Порядок рассмотрения дел об административном правонарушении при осуществлении ведомственного контроля в сфере государственного оборонного заказа

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Abstract: The research subject is the procedure of consideration of cases on administrative offences during the departmental control in the sphere of government defence order (GDO) and the issues of administrative responsibility. The administrative responsibility in the sphere of GDO consists in the imposition of administrative punishment by judges and specially authorized federal executives on private individuals and corporate entities for administrative offences in the sphere of GDO provided by the Administrative Offences Code. The Federal Law of 05.04.2013 No 44 “On the contract based system of state procurement of goods, services and works”, article 3, defines the main concepts used in the sphere of government defence order. Particularly, the concept of “supervisory body in the sphere of state procurement” means the federal executive body, municipal local authority, local authority of a city district, authorized to carry out supervision over procurement, and the federal executive body authorized to carry out supervisory functions in the sphere of government defence order and state procurement of goods, services and works which are not connected with the government defence order and the information about which is classified”. The supervision function consists in the constant regular supervision of special government bodies over the work of bodies and persons, not subordinate to them, for the purpose of detecting legality infringements. The subject of regulation of departmental control is the inspection of observance of the legislation in the sphere of GDO by public procurement authorities, leading executives, executives, federal executive bodies and other entities and officials endowed with such powers. In case of detection of the signs of violation of the Federal Law “On government defence order” No 275, the supervisory authority initiates and considers the cases on the infringement of the legislation in the sphere of GDO. The proceedings are initiated according to the standard procedure established by the legislation of the Russian Federation. The research methodology is based on dialectical materialism and the set of general and special research methods, including the formal-logical, system, the method of comparative jurisprudence, etc. The article considers the issues of administrative regulation of the procedure of consideration of administrative cases in the sphere of government defence order. The author analyzes the peculiarities of consideration of such cases and the issues of departmental control. The author offers the definition of administrative responsibility in the sphere of government defence order as the imposition of administrative punishment by judges and specially authorized federal executives on private individuals and corporate entities for administrative offences in the sphere of GDO provided by the Administrative Offences Code, the concepts of departmental control and supervisory body. 

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