1. Commitment by a creditor or a person acting on his behalf and (or) in his interests (with the exception of credit institutions) of actions aimed at returning overdue debts and violating the law Russian Federation on protection of rights and legitimate interests individuals when carrying out activities for the return of overdue debts, with the exception of cases provided for by part 2 of this article -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand to fifty thousand roubles; on officials - from ten thousand to one hundred thousand rubles or disqualification for a period of six months to one year; for legal entities - from twenty thousand to two hundred thousand rubles.
2. Violation provided for by paragraph 1 of this article, committed by a legal entity included in the state register of legal entities, carrying out activities on the return of overdue debts as the main type of activity, -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to two hundred thousand rubles or disqualification for a period of six months to one year; for legal entities - from fifty thousand to five hundred thousand rubles or an administrative suspension of activities for a period of up to ninety days.
3. Violation by a person who is a founder (participant), a member of the board of directors (supervisory board), a member of a collegial executive body, a sole executive body of a legal entity included in the state register of legal entities carrying out activities to return overdue debts as the main type of activity, of the requirements and restrictions established in relation to these persons by the legislation of the Russian Federation on the protection of the rights and legitimate interests of individuals in the course of carrying out activities to return overdue debts, -
shall entail the imposition of an administrative fine on officials in the amount of fifty thousand to one hundred thousand rubles or disqualification for a period of six months to one year.
4. Illegal performance by a person not included in the state register of legal entities engaged in activities for the return of overdue debts as the main type of activity, actions that, in accordance with the Federal Law "On the protection of the rights and legitimate interests of individuals in the implementation of activities for the return of overdue debts and on amendments to the Federal Law “On Microfinance Activities and Microfinance Organizations” may be carried out only by a legal entity included in the said register, —
shall entail the imposition of an administrative fine on citizens in the amount of fifty thousand to five hundred thousand roubles; on officials - from one hundred thousand to one million rubles or disqualification for a period of six months to one year; for legal entities - from two hundred thousand to two million rubles.
In the absence of independent earnings from a minor, an administrative fine is collected from his parents or other legal representatives (Article 32.2 of the Code of Administrative Offenses). The grounds for applying measures of influence to adolescents who have committed offenses are the nature of the offenses committed, their social danger and the severity of the consequences, the causes and conditions conducive to their commission, the conditions of family life and upbringing, the environment surrounding the adolescent, the age and level of intellectual development of the offender, his behavior in the past and attitude to the committed offense. The Code of Administrative Offenses separately stipulates the composition of offenses, where the subject of the offense must have a special status - an official, an entrepreneur.
An administrative offense is an illegal, guilty action (inaction) of an individual or legal entity, for which this Code or the laws of the constituent entities of the Russian Federation on administrative offenses establish administrative responsibility (Article 2.1 of the Code of Administrative Offenses of the Russian Federation). Signs of an administrative offense From the definition of an administrative offense given in Article 2.1 of the Code of Administrative Offenses of the Russian Federation, the following signs can be distinguished. 1. Illegality of action (inaction). Illegal - not based on the law (illegal) action or inaction, violation of the norm of the law governing certain relations; 2.
Guilty action (inaction). Guilt in committing an offense is characterized by intent or negligence (a form of guilt).
Russian administrative law
Thus, when performing actions in case of emergency, it should be noted that the threat of violation of law-protected interests by a “third force” must be real and correspond to the nature of the action performed by the guilty subject in order to avoid even greater negative consequences. This follows from the rule of not exceeding the limits of extreme necessity. For example, human life or health is immeasurably higher than any property values.
Another circumstance excluding the guilt of a person for committing an administrative offense is insanity. In accordance with Art. 2.8 of the Code of Administrative Offenses of the Russian Federation, an individual who, at the time of committing illegal actions (inaction) was in a state of insanity, is not subject to administrative liability, i.e.
Chapter 13. Structure of an administrative offense
For administrative offenses provided for in Articles 5.1 - 5.26, 5.45 - 5.52, 5.56, 6.3, 7.29 - 7.32, Chapter 8, Article 11.16 (in terms of violation of fire safety rules outside the place of military service (service) or military training), Chapters 12, 15 and 16, Article 17.7, Articles 18.1 - 18.4, 19.5.7, 19.7.2 and Article 20.4 (in terms of violation of fire safety requirements outside the place of military service (service) or military training) of the Code of Administrative Offenses of the Russian Federation, these persons bear administrative responsibility on a universal basis. Thus, in cases specified by law, these persons are liable as a subject with a special status, and their responsibility will be disciplinary, in all other cases on a general basis. Foreign citizens, stateless persons and foreign legal entities bear administrative responsibility on a general basis.
An error occurred.
A person who has reached the age of sixteen by the time the administrative offense was committed is subject to administrative liability. In accordance with paragraph 2 of Art. 24.5 of the Code of Administrative Offenses of the Russian Federation, the failure by an individual at the time of the commission of unlawful actions (inaction) of the age provided for by the Code for bringing to administrative responsibility is a circumstance that excludes proceedings on an administrative offense. In accordance with Art. 2.3 of the Code of Administrative Offenses, the commission for minors and the protection of their rights, taking into account the specific circumstances of the case and data on a person who committed an administrative offense at the age of 16 to 18, may release him from liability.
Measures envisaged by federal legislation on the protection of the rights of minors may be applied to the said person.
Forms of guilt in the commission of an administrative offense are defined in Art. 2.2 of the Code; Punishability implies the presence of a norm of the Code or a law of a subject of the Russian Federation on administrative offenses that establishes administrative responsibility for the commission of relevant actions (inaction). “An administrative offense is an act that entails, in accordance with the Code of Administrative Offenses or the law of a constituent entity of the Russian Federation, precisely administrative (according to the list of administrative penalties specified in Article 3.2 of the Code of Administrative Offenses), and not other legal liability. Formulating the compositions of administrative offenses bordering on crimes, the Code of Administrative Offenses sometimes emphasizes this feature especially - in the form of a reservation: "... if these actions do not contain a criminally punishable act" (for example, in part 4 of article 14.25, article 15.24, etc.) or " ... in the absence of signs of crimes” (Article 7.27). Part 1 Art.
Composition of an administrative offense h 4 article 14 57 of the Code of Administrative Offenses of the Russian Federation
The described administrative offense, according to the court, occurred precisely through the fault of the company, which did not ensure the impossibility of admitting a person who does not work in a store owned by the company to its goods. Bringing a legal entity to administrative responsibility through objective imputation is the third approach that some courts try to apply when considering cases of administrative offenses. This position, of course, contradicts both the current legislation and the theory of legal liability.
So, Arbitration court the city of St. Petersburg and Leningrad region refused to satisfy the requirements of the company for recognition as illegal and the abolition of the decision of the customs authority to bring him to administrative responsibility under Art.
Forms of Guilt" of the Code of Administrative Offenses of the Russian Federation, an administrative offense is recognized as committed intentionally if the person who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and desired the onset of such consequences or knowingly allowed them or treated them indifferently. According to the administrative legal norm of the Code of Administrative Offenses of the Russian Federation, an indication of the intentionality of a committed unlawful offense is necessary in all cases when a person is held accountable for an offense committed only by intent, therefore Russian legislation directly indicates in certain administrative offenses the intentional nature of guilt.
In all other cases, organizations are widely represented in the administrative punishment mechanism regulated by the Code.” All subjects can be classified as follows, proposed by D.N. Bakhrach, who believes that administrative law two groups of subjects should be distinguished: the first is individual subjects, which include citizens of the Russian Federation, foreign citizens and stateless persons, the second is collective subjects of an organization, structural divisions of organizations, labor and other collectives of organizations; complex organizations.
The subjective side of the commission of an administrative offense The only factual basis for the occurrence of administrative responsibility in accordance with Art.
This aspect of the objective side is of a qualifying nature, on which the degree of public danger of the misconduct of the guilty person depends, and often affects the imposition of a more severe punishment. “Wrongfulness, negative consequences and a causal relationship in their totality are elements of the objective side of any offense, and, in particular, administrative, regardless of whether it is “simple” or lasting. Therefore, these elements can be called permanent or basic. The subject of the offense The perpetrators are individuals and legal entities who have committed certain acts prohibited by the current federal and regional legislation in the field of administrative law.
In relation to individuals, a minimum age for bringing to administrative responsibility is established, Art. 2.3. Code of Administrative Offenses of the Russian Federation.
1. Commitment by a creditor or a person acting on his behalf and (or) in his interests (with the exception of credit institutions) of actions aimed at returning overdue debts and violating the legislation of the Russian Federation on the protection of the rights and legitimate interests of individuals when carrying out activities to return overdue debt, except for the cases provided for by part 2 of this article -
shall entail the imposition of an administrative fine on citizens in the amount of five thousand to fifty thousand roubles; on officials - from ten thousand to one hundred thousand rubles or disqualification for a period of six months to one year; for legal entities - from twenty thousand to two hundred thousand roubles.
2. Violation provided for by paragraph 1 of this article, committed by a legal entity included in the state register of legal entities engaged in activities for the return of overdue debts as the main type of activity, -
shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to two hundred thousand rubles or disqualification for a period of six months to one year; on legal entities - from fifty thousand to five hundred thousand rubles or an administrative suspension of activities for a period of up to ninety days.
3. Violation by a person who is a founder (participant), a member of the board of directors (supervisory board), a member of a collegial executive body, a sole executive body of a legal entity included in the state register of legal entities carrying out activities to return overdue debts as the main type of activity, of the requirements and restrictions established in relation to these persons by the legislation of the Russian Federation on the protection of the rights and legitimate interests of individuals in the course of carrying out activities to return overdue debts -
shall entail the imposition of an administrative fine on officials in the amount of fifty thousand to one hundred thousand rubles or disqualification for a period of six months to one year.
4. Illegal performance by a person not included in the state register of legal entities engaged in the return of overdue debts as the main type of activity, actions that, in accordance with the Federal Law "On the protection of the rights and legitimate interests of individuals in the implementation of activities for the return of overdue debts and on amendments to the Federal Law "On Microfinance Activities and Microfinance Organizations" may be carried out only by a legal entity included in the said register, -
shall entail the imposition of an administrative fine on citizens in the amount of fifty thousand to five hundred thousand roubles; on officials - from one hundred thousand to one million rubles or disqualification for a period of six months to one year; for legal entities - from two hundred thousand to two million rubles.
