Table of contents (expand)
- Public administration: basic concepts, management system, its features
- Social management: state and public
- Goals and functions of management, their classification. Management cycle
- Principles of organizing the activities of government bodies
- Public administration bodies: concept and functions
- Rule-making, regulation and control of public administration bodies
- Executive power
- Signs of executive authorities
- Constitutional principles for exercising the functions of executive power
- The concept of the branch of administrative law, its sources
- The subject and method of the branch of administrative law
- System of branch of administrative law
- Correlation of administrative law with other branches of law
- Science of administrative law
- Administrative law as an academic discipline and as a branch of legislation
- The mechanism of administrative and legal regulation
- Administrative and legal norms: concept and structure
- Classification of administrative and legal norms
- Implementation of administrative and legal norms
- The concept of administrative legal relations
- Signs of administrative and legal relations
- Elements and content of administrative-legal relations
- Classification of administrative legal relations
- Administrative and legal status of citizens. Citizenship
- Individuals as participants in administrative and legal relations
- Administrative and legal status of foreign citizens and stateless persons
- Executive authorities: concept, classification and system
- The system of federal executive bodies
- Structure of federal executive authorities
- Powers of the President of Russia in the sphere of executive power
- General powers of the government of the Russian Federation to exercise executive power
- Special powers of the government of the Russian Federation for the exercise of executive power
- Powers of the executive authorities of the constituent entities of the Russian Federation
- Powers of state institutions, administrations of local governments, organizations
- Civil service and employees: the concept and classification of positions
- Rights of civil servants
- Responsibilities of civil servants
- Restrictions and prohibitions related to the civil service
- Principles of civil service, requirements for official behavior of an employee
- Administrative offense: concept and signs
- Composition of an administrative offense
- Administrative responsibility: concept and common features
- Features of administrative responsibility
- Administrative punishment: concept, types and characteristics
- General rules for imposing an administrative penalty
- Liability of legal persons
- The concept of discipline and disciplinary responsibility
- Material liability
- Administrative process: concept and content
- Administrative process: features, content and principles
- Stages of the administrative process
- Proceedings in cases of administrative offenses
- Types of individual administrative cases and types of administrative proceedings
- Administrative jurisdiction
- Ways to ensure the rule of law and discipline
- Prosecutorial and administrative types of supervision
- Appeal against actions (decisions) of state bodies
- State bodies in the field of economic activity
- The system of executive authorities in the field of agriculture (agriculture)
- Powers of the Government and the Ministry of Transport of the Russian Federation in the field of transport
- The system of federal executive authorities in the field of transport
- The system of executive authorities in the field of industry, energy and communications
- The system of executive authorities in the field of industry, energy and communications (continued)
- Executive authorities in the field of financial relations
- The system of executive authorities in the field of education and science
- The system of executive authorities and the administrative and legal framework for regulating relations in the field of culture
- The system of executive authorities in the field of health and social development
- The system of executive authorities in the field of state defense management
- The system of executive authorities in the field of security
- The system of executive authorities in the field of internal affairs
- The system of executive authorities in the field of justice
- The system of executive authorities in the field of foreign affairs
46. LIABILITY OF LEGAL ENTITIES
A special place in the system of administrative responsibility is occupied by the problem of administrative responsibility of legal entities. At present, it has not received a sufficiently acceptable interpretation in theory, since one of the signs of an administrative offense is guilt, understood as the mental state of a person (offender) to the consequences of his act, which, to put it mildly, is ambiguous in understanding this sign of an offense in relation to legal face.
As applied to legal entities, the term "administrative responsibility" is hardly correct. It would be appropriate to use the term "responsibility under administrative law" as a disciplinary and material liability under administrative law.
If the articles of sections I, III, IV, V of the Code of Administrative Offenses do not indicate that the norms established by these articles apply only to an individual or only to a legal entity, these norms are equally valid for both an individual and a legal entity, with the exception of cases, if the meaning of these rules relate to and can be applied only to an individual.
In case of various reorganizations legal entities are subject to administrative liability according to the following principles:
1. In the event of a merger of several legal entities, a newly emerged legal entity shall be held liable.
2. When a legal entity joins another legal entity, the merging legal entity shall be held liable.
3. When a legal entity is divided or when one or more legal entities are separated from the legal entity, the legal entity to which, according to the separation balance sheet, the rights and obligations on concluded transactions or property, in connection with which an administrative offense was committed, was transferred, is held liable.
4. When a legal entity of one type is transformed into a legal entity of another type, the newly emerged legal entity shall be held liable. That is, a change in the legal form does not relieve a legal entity from administrative responsibility.
Administrative liability arises regardless of whether the legal entity held liable was aware of the fact of the offense before the completion of the reorganization.
The transition to market relations, the formation of subjects of administrative law of various organizational and legal forms naturally revived the problem of liability of legal entities under administrative law in the form of a fine. In accordance with Art. 2.1 of the Code of Administrative Offenses, the imposition of an administrative penalty on a legal entity does not relieve the guilty individual from administrative responsibility for this offense, just as bringing an individual to administrative or criminal liability does not relieve the legal entity from administrative liability for this offense.
Author: Chetverikov V.S.
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