DOI: 10.7256/2454-0706.2017.3.18736

Abstract: The subject of this research is the combination of legal norms that regulate the order of the incurrence of liability for violations of requirements for project documentation and normative documents in the area of construction. The object of this research is the public relations established between the competent authorities and the actors of construction activity regarding the audit of documentation and adherence of the latter to the requirements of normative acts in the area of construction. The Code of the Russian Federation on Administrative Offenses refers to the various normative legal acts, which are not quite subsequent in regulation of the content and completeness of preparation of the project documentation. The key directions of the study cover the difficulties of theoretical and practical character that accompany the possibility of full qualification of actions, which represent the composition of administrative legal violations for infracting the requirements of project documentation and normative documents in the area of constructions. The author concludes that the punishment for the legal violation established by the Article 9.4 of the Code of the Russian Federation on Administrative Offenses does not carry out its preventative or recovering function to the full extent. The aforementioned administrative legal violation takes place due to the neglect and indifference by the subjects of construction activity of the content of project documentation, as well as the procedure of its complete and timely preparation.

DOI: 10.7256/2454-0706.2017.3.42946

Abstract: The subject of this research is the combination of legal norms that regulate the order of the incurrence of liability for violations of requirements for project documentation and normative documents in the area of construction. The object of this research is the public relations established between the competent authorities and the actors of construction activity regarding the audit of documentation and adherence of the latter to the requirements of normative acts in the area of construction. The Code of the Russian Federation on Administrative Offenses refers to the various normative legal acts, which are not quite subsequent in regulation of the content and completeness of preparation of the project documentation. The key directions of the study cover the difficulties of theoretical and practical character that accompany the possibility of full qualification of actions, which represent the composition of administrative legal violations for infracting the requirements of project documentation and normative documents in the area of constructions. The author concludes that the punishment for the legal violation established by the Article 9.4 of the Code of the Russian Federation on Administrative Offenses does not carry out its preventative or recovering function to the full extent. The aforementioned administrative legal violation takes place due to the neglect and indifference by the subjects of construction activity of the content of project documentation, as well as the procedure of its complete and timely preparation.

DOI: 10.7256/2454-0692.2016.3.18397

Abstract: Administrative suspension of activity is an effective preventive measure that encourages participants of social relations in their rights and legitimate interests realization to act in a full compliance with the language of law. Administrative offences in the field of construction are quite often punished by administrative suspension of activity. Since suspension of activities in certain cases is preventive in its nature, and therefore can't be qualified as an administrative punishment, it is necessary to consider the conditions, peculiarities and the procedure of imposition of administrative suspension of activity for the offences in the sphere of construction. Such offences, according to the general rule, are considered according to the standard legislative requirements related to the procedure. In order to prevent an administrative offence, identify the offender, draw up a protocol or conduct a trial, provisional measures can be used. Provisional measures as procedural actions, performed by the authorized persons, are actively used when considering administrative offences in the sphere of construction. Provisional measures are targeted, but at the same time they don’t allow for restriction of rights and freedoms of the person and invasion of privacy. The author of the study pays attention to the particular provisional measures used by the authorized agencies in the case of the committed offence, reveals the problems and difficulties of administrative proceedings in the sphere of construction.