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What entails administrative responsibility. The action of the criminal law in time, in space, in the circle of persons Criminal law operates in time, in space and in the circle of persons

Administrative responsibility is a punishment for an offense that has a lower degree of danger compared to a crime. In this case, legal sanctions are carried out either by the authorized bodies. Exists different kinds administrative responsibility, which pursue different goals from each other.

Let's consider all of them:

  1. Penalty or repressive punitive system. It involves the punishment of the person who committed the offense. Prevents new actions against the law.
  2. Preventive or educational system. Responsible for fostering respect for laws and motives for obeying them.
  3. Compensatory or remedial system. Responsible for the restoration of the disturbed order and the elimination of harm received by the person against whom the offense was committed.

All types of administrative responsibility are characterized by the following features:

  1. Legal sanctions and punitive measures are carried out through the appropriate authorities, that is administrative responsibility constitutes government coercion.
  2. Legal sanctions are subject to fairness. They are applied on the basis of established legal norms.
  3. Negative liability is assumed, that is, the offender falls into unfavourable conditions... Positive commitments include, for example, the responsibility of the chief accountant to do meaningful work.
  4. Administrative liability entails unfavorable conditions and hardships for the offenders. Not only punishment is assumed, but state censure.
  5. This implies the final assessment of the violator of the law.

All types of administrative responsibility are also characterized by the fact that they have certain grounds. In particular, these are:

  1. Normative basis. Assumes the presence of prohibitions established by law.
  2. Actual basis. Implies that there is a violation of the law. In this case, the case must contain the composition of the administrative wrongful act... It is also assumed that the violation of the law is supported by evidence.
  3. Procedural basis. It assumes the issuance of a law enforcement act by the relevant authority.

All types of administrative responsibility meet the following principles:

  1. Legality. It implies that the person who committed the offense is punished in accordance with established legal norms.
  2. Feasibility. Assumes compliance with the measures of influence chosen in relation to the offender.
  3. Inevitability. Implies that every offender must be punished.
  4. Timeliness. Prompt response to the committed offense is assumed.
  5. Justice. Assumes that the punishment is consistent with the severity of the violation of the law.
  6. Addition of imposed penalties. If a person has committed several administrative violations, the punishment follows only for the most severe of them if the case is being considered by the same body. In other cases, punitive measures for the crime of law are imposed separately.
  7. Humanism. Taking into account the personal characteristics of both the victim and the offender.
  8. Publicity. All measures of administrative responsibility assume that the consideration of the case and the issuance of the final verdict will take place with the participation of the public. This principle implies certain educational methods of influencing the offender.

And responsibility for them is very relevant, and not only in terms of the application to legal entities and officials, but also to ordinary citizens. Suffice it to cite an example that now almost every person owns a car, but a significant share of administrative offenses concerns precisely the observance of traffic rules on the road.

This is one of the reasons why it is worth paying attention to the question of what administrative responsibility and what sanctions are provided for violation of the provisions of the Code of Administrative Offenses of the Russian Federation. As you know, ignorance of the law is not an excuse. Civil and administrative responsibility is something we face almost every day. Particular attention should be paid to such a concept as the limitation of administrative responsibility, terms always play an important and sometimes decisive role.

The concept of administrative responsibility and its main features

Before talking about procedural terms, fines and other sanctions, it is necessary to understand the essence of administrative responsibility. It lies in the fact that the authorities or apply an administrative penalty against the person who committed the offense. It has features that are characteristic of legal liability in general. But, in addition, it has specific, special features:

  1. The procedure for bringing to administrative responsibility, as a rule, is mostly of an extrajudicial nature, that is, the punishment is imposed by persons holding positions in government bodies the executive branch of the Russian Federation.
  2. Punishment for offenders is imposed by officials who are not subordinate to them. This is the difference between administrative responsibility and disciplinary responsibility. Since with the latter, the offender, as a rule, is directly subordinate to the official who imposes penalties.
  3. Bringing to administrative responsibility does not lead to a conviction for a person who has decided on a wrongful act.
  4. An essential feature is the fact that not only individuals, but also legal entities can be involved.
  5. Bringing to administrative responsibility occurs for acts that are not as dangerous as crimes. For example, offenses that infringe on sanitary and epidemiological standards concerning the well-being of the population and their health, as well as in the field of traffic safety on the road, in construction, etc. Consequently, the penalties are less severe than for criminal offenses.
  6. An administrative responsibility of the Code of Administrative Offenses RF and Federal laws of the constituent entities of the RF, which are adopted in accordance with it.

Administrative offense: what is it?

Administrative offense and administrative responsibility are two closely interrelated concepts. The first is invariably the basis for the second and entails its offensive. In the scientific literature, an administrative offense is understood as an action (guilty inaction) of legal entities and individuals, which is illegal and for which Administrative Code of the Russian Federation or the laws adopted by its subjects establish administrative responsibility.

As you know, action and inaction are two sides of a wrongful act. The first is understood as an active, deliberate violation of the established norm or failure to fulfill any obligation prescribed in the law of the Russian Federation. Inaction presupposes indifference, failure to fulfill the duties assigned to the person.

For example, the following situation: some organization or individual entrepreneur opens a bank account. But he does not present a certificate of registration with the tax office. This is a violation of the law by a bank official, provided for articles of the Code of Administrative Offenses RF (15.7).

Signs of an unlawful administrative act

In total, it is customary to distinguish three features:

  • the wrongfulness of the act, which means a mandatory violation of any rule of law;
  • guilt, this sign suggests the presence of intent or negligence in the commission of a wrongful act; in the first case, the person understands and realizes the nature of his actions that are contrary to the law and foresees the onset of harmful consequences and wants this or consciously admits them, or is indifferent to what is happening (for example, the driver's passage to a red light); in case of negligence, a person realizes the possibility, but naively and arrogantly counts on their prevention; intent can be direct or indirect, the most elementary example in the first case is the misuse of funds from the budget;
  • the punishability of the act lies in the fact that administrative responsibility is provided for and established by the laws of the subjects of Russia or the Code of Administrative Offenses for the committed unlawful act.

Composition of an administrative offense

This term is understood as a set of signs, the presence of which characterizes a specific act as an administrative offense. And administrative responsibility for it is provided for by the Code of Administrative Offenses of the Russian Federation. Compositional characteristics of the same type form its elements. These include:

  1. The object is always social relations, regulated exclusively by the norms of law, not only administrative, but also environmental, financial, tax, labor, land and other industries, administrative responsibility occurs for their violation.
  2. The objective side is expressed in the system of signs provided for by the rules of law, which determine the external manifestation of offenses (action or inaction and the resulting dangerous consequences). For example, a violation by a driver of traffic rules can be expressed in various acts: overtaking, driving through a red light, etc. In this case, there may be consequences dangerous for society, for example, the formation emergency on the road, committing a traffic accident, threatening other drivers.
  3. A subject is a legal entity or one that is sane and has reached the age of sixteen. It is from this age that it is permissible to bring a person to administrative responsibility. The subject can be general (any person) or special, for example, a driver, officials and special - military personnel. For different categories of this element of the offense, different sanctions may be provided under the same article of the Administrative Code of the Russian Federation. The situation with servicemen serves as a direct example; in most cases, they bear administrative responsibility not on a general basis.
  4. The subjective side characterizes the person's perception of the illegal act committed by him and its consequences. A mandatory feature of this element of the composition is the presence of guilt, which can be in the form of intent or through negligence. Various structures of administrative offenses are characterized by optional features of the subjective side, they include motive and purpose. The first term is understood as what pushes a person to commit an offense. And the goal is his idea of ​​the final desired result, to which he aspired.

The elements of the composition of an illegal act are the same regardless of what kind of liability (administrative, criminal) is provided for.

The concept and types of administrative punishments

An administrative penalty is understood as a measure of responsibility established by the state for committing an offense prescribed in the Code of Administrative Offenses of the Russian Federation and used to prevent the commission of new violations.

At the moment, the Code of Administrative Offenses of the Russian Federation approves such types of punishments as:

  • a warning, in other words, an official censure, issued in writing;
  • (the most common measure, which is provided for by most of the articles of the Code of Administrative Offenses of the Russian Federation and, as practice shows, the most effective);
  • confiscation (or repayable seizure) of the instrument or the subject of the offense;
  • deprivation of the right, which was specially granted to individuals;
  • administrative arrest;
  • expulsion of a citizen of a foreign state or a person who does not have citizenship from the Russian Federation;
  • disqualification;
  • administrative suspension of activities.

Most of the penalties listed are under the exclusive jurisdiction of judges.

This issue is provided for by domestic legislation, it deals with the issuance of a decision in cases of an administrative offense, for which a period of no more than two months is given, calculated from the moment of its commission. Such is general order bringing to administrative responsibility. But, as you know, each rule has exceptions, all of them are specified in the Code of Administrative Offenses of the Russian Federation, part one of Article 4.5. For example, this is a violation of copyright and related rights, about internal sea ​​waters, about the exceptional economic zone and others, the limitation period for bringing to administrative responsibility for them is one year.

The Code of Administrative Offenses of the Russian Federation allows only one case when given time may be suspended. This is a situation when the person, in respect of whom the proceedings are being conducted, submits a petition (in writing) to consider the case directly at his place of residence and the authorized bodies satisfy him. The term is suspended from the moment when the decision to satisfy the petition is made and until the time when the materials on the case are received by the judge, the official authorized to consider these materials. Thus, the time of sending documents is not included in the limitation period of administrative responsibility.

Release from administrative liability

This situation is possible in three cases:

  1. The insignificance of the act is one of the main factors for the removal of administrative responsibility. The signs of the subjective and objective side are taken into account, mitigating and This issue is decided by the official, body or judge who is authorized to consider this case. They can make a remark orally, which will not entail legal consequences.
  2. The second option is to replace with another type of punishment, for example, disciplinary liability.
  3. Other grounds. In particular, if the offense was committed by a person aged sixteen to of legal age, a special commission can make a decision on exemption from administrative responsibility and resort to measures of influence provided for by federal legislation protecting the rights of minors.

The procedure for bringing to administrative responsibility: procedural terms

The question of procedural timeframes has special meaning and importance. Every citizen should know and remember this, as well as the statute of limitations for administrative liability, especially since in life almost everyone encounters the articles of the Code of Administrative Offenses of the Russian Federation.

The first thing you need to know is that within three days the protocol drawn up on the commission administrative offense, must be transferred to the person or bodies authorized to consider it, as stated in the Code of Administrative Offenses of the Russian Federation (Article 28.8). If any errors are found in it, then a period not exceeding 72 hours is given to eliminate them.

After considering the issue, a decision is made. For consideration of the case authorized bodies the term is given up to 2 months, the judge - up to three. The resolution is announced immediately.

Its in mandatory sent to the one who drew up the protocol, no later than three days from the date of issue.

It is important to remember that the decision to impose an administrative penalty is not executed if it has not been done within two years.

Appealing against a resolution on an administrative offense

Very often, especially in matters involving road traffic and the rules of its violation, court decisions will be appealed. If it is made by a judge, then the complaint must be written to a higher court. It contains complete data (full name, registration address and actual residence, phone number). Further, they describe the current situation, arguing in detail the reasons for disagreement with the decision and referring to Art. 30.1-30.8 of the Code of Administrative Offenses of the Russian Federation are asked to cancel it. The complaint should be accompanied by evidence confirming all the circumstances described. The deadline for submission is ten days. If it is missed, then, if there are valid reasons (illness, difficult life situation), you can write a petition for its restoration. The complaint must be reviewed within 10 days.

Legal entities and persons holding public office: bringing to administrative responsibility

The procedure for bringing to administrative responsibility is regulated by the Code of Administrative Offenses of the Russian Federation, the norms of which establish a very significant number of offenses and responsibility for their commission, which is assigned to legal entities. In mathematical expression, this figure is 58% of the total number of articles of the Special Part of the Administrative Code. Bringing to administrative responsibility may entail the imposition of penalties, which can reach a fairly impressive amount, the confiscation of the instrument that committed the offense, and the suspension of activities for up to 90 days. The Code of Administrative Offenses of the Russian Federation says that a legal entity will be found guilty of committing an administrative offense if it is established that it had the ability to comply with the rules and regulations established by law, but all measures depending on it were not taken to comply with them.

In addition, the legislation separately notes the administrative responsibility of officials, the involvement of which is carried out in the event of an offense in connection with improper performance or simply dereliction of duty. Officials are understood as persons who are authorized by the state to carry out the function of representatives of the authorities (permanently or on a temporary basis). These also, according to the law, include citizens who are engaged in entrepreneurial activity, but not registered as a legal entity. Administrative violations and administrative responsibility of officials is provided for in more than 2/3 articles of the Code of Administrative Offenses of the Russian Federation (Special Part).

  • CHAPTER 7 GENERAL PROCEDURE IN CASE OF ADMINISTRATIVE OFFENSES
  • CHAPTER 2 SUBJECTS OF CIVIL RELATIONSHIP. FEATURES OF THE LEGAL STATUS OF A MEDICAL INSTITUTION
  • CHAPTER 3 OBJECTS OF CIVIL RIGHTS. INFORMATION AS A SPECIAL OBJECT OF CIVIL RELATIONSHIP. LEGAL ASPECTS OF SECRET PROTECTION
  • CHAPTER 4 WAYS OF CIVIL RIGHTS PROTECTION. COMPENSATION FOR DAMAGE CAUSED TO LIFE AND HEALTH BY IMPROPER PROVISION OF MEDICAL CARE
  • CHAPTER 5 TRANSACTIONS AND REPRESENTATION. DEFINITION AND SCOPE OF PRESENCE
  • CHAPTER 7 GENERAL PROVISIONS OF OBLIGATIONS. CIVIL CONTRACT. AGREEMENT FOR THE REFUNDABLE PROVISION OF MEDICAL SERVICES
  • CHAPTER 8 CONCEPT OF INHERITANCE. WILL AND PROCEDURE FOR PARTICIPATION OF MEDICAL WORKERS IN ITS LEGAL REGISTRATION
  • CHAPTER 9 LEGAL REGULATION OF RELATIONS RELATED TO THE RIGHTS TO THE RESULTS OF INTELLECTUAL ACTIVITIES
  • CHAPTER 10 BASIC BEGINNINGS OF FAMILY LAW. LEGAL REGIME OF ADOPTION. LEGAL ASPECTS OF MEDICAL ACTIVITIES ON FAMILY PLANNING AND REGULATION OF HUMAN REPRODUCTIVE FUNCTIONS
  • CHAPTER 2 TAX SYSTEM OF THE RUSSIAN FEDERATION. LIABILITY FOR TAX OFFENSES
  • CHAPTER 2 MEDICAL WORKERS AS A SUBJECT OF LABOR LAW. SOCIAL PARTNERSHIP. COLLECTIVE AGREEMENT
  • CHAPTER 3 EMPLOYMENT CONTRACT. ORDER OF ITS CONCLUSION AND TERMINATION
  • CHAPTER 4 HOURS OF WORK AND REST OF HEALTH CARE WORKERS
  • CHAPTER 5 PAYMENT FOR LABOR OF MEDICAL WORKERS. POSITIONAL SALARIES AND SINGLE RATE SCHEDULE
  • CHAPTER 6 DISCIPLINE OF LABOR. DISCIPLINARY AND MATERIAL LIABILITY OF HEALTH CARE WORKERS
  • CHAPTER 7 SOCIAL SECURITY RIGHTS OF HEALTH WORKERS
  • CHAPTER 2 ENVIRONMENTAL OFFENSES AND LEGAL LIABILITY
  • CHAPTER 2 DEFINITION OF CRIME IN RUSSIAN CRIMINAL LAW
  • CHAPTER 4 CIRCUMSTANCES EXCLUDING THE CRIMINAL ACTIVITY
  • CHAPTER 7 MAIN TYPES OF CRIMES. STRUCTURE OF A SPECIAL PART OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
  • SECTION IX FUNDAMENTALS OF PROCEDURAL LAW CHAPTER 1 CRIMINAL PROCEDURE
  • SECTION X MEDICAL LAW CHAPTER 1 MEDICAL LAW AS A BRANCH OF LAW, LEGISLATION, SCIENCE AND EDUCATIONAL DISCIPLINE
  • CHAPTER 5 LEGAL REGULATION OF SEPARATE TYPES OF MEDICAL ACTIVITIES
  • CHAPTER 6 LEGAL REGULATION OF MEDICINAL PRODUCTS
  • CHAPTER 7 OFFENSES IN MEDICINE AND HEALTHCARE AND LEGAL LIABILITY
  • CHAPTER 8 CRIMINAL LIABILITY FOR PROFESSIONAL OFFENSES IN MEDICAL ACTIVITIES. THE PROBLEM OF A MEDICAL ERROR
  • CHAPTER 9 OFFENSES IN HEALTHCARE
  • CHAPTER 10 FORENSIC MEDICAL EXAMINATION IN CASES OF PROFESSIONAL AND OFFICIAL OFFENSES OF MEDICAL WORKERS
  • CHAPTER 11 PREVENTION OF PROFESSIONAL AND OFFENSE OFFENSES OF MEDICAL PROFESSIONALS
  • BASIS OF THE LEGISLATION OF THE RUSSIAN FEDERATION ON THE PROTECTION OF THE HEALTH OF CITIZENS OF JULY 22, 1993? 5487-1
  • THE CODE OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSES OF DECEMBER 30, 2001? 195-FZ
  • LABOR CODE OF THE RUSSIAN FEDERATION OF DECEMBER 30, 2001? 197-FZ
  • FEDERAL LAW OF JUNE 18, 2001? 77-FZ ON PREVENTING THE SPREAD OF TUBERCULOSIS IN THE RUSSIAN FEDERATION; (WITH CHANGES AND ADDITIONS)
  • FEDERAL LAW OF JANUARY 2, 2000? 29-FZ ON QUALITY AND SAFETY OF FOOD PRODUCTS; (WITH CHANGES AND ADDITIONS)
  • FEDERAL LAW OF MARCH 30, 1999? 52-FZ ON SANITARY AND EPIDEMIOLOGICAL WELL-BEING OF THE POPULATION; (WITH CHANGES AND ADDITIONS)
  • FEDERAL LAW OF JANUARY 8, 1998? 3-FZ ON NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES; (WITH CHANGES AND ADDITIONS)
  • FEDERAL LAW OF SEPTEMBER 17, 1998? 157-FZ ON IMMUNOPROPHYLAXIS OF INFECTIOUS DISEASES; (WITH CHANGES AND ADDITIONS)
  • FEDERAL LAW OF JUNE 22, 1998? 86-FZ ON DRUGS; (WITH CHANGES AND ADDITIONS)
  • FEDERAL LAW OF FEB 23, 1995? 26-FZ ON NATURAL HEALING RESOURCES, HEALTH AND HEALTH LOCATIONS AND RESORTS; (WITH CHANGES AND ADDITIONS)
  • THE LAW OF THE RF OF JUNE 9, 1993? 5142-I ABOUT THE DONOR OF BLOOD AND ITS COMPONENTS; (WITH CHANGES AND ADDITIONS)
  • THE LAW OF THE RF OF DECEMBER 22, 1992? 4180-I ABOUT TRANSPLANTATION OF ORGANS AND (OR) HUMAN TISSUES; (WITH CHANGES AND ADDITIONS)
  • THE LAW OF THE RF OF JULY 2, 1992? 3185-I ABOUT PSYCHIATRIC CARE AND GUARANTEES OF THE RIGHTS OF CITIZENS WHEN IT IS PROVIDED;
  • THE LAW OF THE RF OF JUNE 28, 1991? 1499-I ON HEALTH INSURANCE OF CITIZENS IN THE RUSSIAN FEDERATION; (WITH CHANGES AND ADDITIONS)
  • GUIDELINES FOR PROVIDING A PEDAGOGICAL PROCESS IN MEDICAL LAW (PRACTICE) INTRODUCTION
  • CHAPTER 1 WORKING PROGRAM ON THE EDUCATIONAL DISCIPLINE MEDICAL LAW; (PLANS AND METHODS OF CONDUCTING LECTURES AND SEMINARS)
  • CHAPTER 3 TESTS AND SITUATION TASKS - THE MOST IMPORTANT ELEMENT OF STUDENT KNOWLEDGE CONTROL
  • CHAPTER 4 BASIC TERMS AND CONCEPTS IN THE SPHERE OF MEDICAL LAW (GLOSSARY)
  • LIST OF REGULATORY LEGAL ACTS AND RECOMMENDED LITERATURE
  • CHAPTER 4 BASIS AND PROCEDURE FOR INVOLVEMENT TO ADMINISTRATIVE RESPONSIBILITY

    The only basis for the onset of administrative responsibility is the commission administrative offense, under which an unlawful, guilty act (inaction) of an individual or legal entity is recognized, for which administrative responsibility is established by the Code of Administrative Offenses or the laws of the constituent entities of the Russian Federation (Article 2.1 of the Code of Administrative Offenses of the Russian Federation). An administrative offense must have all

    listed legal features(wrongfulness, guilt) and its composition must include the elements provided for by the rule of law (object, objective side, subject, subjective side).

    Objectan administrative offense is a set of social relations, which are aimed at illegal actions (inaction). These can be human and civil rights and freedoms; health of citizens; sanitary and epidemiological welfare of the population; public morality; environment; the established procedure for the exercise of state power; public order, legitimate economic interests of individuals and legal entities, society and the state, etc.

    Objective side an administrative offense consists in a specific action (inaction) of a person who has violated an established rule and, in connection with this, entails administrative responsibility provided for by law; the objective side also includes the method, place, time, instruments and means of committing an offense and other circumstances.

    By the subjectoffense is the one who committed an administrative offense - individuals and legal entities. The Code of Administrative Offenses of the Russian Federation provides for the possibility of administrative liability only for persons who have reached the age of 16. Failure to reach natural person at the time of the commission of unlawful acts of the age required by law, excludes the proceedings on the case or leads it to termination. At the same time, providing for the responsibility of citizens for administrative offenses from the age of 16, the Code establishes a number of additional guarantees for them. Thus, administrative arrest cannot be applied to juvenile offenders under the age of 18 (part 2 of article 3.9 of the Code of Administrative Offenses of the Russian Federation); minority is a mitigating circumstance

    (Clause 4, Part 1, Article 4.2 of the Administrative Code of the Russian Federation).

    Subjective side an administrative offense is expressed in guilt. Totally agree guilty illegal action (inaction) occurs legal responsibility... The law provides for two forms of guilt of an administrative offense: intent and negligence (Article 2.2 of the Administrative Code of the Russian Federation). So, an administrative offense is recognized as committed intentionally if the person who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and wished for such consequences to occur or deliberately allowed them (direct intent) or treated them indifferently (indirect intent). The content of careless guilt also consists of two elements: frivolity is a person's foresight of the possibility of the occurrence of harmful consequences of his action or inaction, combined with a presumptuous calculation to prevent them, and negligence is the failure to foresee such a possibility, provided that the person should and could have foreseen the occurrence of these in the law of consequences.

    Administrative penalty is a measure of responsibility applied for committing an administrative offense. It is a form of state and a kind of administrative coercion and is a legal assessment of an action (action or inaction) of an administrative offense.

    Administrative punishment for an individual should be applied within the limits of civilized standards, should not be aimed at humiliating human dignity and causing physical suffering to a person. These guidelines are consistent with the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which entered into force in 1987, as well as the European Convention for the Protection human rights and fundamental freedoms.

    An administrative penalty applied to a legal entity should not be aimed at damaging its business reputation.

    Article 3.2 of the Code of Administrative Offenses of the Russian Federation systematized types of administrative penalties that can be established and applied to persons who have committed an administrative offense.

    Administrative penalties subdivided into two main groups: basic and additional.

    The main ones are those administrative punishments that cannot be imposed in addition to other types of administrative punishments. Thus, a warning, an administrative fine, deprivation of a special right, administrative arrest, disqualification and administrative suspension of activities can be established and applied only as the main ones.

    The rest of the administrative punishments (compensated seizure of the instrument of committing or the subject of an administrative offense, confiscation of the instrument of committing or the subject of an administrative offense, as well as administrative expulsion from the Russian Federation of a foreign citizen or stateless person) can be applied both as main and as additional penalties, enhancing the impact potential of the main punishment. At the same time, an additional punishment can be imposed by a judge, body, or official considering the case only if this punishment is provided for in the sanction of the applicable article of the Special Part of the Code of Administrative Offenses of the Russian Federation.

    It should be noted that the list of these administrative punishments is closed, exhaustive, since the determination of the types of administrative punishments is the prerogative of only the federal legislator, i.e. the list of types of administrative penalties can be changed only by amending art. 3.2 of the Administrative Code of the Russian Federation in the prescribed manner.

    Thus, currently can be applied the following types administrative penalties:

    A warning(Article 3.4 of the Administrative Offenses Code of the Russian Federation) - a measure of administrative punishment expressed in the official censure of an individual or legal entity. Most often, a warning is provided for in sanctions, alternatively with an administrative fine.

    The warning must be in writing. It applies mainly to persons guilty of committing minor administrative offenses (for example, driving a vehicle by a driver who does not have the documents provided for by the Traffic Regulations, Art.

    12.3 of the Administrative Code of the Russian Federation).

    Application of a warning, as well as other administrative punishment, entails appropriate legal implications... In particular, a person who has been assigned this administrative punishment is considered to have been subjected to this punishment within 1 year from the date of completion of the execution of the order on the appointment of a warning. If, within a year, such a person commits a new administrative offense, a more severe administrative penalty may be applied to him.

    Administrative penalty (Article 3.5 of the Administrative Offenses Code of the Russian Federation) - the most common type of administrative punishment; it is a monetary recovery from the offender of a certain amount, established in a specific composition of an administrative offense. The main indicator of legal restrictions that make up the content of this type of punishment is the size of the administrative fine.

    In this regard, an administrative fine can be expressed in a multiple, for example, minimum size wages (excluding regional coefficients) established by federal law at the time of termination or suppression of an administrative offense; the cost of the subject of an administrative offense at the time of the end or suppression of an administrative offense; the amount of unpaid and payable at the time of the end or suppression of an administrative offense of taxes, fees or customs duties, etc.

    Paid seizure of the instrument of committing or the subject of an administrative offense (Article 3.6 of the Administrative Offenses Code of the Russian Federation) is a measure of administrative responsibility property nature and can only be applied to the owner of items that were used as instruments of committing or were the subject of an administrative offense. Thus, items and tools that are not the property of the offender are not subject to seizure.

    Compensated seizure of the instrument of committing or the subject of an administrative offense is their compulsory seizure and subsequent implementation with the transfer former owner the proceeds less the costs of selling the seized item.

    Paid seizure of the specified tools and items in accordance with the requirements of Art. 35 of the Constitution of the Russian Federation (according to which no one can be deprived of their property except by a court decision) can only be appointed by a judge (for example, in case of violation

    the rules for storing, carrying or destroying weapons and ammunition for it by citizens or violating the rules for collecting or exhibiting weapons and cartridges for it - parts 2, 3 of Art. 20.8 of the Administrative Code of the Russian Federation).

    At the same time, the legislator establishes some restrictions on the application of this type of punishment. Thus, the onerous seizure of hunting weapons, ammunition and other permitted hunting or fishing gear cannot be applied to persons for whom hunting or fishing is the main legal source of livelihood.

    Confiscation of the instrument of committing or the subject of an administrative offense (Article 3.7 of the Code of Administrative Offenses of the Russian Federation) consists in the compulsory gratuitous treatment of items not withdrawn from circulation into federal property or into the property of a constituent entity of the Russian Federation.

    Confiscation is imposed only by a court decision and can be established only in cases directly specified in the Code of Administrative Offenses of the Russian Federation on liability for a specific administrative offense (for example, for carrying out entrepreneurial activities without a special permit (license), if such a permit (such license) is mandatory (mandatory ) - part 2 of article 14 of the Code of Administrative Offenses of the Russian Federation).

    The Code defines some categories of persons to whom this type of administrative punishment cannot be applied. Thus, the confiscation of hunting weapons, ammunition and other permitted hunting or fishing gear cannot be applied to persons for whom hunting or fishing is the main legal source of livelihood.

    Deprivation special law (Article 3.8 of the Code of Administrative Offenses of the Russian Federation) lies in the fact that within a certain period, this person is prohibited from using the right previously granted to him. This type of punishment is established exclusively by a judge for a gross or systematic violation of the procedure for exercising this right in cases where provided for in Articles Special part of the Code of Administrative Offenses of the Russian Federation). Currently appointed: deprivation of the right to drive vehicles, self-propelled vehicles or other types of equipment (Art. 9.3); deprivation of the right to navigate a ship on a maritime, inland water transport, a small vessel (Art. 11.7 and others); car control vehicles(Art. 12.8, etc.), etc.

    The term of deprivation of a special right cannot be less than 1 month and more than 2 years. However, the law provides for certain restrictions in the imposition of punishment in the form of deprivation of a special right. Thus, deprivation of the right to drive a vehicle cannot be applied to a person who uses a vehicle due to disability, except for cases of driving in a state of intoxication, avoiding passing in the prescribed manner medical examination to the state of intoxication, as well as the abandonment of the specified person in violation of the established rules of the place of a road traffic accident (RTA), of which he was a participant.

    Administrative arrest (Article 3.9 of the Administrative Code of the Russian Federation) is one of the most severe punishments imposed by the court only in exceptional cases for certain types administrative offenses. In particular, this punishment appears in the sanctions of articles on responsibility for failure to comply with a lawful order of a judge to terminate actions that violate the rules established in the court (Article 17.3); disobedience legal requirement a serviceman in connection with the performance of his duties to protect the state border of the Russian Federation (Art. 18.7); disobedience to a lawful order of a police officer or an employee of the penal system (Article 19.3); petty hooliganism(violation of public order, expressing clear disrespect for society, accompanied by obscene language in public places, insulting harassment of citizens, as well as destruction or damage to other people's property - Art.20.1).

    An administrative arrest is concluded in keeping the offender in isolation from society and is established for a period of up to 15 days, and for violation of the requirements of the state of emergency or the legal regime of a counterterrorist operation - up to 30 days.

    This type of punishment cannot be applied to pregnant women, women with children under the age of 14, persons under the age of 18, disabled persons of groups I and II, military personnel, citizens called up for military training, as well as to those who have special titles employees of internal affairs bodies, bodies and institutions of the penal system, the State fire service, bodies for control over the circulation of narcotic drugs and psychotropic substances and customs authorities... All these circumstances must be confirmed by appropriate documents.

    Administrative expulsion from the Russian Federation of a foreign citizen or stateless person (Article 3.10 of the Code of Administrative Offenses of the Russian Federation) consists in the forced and controlled movement of a foreign citizen or stateless person outside the Russian Federation or in the controlled independent departure of such a person from the Russian Federation.

    It is established in relation to foreign citizens or stateless persons and is appointed by a judge, and in the case of committing foreign citizen or by a stateless person of an administrative offense upon entering the Russian Federation - by the relevant officials. Specific compositions of administrative offenses, for the commission of which the possibility of applying such punishment is provided, are contained, for example, in Art. 18.1 of the Administrative Code of the Russian Federation (part 2) - violation of the regime of the state border of the Russian Federation; in st. 18.8 - violation by a foreign citizen or stateless person of the rules of entry into the Russian Federation or the regime of stay (residence) in the Russian Federation, etc.

    Disqualification (Article 3.11 of the Administrative Offenses Code of the Russian Federation) is a new type of administrative punishment for domestic legislation on administrative offenses. At its core, disqualification is a restriction of the constitutional right to exercise

    the occurrence of entrepreneurial and other activities not prohibited by law (part 1 of article 34 of the Constitution of the Russian Federation) for gross or repeated abuse of this right.

    It consists in depriving an individual of the right to hold managerial positions in the executive management body of a legal entity, to be a member of the board of directors (supervisory board), to exercise entrepreneurial activity to manage a legal entity, as well as to manage a legal entity in other cases stipulated by the legislation of the Russian Federation. An administrative penalty in the form of disqualification is imposed by a judge for a period of 6 months to 3 years.

    This type of punishment is applied, for example, for violation of labor and labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense (Article 5.27 of the Code of Administrative Offenses of the Russian Federation); for fictitious or deliberate bankruptcy (Art. 14.12, etc.).

    Administrative suspension of activities (Article 3.12 of the Code of Administrative Offenses of the Russian Federation) consists in the temporary suspension (for up to 90 days) of the implementation of certain types of activities (work) or the provision of services by guilty individuals and legal entities.

    It is used in the event of a threat to the life or health of people, the occurrence of an epidemic, an epizootic, infection (clogging) of regulated objects with quarantine objects, the onset of a radiation accident or a man-made disaster, causing significant harm to the state or quality of the environment, or in the event of an administrative offense in the field of drug trafficking. drugs, psychotropic substances and their precursors, in the field of combating the legalization (laundering) of proceeds from crime, and the financing of terrorism (for example, in accordance with Article 6.3 of the Administrative Code of the Russian Federation, this type of punishment is applied for violation of legislation in the field of welfare of the population).

    Medical law: educational complex for universities / Sergeev Yu.D. - 2008 .-- 784 p.

  • SECTION I FOUNDATIONS OF THE THEORY OF STATE AND LAW CHAPTER 1 THEORY OF THE STATE
  • CHAPTER 2 THE CONSTITUTION OF THE RUSSIAN FEDERATION - THE BASIC LAW OF THE COUNTRY: ESSENCE, STRUCTURE AND LEGAL SIGNS
  • CHAPTER 4 CONSTITUTIONAL RIGHTS, FREEDOMS AND OBLIGATIONS OF HUMAN AND CITIZEN
  • CHAPTER 7 FEDERAL ASSEMBLY - PARLIAMENT OF THE RUSSIAN FEDERATION: COUNCIL OF FEDERATION AND STATE DUMA
  • CHAPTER 2 PUBLIC CIVIL SERVICE: CONCEPT AND PRINCIPLES
  • CHAPTER 3 GENERAL PRINCIPLES OF ORGANIZATION OF HEALTHCARE MANAGEMENT IN THE RUSSIAN FEDERATION
  • CHAPTER 4 BASIS AND PROCEDURE FOR INVOLVEMENT TO ADMINISTRATIVE RESPONSIBILITY
  • CHAPTER 5 ADMINISTRATIVE RESPONSIBILITY OF MEDICAL INSTITUTIONS AND MEDICAL WORKERS
  • CHAPTER 6 COMPETENCE OF BODIES EXERCISING STATE SUPERVISION IN THE SPHERE OF SANITARY AND EPIDEMIOLOGICAL WELL-BEING OF THE POPULATION, IN CONSIDERATION OF CASES OF ADMINISTRATIVE OFFENSES
  • In accordance with Art. 465 of the Labor Code of the Republic of Belarus (hereinafter referred to as the LC), legal entities and individuals guilty of violating labor legislation bear disciplinary, administrative, criminal and other liability in accordance with the law.

    According to sub. 7.18 cl. 7 of the Regulation on the Department state inspection Ministry of Labor and social protection Of the Republic of Belarus, approved by the Resolution of the Council of Ministers of the Republic of Belarus dated July 29, 2006 N 959 "Issues of the Ministry of Labor and Social Protection of the Republic of Belarus" in the functions of the Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus (Department of State Labor Inspection) includes, the procedure established by law, sanctions against employers, bringing to administrative responsibility employers' officials who have violated the legislation on labor and labor protection.

    State labor inspectors of the Department of State Labor Inspection bring to administrative responsibility legal entities and individuals guilty of violations of labor legislation and labor protection, as a rule, based on the results of planned and unscheduled inspections.

    So, according to the results of 2011, 804 individuals and 204 legal entities were brought to administrative responsibility in the form of a fine only by the Gomel Regional Department of the Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus. Sum administrative fines imposed on individuals amounted to 278.96 million rubles, and on legal entities - 200.16 million rubles.

    According to the Code of Administrative Offenses of the Republic of Belarus (hereinafter referred to as the Code of Administrative Offenses), an unlawful guilty person is recognized as an administrative offense, as well as characterized by other signs, envisaged by the Code of Administrative Offenses, action (action or inaction) for which administrative responsibility is established.

    Thus, proceeding from this definition prerequisites for bringing to administrative responsibility are the presence of a wrongful act, as well as the presence of a specific person's fault and other conditions provided for by the Administrative Code.

    In accordance with Art. 3.1 of the Administrative Code, the guilt of an individual is the mental attitude of an individual to an unlawful act committed by him, expressed in the form of intent or negligence. Only a sane natural person who has committed an unlawful act deliberately or through negligence can be found guilty of committing an administrative offense.

    In this case, the duty to prove the guilt of a person in violation of labor legislation or labor protection is imposed on the official conducting the administrative process. A person cannot be held administratively liable until his guilt in committing an offense is established.

    To bring the guilty person to administrative responsibility, in addition to the presence of his guilt, it is necessary that for this act administrative responsibility is provided in accordance with a specific article of the Special Part of the Administrative Code.

    A legal entity can be held administratively liable if the sanction articles of the Code of Administrative Offenses the liability of a legal entity for this offense is envisaged.

    According to Art. 3.5 of the Administrative Code, a legal entity is found guilty of committing an administrative offense if it is established that this legal entity did not comply with the norms (rules), for violation of which administrative responsibility is provided, and this person did not take all measures to comply with them.

    In accordance with Art. 3.23 of the Procedural Code of the Republic of Belarus on Administrative Offenses (hereinafter - PIKoAP) authorized officials of the Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus have the right to draw up protocols on administrative offenses for committing acts, liability for which is provided for in Articles 9.17, 9.18, parts 1 and 4 of Article 9.19, Articles 9.20, 9.25 of the Administrative Code.

    Part 1 of Art. 9.17 of the Administrative Code establishes administrative responsibility for violation of labor protection requirements contained in regulatory legal acts, including technical normative legal acts, by the employer, the person responsible for their observance, which entails the imposition of a fine in the amount of ten to fifty basic units, and on a legal entity - up to three hundred basic units. According to part 2 of the said article The same act, committed repeatedly within one year after the imposition of an administrative penalty for the same violation, shall entail the imposition of a fine in the amount of thirty to fifty basic units, and on a legal entity - from one hundred to four hundred basic units.

    Currently, the base amount is 35,000 rubles. Thus, the maximum amount of the fine under Part 1 of Art. 9.17 of the Administrative Code currently may amount to 1,750,000 rubles. for an official, and for an employer - 10,500,000 rubles. In addition, from April 1, 2012, the base amount will be 100,000 rubles, respectively, and the amount of fines imposed will increase significantly.

    A person brought to administrative responsibility or his representative may have a natural question: what determines the amount of the fine imposed in each specific case?

    First of all, it should be noted that the official conducting the administrative process is obliged to take all measures provided by law for a comprehensive, complete and objective investigation of the circumstances of the administrative offense, establishing both incriminating and justifying, both mitigating and aggravating circumstances, as well as other circumstances that are important for the correct resolution of the case, protection of rights and legitimate interests persons participating in the administrative process.

    All circumstances established in the course of conducting the administrative process that are essential for making a decision on the case must be recorded in the minutes.

    The person in respect of whom the administrative process is being conducted should be given the right to submit an explanation regarding the administrative offense. In this case, information about the circumstances that are significant for the case of an administrative offense, the person in respect of whom the administrative process is being conducted, has the right to report when drawing up the protocol on the administrative offense.

    When imposing an administrative penalty, the nature of the committed administrative offense, the circumstances of its commission and the personality of the individual who committed the administrative offense, the degree of his guilt, the nature and amount of harm caused to him, the property status, as well as circumstances mitigating or aggravating administrative responsibility are taken into account. When a fine is imposed on a legal entity, its financial and economic situation is also taken into account.

    The circumstances mitigating the administrative responsibility of the person in respect of whom the administrative process is being conducted include:

    • sincere remorse of an individual who has committed an administrative offense;
    • prevention by the person who committed an administrative offense of the harmful consequences of such an offense;
    • voluntary refund or the elimination of the harm caused or the fulfillment of the obligation imposed on the person, for the failure to fulfill which an administrative penalty is imposed;
    • the presence of a minor child dependent on an individual who has committed an administrative offense;
    • committing an administrative offense due to the confluence of difficult personal, family or other circumstances;
    • committing an administrative offense under the influence of a threat or coercion, or by virtue of material, service or other dependence;
    • commission of an administrative offense by a minor or a person who has reached seventy years of age;
    • commission of an administrative offense by a pregnant woman.

    It should be noted that the above list is not exhaustive and the official conducting the administrative process may recognize other circumstances as mitigating administrative responsibility.

    The circumstances aggravating administrative responsibility include:

    • continuation of the unlawful act, despite the demand to stop it;
    • repeated commission of an administrative offense;
    • involvement of a minor in an administrative offense;
    • the commission of an administrative offense by a group of persons, that is, by at least two individuals who jointly participated in its commission as perpetrators;
    • committing an administrative offense in a natural disaster or other emergency;
    • committing an administrative offense based on racial, ethnic or religious hatred;
    • committing an administrative offense against a woman whose pregnancy is known to an individual who has committed an administrative offense;
    • committing an administrative offense with the use of a person, knowingly for an individual who has committed an administrative offense, suffering mental illness or dementia;
    • committing an administrative offense while intoxicated or in a state caused by the consumption of narcotic drugs, psychotropic, toxic or other intoxicating substances;
    • the commission of an administrative offense by an official in connection with the performance of official duties;
    • committing an administrative offense against a knowingly minor, elderly person or a person in a helpless state.

    At the same time, the list of grounds aggravating administrative responsibility is exhaustive and the official conducting the administrative process cannot recognize another circumstance as aggravating.

    Depending on the nature of the administrative offense, the official conducting the administrative process may not recognize the above circumstances as aggravating administrative responsibility.

    Article 9.18 of the Administrative Code provides for administrative liability in the form of a fine for violation of legislation in the field of collective labor relations.

    It should be noted that for the period since the entry into force of the Code of Administrative Offenses (March 1, 2007) cases of administrative offenses, liability for which is provided for in accordance with Art. 9.18 of the Administrative Code, the Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus were not considered.

    Part 1 of Art. 9.19 of the Administrative Code provides for the imposition of a fine in the amount of four to twenty basic units, and on a legal entity - up to one hundred basic units for violation by the employer or an authorized official of the employer of the procedure and terms of payment wages.

    For offenses for which liability is provided in accordance with Part 1 of Art. 9.19 of the Code of Administrative Offenses also includes violations of the deadline for the payment of all amounts due to the employee in connection with dismissal (Article 77 of the Labor Code) and violation of the deadline for payment of average earnings to the employee during the period of labor leave.

    So, when conducting scheduled inspection on compliance with labor legislation in one of the communal agricultural unitary enterprises Of the district, it was found that the employees of the organization are provided with labor leave according to the schedule labor leave workers, however average earnings for the period of labor leave, it is paid on the day of payment of wages in the organization - on the 20th day of the month following the worked one, regardless of the start date of the labor leave.

    In some cases, the employees of the organization received the average earnings due to them during the labor leave much later than the date of the beginning of the labor leave. In his explanation Chief Accountant organization explained that the employees of the organization do not object to the existing system of payment of average earnings during labor leave. Since contracts were concluded with the employees of the organization, it was established that the organization violates the requirements of clause 4 of the Decree of the President of the Republic of Belarus dated July 26, 1999 N 29 "On additional measures to improve labor relations, strengthen labor and performance discipline ", according to which the average earnings during the labor leave must be paid no later than one day before the start of the vacation.

    According to the results of the audit for violations of the terms of payment of the average earnings to the employees of the organization during the labor leave, the chief accountant was brought to administrative responsibility in the form of a fine in the amount of 10 basic units (350,000 rubles) on the basis of Part 1 of Art. 9.19 of the Administrative Code.

    The employer was issued a mandatory requirement (order) to eliminate the identified violation and in the future to pay the average earnings during the labor leave no later than one day before the start of the vacation.

    In accordance with Art. 77 of the Labor Code upon dismissal of an employee, all payments due to him from the employer are made on the day of dismissal. If these amounts are not paid to the dismissed employee on the day of dismissal, then the official or the employer may be fined under Part 1 of Art. 9.19 of the Administrative Code. At the same time, the amount of the fine imposed will largely depend on the period for which the employer delayed the payment of the amounts due to the employee.

    So, in G-something regional administration The Department of State Labor Inspection filed a complaint against the former employer about non-payment of all amounts due to him on the day of dismissal. For this appeal government inspector labor, it was decided to conduct unscheduled inspection on observance of labor legislation.

    During the audit, it was established that all amounts due from the employer were paid to the dismissed employee 5 days after the date of dismissal. At the same time, the amounts payable to the employee were not contested. In the course of the administrative process, no circumstances were established that would mitigate or aggravate administrative liability, and the director of the organization was fined in the amount of five basic units (175,000 rubles).

    Part 4 of Art. 9.19 of the Administrative Code provides for liability for other violations of labor legislation, except for violations provided for by Articles 9.16 - 9.18 of the Administrative Code and parts 1 and 3 of Art. 9.19 of the Administrative Code, causing harm to the employee. The sanction of this norm provides for the imposition of a fine in the amount of four to twenty basic units on the employer's official. Under Part 4 of Art. 9.19 of the Administrative Code, it is not possible to hold a legal entity liable, since this is not provided for by the sanction of this part.

    The most common violations of labor legislation, upon detection of which officials are subject to a fine, are: violation of the term and procedure for issuing an employee work book in connection with dismissal, violation of the procedure for granting an employee a labor leave, violation of the procedure for remuneration of an employee in overtime, weekends and holidays, non-payment of additional payments to employees for work at night, and others.

    So, the driver of one of the JSCs of the G-th district turned to the G-regional department of the Department of State Labor Inspection with a complaint that the employer does not make an additional payment for work at night. Based on this appeal, the state labor inspector decided to conduct an unscheduled inspection of compliance with labor legislation. During the audit, it was established that part of the applicant's working time according to the waybills really falls at night. At the same time, the employer did not make an additional payment for work at night. By the employer's act, the employee suffered material damage. According to the results of the inspection, the guilty official of the employer was fined on the basis of Part 4 of Art. 9.19 of the Administrative Code for the amount of 4 base values ​​(140,000 rubles).

    A prerequisite for the onset of administrative responsibility for this basis is causing harm to an employee.

    In accordance with Art. 1.3 of the Administrative Code, harmful consequences are the infliction of property, moral and other harm to protected Code of Administrative Offenses and interests. Thus, harm to an employee can be expressed not only in material form, but also other damage, including deterioration of the legal status of the employee in comparison with the current labor legislation.

    In the course of a scheduled inspection of compliance with labor legislation in one of the PUEs in the city of G., it was found that the organization does not have a schedule of labor vacations for employees for the current calendar year... In itself, the lack of a work leave schedule did not cause material harm workers, but worsened their legal position in relation to the current labor law... According to the results of the audit, the director of the organization was fined under Part 4 of Art. 9.19 of the Administrative Code for the amount of 4 base values ​​(140,000 rubles).

    Article 9.20 of the Code of Administrative Offenses provides for liability for the insured to conceal the occurrence of an insured event in case of mandatory social insurance from industrial accidents and occupational diseases and entails the imposition of a fine in the amount of two to ten basic units (from 70,000 to 350,000 rubles), on an individual entrepreneur - from ten to fifty basic units (from 350,000 to 1,750,000), and on a legal entity - from fifty to one hundred basic units ( from 1,750,000 to 3,500,000 rubles).

    When conducting scheduled inspections of compliance with labor legislation, it is quite often revealed that legal entities do not comply with the written form of civil law contracts for the performance of work, the provision of services or the creation of facilities intellectual property concluded by a legal entity or individual entrepreneur with citizens, as well as the absence in these contracts of the conditions established by law.

    Responsibility for this violation of the law is established by Art. 9.25 Administrative Code. The sanction of this article provides for the imposition of a fine on an individual entrepreneur or legal entity in the amount of ten percent of the amount of the contract, and if it is impossible to establish it, up to twenty basic units.

    Administrative liability of an individual on this basis is not provided.

    According to Art. 9.25 of the Administrative Code most often legal entities are involved for violations of the requirements of sub. 1.1 p. 1 of the Decree of the President of the Republic of Belarus of 06.07.2005 N 314 "On some measures to protect the rights of citizens performing work on civil law and labor contracts"(Hereinafter referred to as the Decree). In sub. 1.1 paragraph 1 of the Decree established that legal entities and individual entrepreneurs who provide work to citizens under civil law contracts, the subject of which is the performance of work, the provision of services and the creation of intellectual property, are required to conclude with them specified contracts in writing and determine in these agreements, in addition to the conditions established by law, the essential conditions established by the Decree.

    Among the most common violations is the failure by the customer to include the following in the civil contract essential conditions: the procedure for calculating the parties under civil law contracts, including the amounts to be paid; the customer's obligations to pay for citizens performing work under a civil law contract, compulsory insurance contributions to the Social Security Fund; grounds early termination a civil contract, the customer's responsibility for failure to fulfill his obligations to timely pay for the work performed in the form of a forfeit, etc.

    Moreover, if in the very civil contract the specific amount due to payment to the contractor for the work performed is not indicated, the amount of the fine can be determined on the basis of other documents.

    Thus, during a routine inspection of compliance with labor legislation in one of the joint stock companies G. found that in the civil contract concluded with the citizen for the performance of work, there were no obligations of the parties to ensure safe environment work based on the obligations of the parties to the civil contract. In this case, the specific amount to be paid to the contractor for this agreement, was not indicated, only the prices for the work performed were established in the contract.

    After the acceptance of the work by the customer, the parties signed an act of work performed, according to which, under this contract, the contractor was entitled to remuneration in the amount of 1,100,000 rubles. On the basis of this, the amount of the fine for the legal entity was established - ten percent of the contract amount (110,000 rubles).

    As already mentioned above, most often individuals and legal entities are brought to administrative responsibility in the form of a fine based on the results of scheduled and unscheduled inspections of compliance with labor legislation and if violations are revealed in the course of their implementation.

    According to Art. 9.1 of the PIKoAP, the reason for the beginning of the administrative process may be, among other things, a statement by an individual. At the same time, an unscheduled inspection at the request of an individual is not a prerequisite to bring to administrative responsibility.

    An employee of one of the enterprises of the regional center applied to the G-regional department of the Department of State Labor Inspection with a complaint against the employer about violations of the deadline for the payment of wages. At the same time, the employee asked to bring the guilty persons to the responsibility established by law.

    The state labor inspector asked the head of the enterprise for the documents necessary to authorize the appeal. In the course of studying the documents provided by the employer, the facts stated by the applicant in the appeal were confirmed. In December 2011, the company paid the employee wages later than the deadline established by the collective and labor agreement. Thus, the violation of the requirements of Art. 73 TC. Based on the results of consideration of the citizen's appeal, the director of the enterprise was fined under Part 1 of Art. 9.19 of the Administrative Code for five basic units (175,000 rubles).

    The fine for violations of labor legislation or labor protection must be paid by an individual or an individual entrepreneur subject to an administrative penalty, no later than one month from the date of entry into legal force a decision on the imposition of a fine, by a legal entity - no later than fifteen days from the date of entry into force of the decision on the imposition of a fine, and in case of an appeal (protest) of such a decision - no later than one month from the date of notification of the abandonment of the complaint (protest) without satisfaction.

    In case of non-payment within the established time limit, the fine is collected by compulsory procedure.

    LIST OF USED SOURCES

    1. Labor Code The Republic of Belarus. - Minsk: Nat. center of legal inform. Rep. Belarus, 2008 .-- 256 p.

    2. Regulations on the Department of State Labor Inspection of the Ministry of Labor and Social Protection of the Republic of Belarus: approved. by the resolution of the Council of Ministers of the Republic. Belarus, July 29, 2006, N 959 // IB "ConsultantPlus: Belarus" [Electronic resource]. - Minsk, 2012.

    3. Code of the Republic of Belarus on Administrative Offenses of 21.04.2003 N 194-З // Etalon-Belarus [Electronic resource] / Nat. center of legal inform. Rep. Belarus. - Minsk, 2012.

    4. Procedural and executive code of the Republic of Belarus on administrative offenses from 20.12.2006 N 194-З // Etalon-Belarus [Electronic resource] / Nat. center of legal inform. Rep. Belarus. - Minsk, 2012.

    5. On additional measures to improve labor relations, strengthen labor and executive discipline: Decree of the President of the Republic. Belarus, July 26, 1999, N 29 // IB "ConsultantPlus: Belarus" [Electronic resource]. - Minsk, 2012.

    6. On some measures to protect the rights of citizens performing work under civil and labor contracts: Decree of the President of the Republic. Belarus, July 6, 2005, N 314 // IB "ConsultantPlus: Belarus" [Electronic resource]. - Minsk, 2012.

    Measures of administrative responsibility are administrative penalties, which are applied in order to protect law and order, educate a person who has committed an administrative offense, and prevent other persons from committing offenses.

    The use of remedial measures of the Code of Administrative Offenses does not refer to administrative responsibility.

    The types of administrative penalties are: a) warning; b) a fine; c) paid seizure of an object that was an instrument of committing or direct object administrative offense: d) confiscation of an object that was an instrument of committing or a direct object of an administrative offense; e) deprivation of the special right granted to this citizen (the right to drive vehicles, the right to hunt); e) correctional labor;

    g) administrative arrest.

    A warning as a measure of administrative punishment is made in writing and is the mildest measure of punishment. It is applied for the commission of minor administrative offenses (for example: for the failure of land users to take measures to combat weeds, for

    violation of the rules for the use of residential premises). Warning. like any other administrative penalty, it is imposed by issuing a written order on the imposition of an administrative penalty. An oral warning to a citizen from the relevant officials (even if using the word "I warn you") cannot be considered a penalty and cause legal consequences.

    Penalty - foreclosure of a property nature in monetary form in the income of the state, the most common among other penalties provided for all types of administrative offenses and imposed in the cases and limits established by law. The fine imposed on citizens for administrative offenses cannot exceed 300 times the minimum wage, and on officials - 500 times the minimum wage. The fine imposed on citizens and officials for administrative offenses cannot be less than OD of the minimum wage.

    Paid seizure consists in the compulsory seizure of only that item that is the instrument of the commission or the direct object of the committed administrative offense. The seized item is sold, and the proceeds from the sale are transferred to the former owner, minus the costs of selling the seized item. This measure of administrative responsibility is applied by the legislator only in cases of violation of the rules of transportation hazardous substances and items on air transport, storage or transportation firearms and ammunition and when avoiding the sale of smooth-bore firearms hunting weapons and ammunition.

    Confiscation consists in the compulsory gratuitous transfer of an object that was an instrument of committing or a direct object of an administrative offense into the ownership of the state. Any item that is in the personal property of the offender is subject to confiscation.

    Confiscation of things and objects in cases of administrative customs offenses is carried out regardless of the time of the commission or detection of the administrative offense.

    Administrative confiscation of items is contrary to the Constitution, according to which the expropriation of property is allowed only by a court order.

    Deprivation of a special right granted to a citizen (the right to drive vehicles, the right to hunt) is applied for up to five years for gross or systematic violation of the procedure for using this right.

    The term of deprivation of such a right may not be less than 15 days. Deprivation of the right to drive vehicles cannot be applied to persons who use such vehicles due to disability, except for cases of driving while intoxicated.

    Deprivation of the right to hunt cannot be applied to persons for whom hunting is the main source of livelihood.

    Correctional labor is applied for a period of up to two months with serving them at the place of permanent work of a person who has committed an administrative offense, and withholding up to 20 percent of his earnings to the state. Correctional labor is assigned by the district (city) court (judge) to offenders who have a permanent job. Term correctional labor cannot be less than 15 days

    Administrative arrest is imposed by a district (city) court (judge) only in exceptional cases for certain types of administrative offenses for up to 15 days.

    The procedure for the application of measures of administrative responsibility. The general rules for imposing a penalty for administrative offenses, which all bodies and officials must be guided by when applying measures of administrative responsibility, are formulated in Ch. 4 Administrative Code. Penalty for an administrative offense is applied only to a person, in the actions of the goat, the composition of the offense is established, and within the limits established regulation... The legislator obliges that authorities and officials, when imposing a penalty, take into account the nature committed offense, the identity of the offender, the degree of his guilt, property status, circumstances that mitigate and aggravate responsibility.

    The Administrative Code contains lists of mitigating and aggravating circumstances.

    An indicative list of circumstances mitigating liability includes; sincere remorse of the guilty person; prevention of harmful consequences of an offense by the guilty party, voluntary compensation for damage or elimination of the harm caused; the commission of an offense under the influence of strong emotional agitation or with the confluence of serious personal or family circumstances; the commission of an offense by minors; the commission of an offense by a pregnant woman or a woman with a child under one year of age.

    The list of aggravating circumstances is closed and exhaustive. The following were recognized as aggravating circumstances: the continuation of the unlawful act, despite the demand of the authorized persons to stop it; repeated committing of a homogeneous offense within a year, for which a person has already been subjected to an administrative penalty: committing an offense by a person who has previously committed a crime; involvement of a minor in an offense; commission of an offense by a group of persons; committing an offense in a natural disaster or other emergency; committing an offense while intoxicated. The body (official), when imposing a penalty, depending on the nature of the administrative offense, may not recognize the latter circumstance as aggravating.

    An administrative penalty may be imposed no later than two months from the date of the offense, and in the case of a continuing offense - two months from the date of its discovery. In case of refusal to initiate a criminal case or termination of a criminal case, but if there are signs of an administrative offense in the actions of the violator, an administrative penalty may be imposed no later than one month from the date of the decision to refuse to initiate a criminal case or to terminate it.

    Release from administrative responsibility. The basis for administrative responsibility is an administrative offense. However, for the onset of administrative responsibility, it is also necessary to have an administrative offense, which includes four elements: an object, objective side, subject and subjective side... In the absence of at least one of the elements of an administrative offense, administrative responsibility is excluded. For example, a person who, at the time of the commission of an unlawful action or inaction, was in a state of insanity is not subject to administrative responsibility, i.e. she could not be aware of her actions or control them due to chronic mental illness, temporary disturbance of mental activity, dementia or other painful condition.