Administrative Penalties Research Articles

ADMINISTRATIVE AND LEGAL RESPONSIBILITY AS A MEANS OF ENSURING ENVIRONMENTAL LAW AND ORDER

This article examines the institution of administrative and legal accountability for environmental vio-lations in the context of upholding environmental law and order. The objective of the article is to identify specific features and uncover new facets of the institution of administrative and legal responsibility for environmental offenses.The study focused on the following tasks: characterizing this institution, analyzing administrative offenses in the field of environmental protection and natural resource management, identifying their spe-cific characteristics as offenses, and developing strategies for improving their detection and prevention.The proposed hypothesis is the importance of administrative and legal responsibility for ensuring environmental law and order.The article has scientific (the author’s definition of an administrative offense in the field of environ-mental protection, the use of natural resources, the established differences between administrative and criminal offenses in the environmental sphere contributes to the development of the theory of environ-mental and administrative law) and practical significance (the recommendations are aimed at improving Kazakh legislation, optimizing the system of administrative penalties).The core outcomes involve the development of a definition for administrative offenses within en-vironmental protection and natural resource usage, as well as the identification of their unique charac-teristics and their differentiation from other offense types. The study concludes with a recommendation to review the current system of administrative penalties. The value of these findings and conclusions is highlighted by their contribution to the theory of environmental and administrative law.

"ДЕЛО ГЕЙНРИХА": ИЗ ИСТОРИИ САТИРИЧЕСКОЙ ПЕЧАТИ, ЦЕНЗУРЫ И СУДЕБНЫХ ПРОЦЕССОВ В РОССИЙСКОЙ ПРОВИНЦИИ В ГОДЫ ПЕРВОЙ РЕВОЛЮЦИИ 1905–1907 ГГ. ЧАСТЬ 1. ИЗДАТЕЛЬСКАЯ И ЦЕНЗУРНАЯ ИСТОРИЯ ЖУРНАЛА "КАРАНДАШ"

Using the example of the publication history of the “Karandash” magazine in the Saratov province (1906), the article considers the historical circumstances of the functioning of the satirical press in the administrative and legal space of the Russian province during the period of the first revolution. The paper analyzes the structure and content features of the satirical magazine, the publication of which was subordinated to the tasks of radical political agitation. Based on the newly identified, previously unpublished archival files from three collections of the State Archives of the Saratov Region, the vicissitudes of the “Heinrich case” (i. e., the trials that took place in 1907–1909 against K.E. Heinrich, the publisher of the “Karandash” magazine) were reconstructed. The text of the article includes a commented publication of the fragments of the archival documents (the official correspondence of the press inspector, the prosecutor of the Saratov Judicial Chamber, of the Saratov governor; the judicial procedural materials of the Saratov Judicial Chamber). The records from the “Heinrich case” show the characteristic phenomena and the processes in the Russian society and the government institutions of the early 20th century: the clash of different systems of political and legal values; inconsistency between the government agencies, the censorship and the judicial system; a combination of lenient and acquittal court sentences with harsh administrative penalties; the general ineffectiveness of the administrative and legal measures against radical political agitation in the country

Exploration of Issues Related to Confiscation of Illegal Gains in Foreign Exchange Administrative Penalties

Exploration of Issues Related to Confiscation of Illegal Gains in Foreign Exchange Administrative Penalties

Protecting Consumer Privacy Under Resolutions on Marketing Through Phone Calls in the UAE

The UAE telecommunications market is rapidly expanding, prompting the issuance of Resolution No. 56 of 2024, which regulates marketing phone calls, and Resolution No. 57 of 2024, which addresses penalties for violations. Both resolutions take effect in mid-August 2024. Resolution No. 56 defines telemarketing and distinguishes between “marketing” and “unwanted marketing” calls. It establishes guidelines for licensed telemarketing companies and procedures to protect consumers, enhancing privacy and fair practices. Resolution No. 57 outlines administrative penalties for violations. This paper reviews the regulatory framework for telemarketing in the UAE.

Revealing or concealing: The impact of environmental penalty spillover effects on corporate environmental information disclosure

Abstract As a way of environmental protection, environmental administrative punishment affects the environmental decision-making of enterprises to a certain extent. This paper proposes the industry spillover effect of environmental administrative punishment, utilizes the variable factors affecting the quality of corporate environmental information disclosure, and puts forward the hypothesis of the relationship between the spillover effect of environmental punishment and the level and quality of environmental information disclosure, whether it is “displaying” or “disguising”. Companies listed in the heavy pollution industry are selected as research objects to test the relevance of each influencing factor on environmental information disclosure. The double-difference method is used to construct the regression model to verify the influence of government regulation on the level of environmental information disclosure, analyze the impact of environmental information disclosure level on the market value of enterprises, and the relationship between environmental administrative penalties and environmental information disclosure. The regression equation passed the F-test with an adjusted R 2 of 0.425 and the coefficient of EDI of 0.362. It passed the 1% significance level test, indicating that the level of environmental information disclosure is positively related to enterprise value. The higher the level of disclosure of the environment, the higher the market value. Whether the listed company is engaged in legitimacy management or impression management, manipulating environmental disclosure during this period has an impact on the level and quality of environmental disclosure.

Анализ распространенности медицинских уголовных и административных правонарушений в Республике Казахстан

According to the information of the Bank of Judicial Acts of the Supreme Court of the Republic of Kazakhstan, from 2017 to 2019, 39 appeals were received in the Republic of Kazakhstan to initiate administrative and criminal cases against medical workers, 90% of which were considered with sentencing. An analysis of the data obtained showed that the largest number of appeals is noted in the Karaganda and East Kazakhstan regions, while in the West Kazakhstan region there are no such appeals (Bank of Judicial Acts of the Supreme Court of the Republic of Kazakhstan, 2020).The purpose of this study: To analyze the dynamics of the prevalence of medical criminal and administrative offenses in the Republic of Kazakhstan for the period 2017-2021.Methods. A descriptive study was conducted based on official information from the Committee on Legal Statistics and Special Accounts of the Prosecutor General's Office of the Republic of Kazakhstan. The results of the study were analyzed using descriptive statistics methods.Results. We have identified an increase in deaths from medical criminal offenses in 2020-2021, despite the general trend of a decrease in such offenses. The city of Astana and the South Kazakhstan region are the leaders in the number of offenses. The main violations are related to improper performance of professional duties. High rates of administrative offenses were recorded in the field of pharmaceuticals and medical device handling in 2020. There was also an increase in fines for these violations. The total number of administrative penalties has increased significantly since 2018 and in recent years.Conclusions. The results of this study can serve as a starting point and a basis for the development of recommendations or guidelines that will be widely applied to improve the quality and safety of medical care, as well as to reduce the negative impact of complaints against medical professionals both on a personal and professional level. The results obtained can be used by stakeholders in the field of healthcare

Уголовно-правовая охрана водных объектов: национальный, зарубежный и международный опыт

Current issues related to the legal protection of water bodies, ensuring their increasing value in modern conditions, are revealed. The issues of legal protection under consideration are relevant both at the international and domestic levels. The purpose of the study is to consider the negative impact of the weakening of the administrative regime in the field of environmental protection, which affects the application of measures of criminal law and procedural coercion against those responsible for causing significant harm to natural resources. Administrative law is closely related to criminal law; therefore, in practice, administrative penalties prevent damage to the objects of encroachment (public relations in the field of rational use of natural resources), which can develop into a socially dangerous consequence of the crime. General scientific and specifically legal methods are used as research methods. The main attention is paid to the method of analysis. It is established that the creation of a unified basic methodology that would help investigative and inquiry authorities increase the percentage of detection of criminal and administrative cases of environmental crimes is currently not possible. The intersectoral nature and blanket nature of the norms significantly distinguish such acts from each other. The lack of professional training of investigators and interrogators, the lack of knowledge and special literature on the investigation of environmental crimes, of course, cannot have a positive effect on curbing crime in this area.

Determination of the vehicle's carrying capacity taking into account the bearing capacity of the roads

Increasing the efficiency of using the technical parameters of trucks, in order to save resources, remains an urgent task in the operation of vehicles. Maximum vehicle performance is achieved when the vehicle's rated payload capacity is used to its full potential. As practice shows, due to the regulation of weight parameters, the actual carrying capacity, and, consequently, the performance of the vehicle is reduced. The increased load leads to the destruction of the road surface, therefore, for exceeding the standard values of the weight parameters of the car, carriers are subject to administrative punishment in the form of a fine. The actual task is to determine the actual load capacity of the vehicle when the limit value of the axle load according to the regulatory document is ensured. This paper proposes a method for determining the carrying capacity of road trains consisting of a truck tractor and a semi-trailer, taking into account the bearing capacity of highways. When determining the actual mass of the transported cargo, the maximum permissible values of the total mass and axle load of the vehicle were taken into account, which depend on the category of the road, as well as on the design features of the vehicle (type of suspension, wheels, center distance).

Legal Risk and Regulation of Automated Administrative Punishment in Traffic Law Enforcement

Legal Risk and Regulation of Automated Administrative Punishment in Traffic Law Enforcement

Research on Supplementing the Administrative Establishment of Administrative Punishment<i> </i>Authority

Research on Supplementing the Administrative Establishment of Administrative Punishment<i> </i>Authority

The Decentralization of Administrative Punishment and the Improvement of the Undertaking Mechanism

The Decentralization of Administrative Punishment and the Improvement of the Undertaking Mechanism

Regulation of Public Administrative Punishment Decisions from a Teleological Perspective

Regulation of Public Administrative Punishment Decisions from a Teleological Perspective

Insufficient construction of administrative punishment power at the grassroots level and countermeasures

Insufficient construction of administrative punishment power at the grassroots level and countermeasures

Ensuring the execution of administrative punishments by internal affairs bodies

Ensuring the execution of administrative punishments by internal affairs bodies

The Crime of Importing Goods Prohibited Under Trade Law

This research focused on the restriction of specific commodities from being brought into Indonesia and the implementation of regulations aimed at tackling the illegal activity of importing these prohibited products. Analyses are conducted on secondary sources of information, including statutes, books, and periodicals, in accordance with a juridical-normative research approach and conceptual approach. The research demonstrates that the limitation on importing specific commodities into Indonesia is intended to safeguard the interests of the nation and state. The forbidden goods encompass items that have the potential to disrupt military and security, pose risks to human health, cause harm to the environment, disrupt industry, trade, and finance, and damage cultural products. The Minister of Trade Regulation No. 18 of 2021, along with the Regulation of the Minister of Trade No. 40 of 2022, clearly states the precise commodities that are prohibited. Law enforcement against importing prohibited items uses administrative and criminal penalties. The imposition of import duties and the confiscation of merchandise are examples of administrative sanctions. Criminal sanctions are governed by articles 110 and 112 of Law No. 7 of 2014, which establish the provisions for cumulative criminal sanctions and penalties. Furthermore, these enforcement measures may be harmonized with customs regulation. In general, this research provides insight into the legal mechanisms implemented to enforce the prohibitions on specific imported products in Indonesia, as well as the underlying justifications for such restrictions, to safeguard national interests.

THE SOCIAL CONDITIONALITY OF THE INTRODUCTION OF CRIMINAL LIABILITY FOR THE REFUSAL OR EVASION OF A PERSON SUBJECTED TO ADMINISTRATIVE PUNISHMENT FROM CONCLUDING A STATE CONTRACT UNDER A STATE DEFENSE ORDER OR A CONTRACT NECESSARY TO FULFILL A STATE DEFENSE ORDER

This article evaluates the determinants that determine the social expediency of introducing liability under Article 2013 of the Criminal Code of the Russian Federation into the current Criminal Law of the Russian Federation - "Refusal or evasion of a person subjected to administrative punishment from concluding a state contract for a state defense order or a contract necessary to fulfill a state defense order." The author examines the content of the new corpus delicti and draws conclusions determining the necessity and validity of the introduction of criminal liability for the repeated act of committing an administrative offense provided for in Article 7.29.2. of the Administrative Code of the Russian Federation. As a result, the conclusion is formulated that the presented amendments to the criminal law significantly tighten criminal liability for the acts in question, provided that the primary administrative offense is committed, which translates the consequences in the form of the application of legal liability to the guilty person from a number of administrative consequences to the plane of criminal legal relations, which is also due to new challenges and threats that are reflected in the modern realities of economic, legal and legal development of the Russian Federation.

Противоправные деяния сотрудников уголовно-исполнительной системы: статистика, квалификация, вид наказания

The study proposes to exclude the designation of crimes provided for by the Criminal Procedure Code of the Russian Federation "against the established order of service, committed by employees of institutions and bodies of the penal enforcement system" as absent in the Criminal Code of the Russian Federation. Only the last most important legal act determines which types of illegal acts are criminal. Reflecting on the specifics of administrative responsibility of employees criminally by replacing it (in some cases) with disciplinary responsibility, the author proposes to introduce a deduction from the time of service (from seniority) for a certain period, depending on the offense (offense) committed, as disciplinary penalties and administrative penalties.

The Austrian «Atypical model» of criminal protection of the circulation of medical devices

The Austrian model of criminal protection of the circulation of medical devices is considered. The authors note that atypicality of the Austrian “model” of criminal law protection of circulation of medical devices is due to several factors.
 It is analyzed that the main ones are those related to: a) the legislative definition of the concept of pharmaceutical products, since the content of this concept “legislatively outlines” the limits of criminal protection and affects the mechanism of ensuring this protection; b) determination of the limits of criminal protection of medical devices depending on the requirements of the Austrian Federal Law on Medical Devices.
 The authors note that the atypicality of the Austrian “model” of criminal protection of medical devices is influenced primarily by the absence of a legislative definition of the concept of “medical devices”, as well as the “negative sign” of the corresponding types of administrative offenses, indicated in the sanction of part 1 § 80 of the Austrian Federal Law on Medical Devices (2021).
 The authors also focus their attention on the fact that the atypicality of the Austrian “model” of criminal protection of medical devices is also due to the fact that the aforementioned Federal Law on Medical Devices in its § 80 contains provisions on “administrative punishment (Verwaltungsstrafe)” for violations of the established procedure for the circulation of medical devices, which affect the provision criminal law protection of medical devices and its limits.
 It is proven that the specified “negative sign” directly affects the definition of offenses of those specific types, which are provided for in the Austrian Code of Criminal Procedure and encroach on the circulation of medical devices. The peculiarities of such limits under Austrian criminal law should be connected primarily with the fact that the specified “negative feature” is fixed in the sanction of part 1 § 80 of the Austrian Federal Law on Medical Devices (2021), “does not eliminate” the formation of relevant signs of acts and illegality as mandatory structural elements of criminal offenses of certain types.

Limits of Possibility: Practices of Administrative Sanctions Against Russian Periodical Press at Beginning of 20th Century

The study examines the mechanisms of censorship restrictions on Russian periodical press that had become widespread by the beginning of the 20th century. It explores the history of the development of censorship during the post-reform era and the stages of reorganization of the censorship apparatus in the context of changing Russian realities in the second half of the 19th century and the beginning of the 20th century. The issue of legislative initiatives regulating the coverage of domestic political events in the pages of Russian periodicals is addressed. Special attention is given to the practice of using administrative resources in the form of mandatory decrees by governors to establish control over local press. The documents for analysis were extracted by the authors from the archives of the Police Department of the State Archive of the Russian Federation. They contain information about specific instances of administrative penalties and fines imposed by governors on newspaper editors. Comparing this information with the content of articles subjected to penalties allowed for the identification of "the limits of possibility" for periodical press that existed locally in the perceptions of administrators. The review conducted led to the conclusion that mandatory decrees provided provincial administrations with the right, based on their own biases and convictions, to censor political content in print publications, thereby influencing public opinion.

Sankcje w postaci kar pieniężnych

Over the several decades of her scientific activity, Professor Teresa Rabska played an outstanding role in the formation of Polish administrative law, particularly during the political and economic transformations of the late 1980s, when Prof. Rabska was actively involved in the field. Within public economic law, the role of the state and its tools for influencing the economy have evolved fundamentally. In this area, the administrative sanctions with which administrative bodies were equipped have developed profoundly and taken on an important function. Undoubtedly, the European Union plays a significant role in the development of administrative penalties. Penalties are imposed in the form of administrative decisions, issued according to procedures governed by the Code of Administrative Procedure. This Code and other laws enumerate the prerequisites for assessing a penalty. Among these, the omission of the element of guilt must be a cause for concern. Consequently, particularly in the case of penalties imposed on individuals, the penalty may be imposed on a person to whom no fault can be attributed in the violation of the law that caused the punishment. The system of fines thus arouses great dissatisfaction among market participants. An analysis of the system of administrative penalties in Poland raises the issue of harmonizing solutions on the scale of the European Union, as it is expected that penalties should be of similar size in all member states. However, the statutory enshrinement of high penalties in the current legislation does not prejudge the practice of imposing them. Given the smaller revenues generated in Poland, the penalties imposed should be proportionately lower. Moreover, the law does not categorically require the imposition of high penalties. The legislation often uses the word “may,” from which some people draw conclusions about the imposition of penalties under administrative discretion, which is not legitimate.