The position of the courts in assessing the circumstances mitigating and aggravating the administrative responsibility of the arbitration manager

The subject of the study is law enforcement practice in cases containing circumstances mitigating and aggravating administrative liability, the list of which is not exhaustive. In this regard, new circumstances are revealed, compared with those fixed in Articles 4.2, 4.3 of the Administrative Code of the Russian Federation, which are taken into account by the courts when making a decision. The situations are considered when the established circumstances allow judges to assess the recurrence of a homogeneous offense as an aggravating circumstance according to Part 2 of Article 4.3 of the Administrative Code of the Russian Federation, despite the fact that in accordance with Part 3.1 of Article 14.13 of the Administrative Code of the Russian Federation, the repeated commission of a homogeneous offense is a qualifying feature. The urgency of the task facing the court of a legitimate assessment of circumstances in determining the type of administrative punishment is emphasized.