiangsu, China

Large quantities of pesticide packaging wastes have been thrown and abandoned in farmlands and surrounding environments, which is not only difficult to degrade but also posing a potential pollution threat to agricultural produce and the ecological environment due to the high concentration residues of pesticide. The Chinese government has formulated a series of policies and measures and established some recycling pilot provinces. However, the intervention effects of different kinds of policies on pesticide packaging waste recycling by farmers’ and its mechanism were still unknown. This study took the pilot province Jiangsu Province as the example, by using the game theory and propensity score matching (PSM) model to analyze and compare the intervention effects of three kinds of pesticide packaging waste recycling policies, that is, punish, subsidy and reward, and mortgage return. The results showed that the three kinds of policies all positively affected farmers’ recycling behaviors in the pilot area. The incentive effect of the punishment policy was the weakest, and the mortgage return policy was prominent with the recycling probability increasing 44.8% under a single policy. Based on these results, some policy suggestions were put forward as follows: improving farmers’ cognition of environmental pollution caused by pesticide packaging waste and their awareness of environmental protection, establishing the necessary administrative punishment policy, increasing financial support and improving the standard of recycling subsidies, and vigorously promoting the mortgage return recovery policy in areas where conditions permit. So as to stimulate the willingness of pesticide users to recover independently, the government should reduce the cost of administrative law enforcement and contribute to the construction of rural ecological civilization.

Measures of administrative force in the field of activity of non-banking financial institutions

The article divides the measures of administrative coercion in the field of financial services in the activities of non-bank financial institutions into: measures of administrative warning (prevention), measures of administrative termination, administrative penalties.
 Administrative and preventive measures are applied by authorized state authorities to ensure financial security, crime prevention and provide for the application of restrictions on non-bank financial institutions in statutory cases, in particular: regulatory and legal control, which proposed the author's draft order of the Cabinet of Ministers approval of the strategy for reforming the system of consumer protection in the financial services markets for 2023-2027 "; prudential supervision in the form of compliance with the rules of financial services, divided into stages: preparatory (provides for the transition to international financial reporting standards (IFRS), development of national actuarial training system, strengthening the role and responsibility of auditors, harmonization of accounting policies, creation of comprehensive information system NBU and strengthening its institutional capacity by training qualified personnel) and basic (approval of capital adequacy and asset quality standards based on the Solvency II system of standards, introduction of early warning tests, creation of NFU risk profiles database in the NBU comprehensive information system, setting requirements for business plans , which must be submitted for licensing); inspections aimed at the frequency of inspections of NFUs and includes the involvement of external experts who have the appropriate qualifications; study of the procedure for providing financial services only for the purpose of performing supervision tasks; invitation of NFU officials to provide explanations, necessary information and documents.
 Administrative measures to stop violations of the procedure for providing financial services in non-banking financial institutions - forced cessation of offenses in the field of financial services by a legal entity other than a bank with special legal status of financial intermediary entered in the Unified State Register of Financial Institutions. harmful consequences and ensuring the application of administrative penalties to the violator. Such measures can be used to stop not only administrative offenses, but also criminal offenses.
 Modern Ukrainian administrative legislation defines a large number of administrative offenses that can directly or indirectly harm the financial system of our state. It is stated that the predominant number of administrative offenses of this type is defined in Chapter 12 of the Code of Administrative Offenses "Administrative offenses in the field of trade, catering, services, finance and entrepreneurship." Some types of offenses involve encroachment on legal relations not only in the field of finance, but also entrepreneurship, privatization, securities circulation, etc. The analysis of the current legislation confirms the need to separate administrative responsibility in the financial sphere into a separate section of the Code of Administrative Offenses in order to systematize financial offenses.

의료과실에 있어 형사책임의 한정기준

It would not be an exaggeration to say that medical accidents occur every day. Medical officials are complaining about the subject of criminal punishment for such medical accidents. Although it will be unfair in many ways from the perspective of the victim who suffered a medical accident, the increase in criminal punishment for medical accidents will be very burdensome for medical workers. Regarding the increase in criminal punishment for such medical accidents, the medical community continues to point out the unfairness. Regarding criminal punishment for such medical accidents, in Japan, there were also questions about the application of occupational negligence to doctors (the first leaflet of Article 211 of the Japanese Criminal Act) in the wake of the Fukushima Prefectural Ono Hospital incident in 2004. The main reasons for this are that criminal punishment is not necessarily effective in improving doctors' medical technology, securing medical safety, preventing recurrence, and shrinking medical practices due to the imposition of criminal punishment. Meanwhile, in Germany Jürgens is also pointing out the expansion of criminal punishment for medical personnel. Relief for crime victims is also possible by civil compensation and administrative punishment, but in terms of illegality and accountability, criminal trials should be made and appropriate punishment should be made. However, it seems necessary to consider the specificity of medical practice, consider the disadvantages of criminal punishment for medical personnel, and consider them in various aspects in relation to the scope of negligence. Therefore, in this paper, the contents of discussions in Germany and Japan regarding the limitation of criminal responsibility of doctors were reviewed, and the criteria for limiting criminal responsibility for reasonable medical personnel were reviewed.

Perlindungan Hukum Terhadap Informasi Iklan Yang Menyesatkan

This study aims to examine the existence of misleading advertising information reviewed from the law perspective as well as the role of the government in providing legal protection to consumers. This study implemented conceptual and legal approaches. The results of the research show that advertisement is stated to be misleading if it violates Article 9 of The Consumer Protection (UUPK). As for the legal consequences, the advertisment’s owners may be subject to administrative, criminal, civil, and additional penalties. Consumers who suffer from misleading advertising information receive preventive legal protection in the form of making legal rules that guarantee legal protection and supervision of customers. In addition, consumers also get repressive legal protection through the courts of the justice so that costumers can file claims to the court or through channels outside the court thant are managed by The Consumer Dispute Settlement Board (BPSK). Based on the research results, its concluded that forms of misleading advertisements are misleading, deceptive, omission, and puffery. Businesses that are dishonest in advertising their products will be subject to sanctions. The advertising legal protection is contained in the UUPK, KUHPer, and the 2020’s Amendment of Indonesian Pariwara Ethics.

Развитие на административното наказване в годините след Освобождението и обособяването му в самостоятелно административнонаказателно производство

The subject of this article is the development of the administrative penalty in the years after the Liberation of Bulgaria and its establishment as independent administrative criminal proceedings. Administrative sanctions in Bulgaria existed even before the adoption of the current Law on Administrative Violations and Penalties (LAVP) in 1969, although not independently. This law regulates the legal definition of administrative violation: a human act expressed through action or inaction contrary to the established order of the ruling socialist government. With the adoption of LAVP and the repeal of Chapter XXVIII of the Bulgarian Code of Criminal Procedure of 1952, the administrative process is separated as independent along with the criminal and civil ones. LAVP already represents a systematic construction of substantive and procedural norms with global and developed sanctions.

AKIBAT HUKUM PENERBITAN BILYET GIRO KOSONG DALAM PERSPEKTIF PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

Time by time was passed, human life has progressed. The transaction in the old sistem using barter, and now has changed to using money. The example one the money for transactions is bilyet giro. Bilyet giro is one of the paper for asking to move the money from sender's bank account to the receiver's bank account. The using of bilyet giro stil have some problem. Blank bilyet giro give some uncomfortable for the people, so we need to give the trust again from the people. Bilyet giro has a law relations by the maker, the receiver, ant the bank that have their account. In the law relations, they have something to do with the rights and obligations. Because of the debtor give the blank bilyet giro, that make some law is working to prove the problem. The law effect from debtor is to make debtor pay the debt to the creditor so they can get what must they have from the transaction with debtor. Bilyet giro maker will get the administrative penalty by the rules Bank Indonesia law number 8/29/Pbi/2006 about the national blacklist of the blank bilyet giro debtor that is the identity of bilyet giro maker will add to the blacklist and can't to use the bilyet giro, so they must to pay the penalty and the compensation just like what in the rule of civil law.