On the differentiation of the composition of administrative offenses provided for in part 4 of article 14.13 and article 14.14 of the Administrative Code of the Russian Federation
Автор: Nazarenko R.M.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Административное право и процесс
Статья в выпуске: 2 (33), 2022 года.
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The article highlights situations that have a different nature and determine the complexity of the qualification of administrative offenses that have contiguous structures with both other administrative offenses and crimes. The most significant circumstances that have a negative impact on the process of qualification of administrative torts are the lack of proven practice on newly established related offenses, competition of material norms within administrative-tort legislation and their insufficiently clear delineation from the norms of criminal legislation, insufficiently high-quality technical and legal consolidation of signs related compositions. The related structures of administrative offenses provided for by Part 4 of Art. 14.13 and Art. 14.14 of the Code of Administrative Offenses of the Russian Federation, causing difficulties when considering this category of cases by judges of arbitration courts. The opinions of representatives of the science of administrative law, which characterize the ratio and differentiation of the analyzed compositions of administrative offenses in different ways, are analyzed, the position of the Arbitration Court of the Krasnodar Territory on cases of administrative offenses related to unlawful actions in bankruptcy is presented. Contains proposals aimed at the formation of a uniform judicial practice in the considered category of cases of administrative offenses.
Administrative liability of legal entities, administrative offenses in the field of entrepreneurial activity, related elements of administrative offenses, proceedings on cases of administrative offenses, arbitration courts, judicial practice
Короткий адрес: https://sciup.org/14124281
IDR: 14124281