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Administrative and municipal law
Reference:
Arkhipov S.V.
Individualization of administrative punishment of legal entities
// Administrative and municipal law.
2015. № 9.
P. 921-924.
DOI: 10.7256/2454-0595.2015.9.14803 URL: https://en.nbpublish.com/library_read_article.php?id=14803
Индивидуализация административного наказания юридических лиц
Arkhipov Sergei Viktorovich
Head of the Legal Department of the "Federal Center for Logistics OAO"
111675, Russia, Moscow, ul. Dubininskaya, 53
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sergey_ar@mail.ru
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DOI: 10.7256/2454-0595.2015.9.14803
Received:
25-03-2015
Published:
29-09-2015
Abstract:
The subject of the research is the range of problems of law-enforcement practice, connected with the possibility of individualization of administrative punishment for legal entities, and the ways of their solution. Since 2007 the policy of administrative responsibility toughening has been consistently realized, resulting in the increase of fines for legal entities. Taking into account that in most cases of administrative offences there are no other forms of punishment for legal entities, and payment by installments or the legal institution of unimportance was not enough for a just and adequate punishment, implementation of some constitutional principles in the ambit of administrative responsibility was not assured. The study applies the comparative-legal research method; the author uses comparison of legal norms (also in their historical development), regulating this sphere of legal relations, law-enforcement practice and scientific literature. The novelty of the research consists in the fact that it is the first study of historical prerequisites and measures of legitimation of the mechanisms of individualization of administrative punishment for legal entities in accordance with constitutional principles of imposition of punishment. The author believes that the study results can be used by other researchers in this sphere.
Keywords:
legal method of regulation, administrative fine, administrative punishment, differentiation, legal entities, individualization of administrative responsibility, administrative responsibility, constitutional guarantees, no alternative to sanctions, law-enforcement practice
References
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yuridicheskikh lits publichnogo prava // Administrativnoe i munitsipal'noe pravo. - 2013. - 9. - C. 893 - 897. DOI: 10.7256/1999-2807.2013.9.9605.
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