About the illegal administrative impact of law enforcement agencies on the activities of small and medium enterprise entities
Автор: Lyannay G.G.
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 3 (68), 2024 года.
Бесплатный доступ
The article discusses issues related to illegal pressure on small and medium-sized businesses. Law enforcement agencies, in particular internal affairs bodies (police), in order to increase the performance indicators of individual units and contrary to the current legislation defining the powers of the police to identify and document administrative offenses in the field of business activities, as well as in the absence of legal norms directly regulating the procedure for detection administrative offenses, many years of practice have created an informal system that allows law enforcement agencies to interfere in the activities of entrepreneurs, which negatively affects business development, generates distrust in authorities, and reduces entrepreneurial activity. At the same time, violations of the norms of administrative tort legislation are not taken into account by the judicial authorities when considering cases of administrative offenses, which increases the statistics of bringing entrepreneurs to justice, contributes to the cessation of the activities of trade enterprises, public catering, and the provision of services to the population, and therefore destroys one of the elements of the system formation of the country's budget. The legal initiative to exclude from the powers of internal affairs bodies the initiation of cases of administrative offenses in the field of business activity under many articles of the Code of Administrative Offenses of the Russian Federation was subjected to consideration, which, in the author’s opinion, can significantly reduce the level of negative administrative impact on business and reduce the control and supervisory burden. The author gives an example of illegal interference of law enforcement entities in the activities of a commercial enterprise, explores the reasons for the illegal actions of law enforcement agencies, as a result of which he draws conclusions. The methodological basis of the study was made up of general and specific scientific methods of cognition, as well as other methods: the study of regulations, judicial practice, previously published scientific works on this topic.
Control and supervisory activities, administrative measures, small and medium-sized businesses, entrepreneurial activity, police
Короткий адрес: https://sciup.org/140306082
IDR: 140306082 | DOI: 10.52068/2304-9839_2024_68_3_49