What is an administrative penalty. Administrative penalty. Appointment of an administrative penalty

Administrative penalty is a measure state coercion(measure of responsibility) applied on behalf of the state by decision authorized bodies to the person who committed an administrative offense.

The application of administrative punishment has the following goals: 1)

educational impact, prevention of the commission of new offenses by the offender himself (special prevention); 2)

prevention of committing new offenses by other persons (general prevention).

Administrative punishment cannot have as its purpose: 1)

humiliation of human dignity natural person; 2)

causing him physical suffering; 3)

damage to the business reputation of a legal entity.

Administrative law tries to influence the offender in different ways. First of all, the method of moral influence is used, then material. In addition, in the most serious cases, the offender may be deprived of individual rights... Quite often, administrative punishment combines these methods.

For the commission of administrative offenses, the following administrative penalties may be applied: 1)

a warning; 2)

administrative penalty; 3)

paid seizure of an object or instrument of committing an administrative offense; 4)

confiscation of an object or instrument of committing an administrative offense; 5)

deprivation special law granted to this citizen (management rights vehicle, hunting rights); 6)

administrative arrest; 7)

administrative expulsion outside the Russian Federation of a foreign citizen or stateless person; eight)

disqualification; nine)

administrative suspension of activities.

Only the first five types of liability measures can be applied to legal entities.

The list of administrative punishments is compiled according to the principle of listing from less severe to more severe. All of these punishments can be applied as the main ones, and such as compensated seizure, confiscation of objects, administrative expulsion, in addition, and as additional administrative punishments.

Federal laws may establish other types of administrative penalties.

A warning is an administrative punishment that mainly has a moral impact. In addition, a different semantic load of a warning is possible: sometimes government bodies the warning explains the illegal nature of the offender's actions, which is not obvious to him. This type of administrative punishment is applied for the commission of minor administrative offenses and can only be imposed by issuing a written order. Verbal warnings that officials give to citizens, although they have a certain moral impact, cannot be considered an administrative penalty. Legal significance prevention basically lies in the fact that it is the basis for the subsequent application of administrative punishment on the basis of repetition.

An administrative fine is a monetary penalty imposed in favor of the state as a punishment for an administrative offense. This measure of responsibility is most common in administrative law, since, on the one hand, it is distinguished by the promptness of execution, and on the other hand, it affects the material interests of the offender, which is most often not indifferent to him.

The administrative fine is expressed in rubles and is set in the following amounts: for citizens - up to 5 thousand rubles; for officials - up to 50 thousand rubles; for legal entities - 1 million rubles. The minimum size administrative fine cannot be less than 100 rubles. Paid seizure of an item that was an instrument of committing or direct object administrative offense, consists in its compulsory seizure and subsequent implementation with the transfer of the proceeds former owner less the costs of selling the seized item. This penalty can only be imposed by a judge. Paid seizure firearms and ammunition cannot be applied to persons for whom hunting is the main source of livelihood. The legislator very rarely uses this measure as a sanction for administrative offenses.

The confiscation of an object that was an instrument of committing or a direct object of an administrative offense consists in the compulsory gratuitous transfer of this object into the ownership of the state. Only an item that is in the personal property of the offender can be confiscated. However, sometimes exceptions to this rule are allowed, for example, in the case of confiscation of contraband items. The legislation provides for a list of items that are not subject to confiscation. In addition, confiscation of firearms and ammunition cannot be applied to persons for whom hunting is the main source of livelihood. The considered measure of responsibility can only be assigned by a judge.

Deprivation of a special right granted to a given citizen by a special individual legal act, in case of gross and systematic violation of the order of its use. We are talking about the right to drive vehicles and the right to hunt. Very close to the deprivation of a special right is such a measure of responsibility as the cancellation or suspension of a license. However, in this case, the period is not specified. As a general rule, a person may be deprived of a special right for a period of not less than one month and not more than three years. This penalty is imposed only by the judge.

Persons for whom hunting is the main source of livelihood cannot be deprived of the right to hunt. Moreover, cannot be deprived driving license persons who use a vehicle due to disability, except in cases of the most serious violations.

Administrative arrest can only be applied in exceptional cases and only by a court decision. This type of administrative punishment is advisable in cases where all other possibilities of influencing the violator have been exhausted. Term administrative arrest cannot exceed 15 days, however, in a state of emergency or legal regime the counter-terrorist operation, this limit is increased to 30 days. ,

Administrative arrest cannot be applied to pregnant women, women with children under the age of 14, to persons under the age of 18, to persons with disabilities of I and II groups, 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 penal system, State fire service, bodies for control over the circulation of narcotic drugs and psychotropic substances and customs authorities.

Administrative expulsion from the Russian Federation of foreign citizens and stateless persons was introduced not so long ago, in 1995, although it was actually used earlier. The legislation provides for two ways of administrative expulsion: 1)

independent departure of those expelled from the Russian Federation under the control of the relevant authorities; 2)

forced displacement of these persons through State border RF outside the Russian Federation.

The legislation gives preference to the second method of expulsion, since the first can be applied only in cases stipulated by the legislation of the Russian Federation. Administrative expulsion from the Russian Federation cannot be applied to military personnel who are foreign citizens.

Disqualification is a new type of administrative punishment, which consists in depriving an individual of the right to drive legal entity: individually, as part of its executive (board, directorate) or controlling (board of directors) body. Disqualification is established for a period of six months to three years.

Administrative suspension of activities consists in the temporary cessation of the activities of persons carrying out entrepreneurial activity without the formation of a legal entity, legal entities and is used in the event of a threat to the life and health of people, the onset radiation accident or man-made disaster causing significant harm environment, in the case of an administrative offense in the field of trafficking in narcotic drugs, psychotropic substances and their precursors, in the field of combating the legalization (laundering) of proceeds from crime and financing of terrorism, in the field of the rules for attracting foreign citizens and stateless persons to labor activity and others. Administrative suspension of activities is appointed by a judge for up to 90 days.

Appointment of an administrative penalty. The law provides for the following rules for the appointment of administrative penalties.

First, an administrative penalty can only be imposed on a person who has committed an administrative offense. In other words, only then can a person be attracted to administrative responsibility when the composition of the misdemeanor is established in his actions.

Secondly, when imposing an administrative penalty, the principle of legality must be observed. This means that the punishment for an administrative offense is imposed within the limits established by a normative act providing for liability for the offense. In principle, the body that brings the offender to administrative responsibility cannot impose a penalty below the minimum limit established by the article providing for liability. However, in cases where the committed offense is insignificant, and the person who committed it is not an inveterate offender and actively shows remorse, the body (official) authorized to solve the case can release the offender from administrative responsibility and limit itself to an oral remark, which, as is known , is not an administrative penalty and does not entail any legal implications... In addition, the requirement of the principle of legality means that only a body authorized in accordance with the law to consider the case of an administrative offense can make a decision on the imposition of an administrative penalty. In this case, all the rules of the proceedings in cases of administrative offenses.

Thirdly, when bringing a person to administrative responsibility, the principle of individualization of punishment must be observed. This means that the person authorized to impose an administrative penalty is obliged to take into account the nature of the offense committed, its consequences, the personality of the offender, the form and degree of his guilt, his property, marital status and other circumstances of the case and determine the punishment that best suits the purpose of education and correcting the offender. It is noted that it is unnecessary mild punishment stimulates the repetition of committed offenses, the emergence of a sense of impunity, and unnecessarily harsh - a sense of injustice and arbitrariness administrative bodies, which ultimately also provokes new offenses. In legal interpretation, the principle of individualization of responsibility is manifested in the list of circumstances that mitigate and aggravate responsibility for an administrative offense, as well as in the possibility of exemption from administrative responsibility.

Circumstances mitigating responsibility for an administrative offense are: 1)

remorse of the guilty person; 2)

voluntary communication by a person about an administrative offense committed by him; 3)

prevention of harmful consequences of an administrative offense by guilty persons; 4)

voluntary refund damage or elimination of the damage caused; 5)

the commission of an administrative offense in a state of strong mental agitation or with a confluence of serious personal or family circumstances; 6)

minor age; 7)

commission of an administrative offense by a pregnant woman or a woman with a small child.

This list is open: legislation and law enforcement officers may recognize mitigating and other circumstances.

The list of aggravating circumstances is closed and can only be changed federal law... Circumstances aggravating responsibility for administrative offenses are recognized: 1)

continuation of unlawful behavior despite the demand of authorized persons to stop it; 2)

repeated committing of a homogeneous administrative offense within one year, for which the person has already been subjected to administrative punishment; 3)

involvement of a minor in an administrative offense; 4)

commission of an administrative offense by a group of persons; ... ,. .. 5) committing an administrative offense in conditions natural disaster or with others extraordinary circumstances; 6)

committing an administrative offense while intoxicated. However, if the administrative violation was not caused by such a condition, the law enforcement officer, taking into account the specific circumstances, may not recognize this circumstance as aggravating.

When a person commits two or more administrative offenses, as a general rule, an administrative penalty is imposed for each offense separately. However, if the cases of these offenses are simultaneously considered by the same body, then the punishment is imposed within the limits of the sanction established for a more serious violation committed by this person.

Release from administrative responsibility. A person can be released from administrative responsibility on the basis of insignificance, as mentioned above.

A circumstance that prevents the prosecution of the guilty party may be the expiration of the terms for imposing an administrative penalty. As a general rule, an administrative penalty can be imposed no later than two months from the date of the offense.

A person subjected to an administrative punishment, who has not committed a new administrative offense within one year from the date of completion of the execution of the punishment, is considered not to have been subjected to an administrative punishment.

Administrative punishment is a measure legal responsibility, which is usually assigned to a person for committing a violation of law and order. That is, the intruder in mandatory must suffer certain consequences, the severity of which depends on the type of the violation itself. It applies with educational purpose, but at the same time observing the laws and instilling in a person a sense of respect for the people around him and the rule of law. In addition, administrative punishment is also used to prevent future offenses.

Moreover, according to The Code of Administrative Offenses(abbreviated to the Code of Administrative Offenses), preventing the commission of new violations, both by the violator himself and by other persons, is the main task of punishment.

I wonder what exactly Administrative Code of the Russian Federation became the first normative act, in which administrative and punitive sanctions are called punishments. Previously, in all documents, they were called administrative penalties.

Only the Code of Administrative Offenses of the Russian Federation has the right to establish the types of administrative punishments. At the moment, it lists nine types of administrative punishments, ranging from relatively light to more severe.

Administrative penalties:

A warning

A warning is a measure that consists in the official censure of the person who committed the offense. He is considered the mildest, lightest punishment. A warning is issued in the event that the violation of law and order was committed by a person for the first time and there was no danger to the life and health of other people and animals, monuments and threats to property. It can be general and special. It is always delivered to the offender in writing.

Administrative penalty

This type of administrative punishment consists in the collection of funds. The amount of the fine should not be higher than 25 minimum wages (minimum wages) for citizens, 50 minimum wages for officials and 1000 minimum wages for legal entities.

Paid seizure of the instrument of committing or the subject of an administrative offense

This type of punishment for the violator means the seizure of the object of violation and the transfer to him of the amount that the state has gained from the sale of the object (excluding the costs of the sale itself). Usually, seizure is carried out for violation of the rules for the sale, storage, accounting, and carrying of weapons. It should not be confused with the seizure of documents and personal belongings revealed during inspection or detention. Can be appointed directly through the courts.

Confiscation of the instrument of committing or the subject of an administrative offense

This is a prohibition on the use of ownership of any property. According to the Constitution of the Russian Federation, he can only be appointed as a judge. It can also be imposed as an additional punishment.

Deprivation of a special right granted to an individual

Deprivation of the right is a ban on engaging in an activity for a certain period of time. Acts in relation to the right to hunt and drive vehicles. This punishment can be applied only to persons who have not lost and not deprived of their special right, but who regularly violated the procedure for using this right.

Administrative arrest

The essence of this punishment is to isolate the offender from society. They can be placed under administrative arrest for petty hooliganism, disobeying the orders of police officers, organizing rallies, etc. The duration of an arrest is usually no more than 15 days, but there are exceptions. It must be remembered that arrest cannot be applied to pregnant women, persons who have not reached the age of 18, persons with disabilities of groups I and II, as well as women who have children under 14 years of age. The arrest can be ordered directly by the judge.

Administrative expulsion from the Russian Federation of a foreign citizen or a stateless person

Expulsion is ordered only by a judge or, in individual cases, by border officials and only in relation to foreigners and persons who do not have citizenship at all. In addition to this punishment, an administrative fine can also be used as an additional one.

Disqualification

Disqualification is, simply put, a ban on a person from holding leadership positions, serving on the board of directors, and carrying out entrepreneurial activities related to the management of a legal entity. The time period of ineligibility, depending on the violation, ranges from six months to three years. This type of punishment can be imposed on a person only by the judge himself and without using additional types punishments.

Administrative suspension of activities

This type of punishment includes the suspension for a specific time of the activities of those persons who are involved in entrepreneurship. It is used in cases where there is a threat to the health or life of people, infection, radiation accidents, offenses related to the use of drugs, etc. The suspension of a person's activity can only be appointed by a judge for a period of not more than ninety days.

Currently, the Code of Administrative Offenses of the Russian Federation has established nine types of administrative punishments.

For committing administrative offenses, the following administrative penalties may be established and applied:

A warning;

Administrative penalty;

Paid 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;

Deprivation of a special right granted to an individual;

Administrative arrest;

Administrative expulsion from the Russian Federation of a foreign citizen or stateless person;

Disqualification;

Administrative suspension of activities.

All these types of administrative punishments can be applied to individuals; in relation to legal entities - only a warning, an administrative fine, repayable seizure of the instrument of committing or the subject of an administrative offense, confiscation of the instrument of committing or subject of an administrative offense, administrative suspension of activities.

Let's consider in more detail the types of administrative punishments.

A warning- a measure of administrative punishment, expressed in the official censure of an individual or legal entity. The warning is given in writing.

Prevention as a measure of administrative punishment should not be confused with prevention as a measure administrative restraint... Verbal warnings that officials give to citizens or organizations as a measure of administrative restraint are not considered administrative punishments. In the same way, written warnings (instructions, warnings) that are sent to citizens and organizations, but at the same time, a resolution on the imposition of an administrative penalty is not issued are not punishments.

A warning as a measure of administrative punishment is always imposed by issuing an appropriate written order and serving (or sending) a copy of the order to the person brought to administrative responsibility or his legal representative.

Prevention is the easiest administrative punishment in terms of punitive effect. In this regard, a number of authors regard the warning as a punishment of a moral rather than a legal nature. It seems that this is not entirely true. Warning leads to the same legal implications as all other administrative penalties. The application of this measure, like other administrative penalties, entails unfavorable legal consequences for the violator.

The subject of responsibility within one year is considered a person who was brought to administrative responsibility. And this can affect the type and amount of punishment imposed for a repeated administrative offense, it can be a circumstance aggravating administrative responsibility. In terms of its content, as noted above, a warning is a measure of moral and legal impact.

If the offense is insignificant, it is possible to release the person who committed it from administrative responsibility and to confine himself to oral remarks. Despite the fact that such a verbal remark is made as a result of the commission of an offense, it cannot be equated with a warning as a punishment. An oral remark is not a punishment and does not entail adverse legal consequences. This is a measure of moral impact.

Administrative penalty - it is a cash payment for a natural or legal person who has committed an administrative offense.

Being a punishment property nature, it is a fairly effective and most widespread measure of coercive influence and can be applied only as the main administrative punishment. An administrative fine is provided for by almost all articles of the Special Part of the Code of Administrative Offenses of the Russian Federation and the corresponding articles of the laws of the constituent entities of the Russian Federation on administrative offenses.

As discussed in the previous chapter, the administrative penalty cannot be applied to sergeants, petty officers, soldiers and sailors passing military service on call, military cadets educational institutions vocational education before concluding a military service contract with them.

Paid seizure of the instrument of committing or the subject of an administrative offense is their compulsory seizure and subsequent sale with the transfer of the proceeds to the former owner minus the costs of selling the seized item.

In the field of administrative offenses, the specificity of a compensated seizure is that it can only be applied to things that were the direct instrument of committing or the subject of an administrative offense, and applied only to the owner of these things. In this case, a compensated seizure can be established and applied as both the main and additional administrative punishment.

It is much more difficult to apply a gratuitous seizure than confiscation, which provides for the gratuitous circulation of seized items into state revenue, therefore, in practice, it is used extremely rarely. Currently, as a punishment for administrative offenses, this measure is provided only in parts 2 and 3 of Art. 20.8 of the Administrative Code of the Russian Federation - for violation of the rules for storing, carrying, destroying, collecting and exhibiting weapons and cartridges for it, as well as in part 3 of Art. 20.12 of the Code of Administrative Offenses of the Russian Federation - for violation of the rules for the use of weapons and cartridges for it. In both cases, a compensated seizure is established as an additional punishment, which may or may not be assigned to the main punishment.

Paid seizure can only be ordered by a judge. In this case, the judge considers cases of administrative offenses provided for by the relevant parts of Art. 20.8 and 20.12 of the Code of Administrative Offenses of the Russian Federation (entailing the possibility of applying a compensated exemption), if the body or official who received the case on such an administrative offense will transfer it to a judge for consideration. Thus, the possibility of using a compensated seizure as an additional punishment in practice depends on the discretion of the body or official.

Citizens whose existence and income are wholly or mainly related to hunting and fishing cannot be deprived of hunting weapon, other hunting or fishing gear and ammunition. In this regard, in part 2 of Art. 3.6 of the Code of Administrative Offenses of the Russian Federation established that the repayable seizure of hunting weapons, ammunition and other permitted hunting or fishing tools cannot be used for clips for which hunting or fishing is the main legitimate source of livelihood. This exception is made mainly for citizens who make up indigenous peoples and ethnic communities, whose original habitat is associated with the animal world and whose main activity is hunting or fishing.

Confiscation of the instrument of committing or the subject of an administrative offense is a compulsory gratuitous appeal to federal property or in the ownership of the subject of the Russian Federation of things not withdrawn from circulation.

Unlike criminal legislation, where confiscation of property as a form of punishment is excluded from the punishment system and is considered as another measure criminal law, in the legislation on administrative offenses, the confiscation of the instrument of committing or the subject of an administrative offense is recognized as an administrative penalty. In addition, if the Criminal Code of the Russian Federation allows the possibility of confiscation of a wide range of property of a person who has committed a crime, then in the Code of Administrative Offenses of the Russian Federation, the confiscation of strictly defined things is used as a punishment - instruments or objects of an administrative offense.

The range of confiscated items has expanded significantly. They can be: cash, currency values, ethyl alcohol and alcoholic beverages, weapons, ammunition, production tools, raw materials, manufactured products, uncertified communications, counterfeit printed products, vehicles, ships, aircraft, etc.

However, just as in the case of paid seizure, from citizens for whom hunting or fishing is the main legal source of livelihood, hunting weapons, ammunition and other permitted hunting or fishing equipment cannot be confiscated. The corresponding provision is formulated in Part 2 of Art. 3.7 of the Administrative Code of the Russian Federation. regulating the use of confiscation as a measure of administrative punishment.

The confiscation of the instrument of committing or the subject of an administrative offense, as well as the compensated seizure, is appointed only by the judge.

The next type of administrative punishment is deprivation of a special right granted to an individual. The deprivation of an individual who has committed an administrative offense of a previously granted special right is established for a gross or systematic violation of the procedure for using this right in cases provided for in Articles The special part of the Code of Administrative Offenses of the Russian Federation.

In Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, which defines deprivation of a special right as a type of administrative punishment, in contrast to the similar Art. 30 of the previously effective Code of Administrative Offenses of the RSFSR does not specify the content of special rights that a citizen may be deprived of. The Special Part of the Code of Administrative Offenses of the Russian Federation provides for the deprivation of the right to hunt, the right to drive a vehicle, self-propelled machine or other types of equipment, aircraft, ship on the sea, inland water transport, a small vessel.

It should be noted that in Art. 32.5 and 32.6 of the Code of Administrative Offenses of the Russian Federation mentions the deprivation of the right to operate radio-electronic means or high-frequency devices. However, the articles of the Special Part of the Code currently do not establish offenses providing for the deprivation of the right to operate radio-electronic means or high-frequency devices.

Thus, now the legislation really provides for administrative punishments in the form of deprivation of a special right granted to an individual, only in relation to the right to hunt and the right to drive vehicles.

To drive a vehicle, as well as to hunt, you must have a special license. So, in order to acquire the right to drive motor vehicles, you must pass qualifying exams and get driver's license... Driving other vehicles involves a similar procedure. Apply given view administrative punishment can only be applied to a natural person to whom a special right was previously granted and who has not been deprived of this right or has not lost it on other grounds. The deprivation of an individual of a previously granted special right to him actually means a ban for him to engage in the relevant type of activity for a certain period.

The term of deprivation of a special right may not be less than one month and more than three years. Deprivation of a special right is imposed only by a judge.

It was noted above that the repayable seizure or 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. Proceeding from the same premises, the legislator determined in part 4 of Art. 3.8 of the Code of Administrative Offenses of the Russian Federation, that for such persons the deprivation of a special right in the form of the right to hunt cannot be applied.

Article 3.8 of the Code of Administrative Offenses of the Russian Federation also establishes that the deprivation of a special right in the form of the right to drive a vehicle cannot be applied to a person who uses a vehicle due to disability, with the exception of the following cases:

Driving while intoxicated;

Evasion from passing in the prescribed manner medical examination intoxicated state;

Abandonment by the specified person in violation existing regulations accident locations, of which it was a member.

Board members;

Persons engaged in entrepreneurial activities without forming a legal entity;

Arbitration manager.

An administrative penalty in the form of disqualification is imposed only by a judge.

Administrative suspension of activities consists in the temporary cessation of the activities of persons engaged in entrepreneurial activities without the formation of a legal entity, legal entities, their branches, representative offices, structural units, production sites, as well as the operation of units, facilities, buildings or structures, implementation certain types activities (works), provision of services.

Administrative suspension of activities applies in the event of:

Threats to human life or health; the occurrence of an epidemic, epizootic;

Infection (contamination) of regulated objects with quarantine objects;

The onset of a radiation accident or man-made disaster;

Causing significant harm to the state or quality of the environment;

Committing an administrative offense in the field of trafficking in narcotic drugs, psychotropic substances and their precursors;

Committing an administrative offense in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism;

Committing an administrative offense in the area established in accordance with federal law in relation to foreign citizens, stateless persons and foreign organizations restrictions on the implementation of certain types of activities;

Committing an administrative offense in the field of the rules for attracting foreign citizens and stateless persons to labor activities carried out at shopping facilities (including shopping malls);

Committing an administrative offense in the field of management order, in the field of public order and public safety;

Committing an administrative offense in the field of urban planning activities.

Administrative suspension of activities is appointed by a judge only in cases provided for by articles of the Special Part of the Code of Administrative Offenses of the Russian Federation, if a less severe type of administrative punishment cannot ensure the achievement of the goal of the administrative punishment.

Administrative suspension of activities is established for up to 90 days.

A judge, on the basis of a petition of a person carrying out entrepreneurial activity without forming a legal entity, or a legal entity, early terminates the execution of an administrative penalty in the form of an administrative suspension of activity, if it is established that the circumstances that served as the basis for the imposition of this administrative penalty have been eliminated.

The procedure for the appointment of administrative punishments.

Administrative punishment for committing an administrative offense is imposed within the limits established current legislation RF (Article 4.1 of the Code of Administrative Offenses of the Russian Federation).

A judge, as well as bodies and officials considering cases of administrative offenses, are not entitled to impose a punishment below the lower limit, independently increase the maximum limit established by the sanction of the relevant article, or apply a punishment not provided for in Art. 3.2 of the Administrative Code of the Russian Federation. However, in practice, you can find other solutions.

Based on the Resolution of the Plenum The Supreme Court RF dated March 24, 2005 N 5 "On some issues arising from the courts when applying the Code of the Russian Federation on Administrative Offenses" when deciding on the appointment of the type and amount of administrative punishment, the judge must take into account that the Code of Administrative Offenses of the Russian Federation allows the possibility of imposing an administrative penalty only in the limits of the sanctions established by the law, providing for liability for this administrative offense, taking into account the nature of the offense, the identity of the perpetrator, the property status of the offender - an individual ( individual entrepreneur), the financial position of a legal entity brought to administrative responsibility, circumstances that mitigate and aggravate administrative responsibility (Art. Art. 4.1 - 4.5 of the Administrative Code of the Russian Federation).

At the same time, if, during the consideration of the case, the insignificance of the committed administrative offense is established, the judge on the basis of Art. 2.9 of the Administrative Code of the Russian Federation has the right to release guilty person from administrative responsibility and limited to oral remarks, which should be indicated in the decision to terminate the proceedings. If the insignificance of an administrative offense is established when considering a complaint against a decision in a case of such an offense, then on the basis of paragraph 3 of part 1 of Art. 30.7 of the Code of Administrative Offenses of the Russian Federation, a decision is made to cancel the decision and to terminate the proceedings on the case.

According to Part 4 of Art. 4.1 of the Code of Administrative Offenses of the Russian Federation, the appointment of an administrative penalty does not relieve a person from fulfilling an obligation for failure to fulfill which an administrative penalty was imposed, therefore, when deciding the issue of confiscated things that have not passed, for example, customs clearance, in the decision on the case of an administrative offense, it is necessary to indicate the possibility of their issuance to the owner only after customs clearance.

Administrative penalties are imposed in accordance with the procedure established by law. The rules governing the appointment of administrative punishments are contained in Chapter 4 of the Code of Administrative Offenses of the Russian Federation. The application of administrative punishments to offenders is based on three principles: legality, fairness and individualization of punishments.

In accordance with Art. 4.1. Administrative Code of the Russian Federation, administrative punishment for committing an administrative offense can be imposed only within the limits established by the law providing for liability for this administrative offense, in accordance with the Administrative Code of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses. The punishment cannot be softer than the minimum prescribed by law, and stricter than the maximum. Going beyond the law when imposing an administrative penalty is excluded.

This is the manifestation of the principle of the legality of the appointment of administrative punishments.
When imposing an administrative penalty on an individual, the Code of Administrative Offenses prescribes to take into account the nature of the administrative offense committed by him, the identity of the perpetrator, his property status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility.

When imposing punishment against a legal entity, it is necessary to take into account the nature of the administrative offense committed by it, the property and financial situation of the legal entity, circumstances mitigating administrative responsibility and circumstances aggravating administrative responsibility.

The list of circumstances mitigating administrative responsibility is contained in Art. 4.2. Administrative Code of the Russian Federation.

These are:

Repentance of a person who has committed an administrative offense;

Voluntary communication by a person about an administrative offense committed by him;

Prevention by a person who committed an administrative offense of harmful consequences of an administrative offense, voluntary compensation for damage caused or elimination of damage caused;

Committing an administrative offense in a state of strong mental agitation (passion) or in the event of a confluence of difficult personal or family circumstances;

Committing an administrative offense by minors;

Committing an administrative offense by a pregnant woman or a woman with a small child.

This list is not exhaustive. The judge, body, official considering the case of an administrative offense, in accordance with Part 2 of Art. 4.2. Administrative Code of the Russian Federation, are entitled to recognize extenuating circumstances not specified in the Administrative Code or in the laws of the constituent entities of the Russian Federation on administrative offenses.

According to Art. 4.3. Administrative Code of the Russian Federation, circumstances aggravating administrative responsibility are recognized:

Continuation of unlawful behavior, despite the demand of authorized persons to stop it;

Repeated commission of a homogeneous administrative offense, if for the commission of the first administrative offense the person has already been subjected to administrative punishment, for which the one-year period has not expired, during which the person is considered to be subject to administrative punishment, provided for in Art. 4.6 of the Administrative Code of the Russian Federation;

Involvement of a minor in the commission of an administrative offense;

Committing an administrative offense by a group of persons;

Committing an administrative offense in a natural disaster or other emergency;

Committing an administrative offense while intoxicated.

A judge, a body or an official who appoints an administrative penalty, has the right, depending on the nature of the administrative offense committed, not to recognize any of the listed circumstances as aggravating.

In addition, the listed circumstances cannot be considered as aggravating if they are provided as qualifying signs of an administrative offense by the relevant norms on administrative responsibility for committing an administrative offense. In this case, an aggravating circumstance is already provided for by the relevant article of the Code of Administrative Offenses or the law of a constituent entity of the Russian Federation on administrative offenses and, accordingly, a more severe punishment is provided for committing an offense under this circumstance.

Taking into account these factors and circumstances contributes to the appointment of a fair punishment for the committed administrative offense. This is how the principle of the justice of punishment is realized.

Considering the specific administrative offenses provided for by the norms of the Special Part of the Administrative Offenses Code of the Russian Federation, we will see that the punishment for committing these offenses most often varies within certain limits. This allows judges, bodies or officials considering cases of administrative offenses and applying punishment to offenders to individualize the punishment, to choose, within the limits of the sanction established by law, the exact measure of punishment that in this particular situation will be optimal and with the greatest effect will ensure the achievement of the goals of applying punishment : recovery social justice, correction of the offender and prevention of offenses.

The imposition of an administrative penalty does not release a person from the performance of the obligation for the failure to perform which the administrative penalty was imposed.

If a person has committed several administrative offenses, an administrative penalty is imposed for each administrative offense. If a person has committed an unlawful act containing the composition of administrative offenses, liability for which is provided for by two or more articles of the Administrative Code or the laws of the constituent entities of the Russian Federation on administrative offenses, then, subject to the jurisdiction of the consideration of cases on these administrative offenses, to the same judge, body or official , in respect of the offender, an administrative penalty must be applied in accordance with the article of the law that provides for the most severe punishment.

Administrative Code of the Russian Federation in Art. 4.5. sets the statute of limitations for bringing to administrative responsibility, i.e. terms after which it is impossible to impose an administrative penalty on a person. The general limitation period applies to administrative offenses in the labor sphere: a decision on a case on an administrative offense cannot be issued after two months from the date of the administrative offense.

Special, longer periods of limitation (1 year) are provided for by the Code of Administrative Offenses of the Russian Federation for certain types of administrative offenses: for example, for violation of export control legislation, on internal sea ​​waters, territorial sea, continental shelf, about an exceptional economic zone RF, customs, patent, antimonopoly, budgetary, currency legislation of the RF, etc. The course of the statute of limitations begins, as a rule, from the moment of committing an administrative offense.

Often, offenses are ongoing. The concept of a continuing offense is given in clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 "On some issues arising from the courts when applying the RF Code of Administrative Offenses". Continuing is such an administrative offense (action or inaction), which is expressed in long-term incessant non-fulfillment or improper fulfillment of obligations stipulated by the law.

It should be borne in mind that such obligations may be imposed by another regulatory legal act, as well as by a legal act of a non-regulatory nature, for example, the presentation of a prosecutor, an order of the body (official) carrying out state supervision(control). Failure to fulfill the obligation provided for by a regulatory legal act by the time period established therein is not a continuing administrative offense.

With a continuing administrative offense, the statute of limitations for bringing to administrative responsibility begins to be calculated from the day the administrative offense was discovered. It should be borne in mind that the day of detection of a continuing administrative offense is the day when an official authorized to draw up a protocol on an administrative offense revealed the fact of its commission.

Also, a special limitation period is established by Art. 4.5. Code of Administrative Offenses for imposing an administrative penalty in the form of disqualification: one year from the date of committing an administrative offense, and in the case of a continuing administrative offense - one year from the date of its detection.

The legislation provides for cases when, upon the fact of a person committed wrongful act initially, a criminal case is initiated, but later it is terminated, while the actions of the person contain signs of an administrative offense. In such cases, the limitation period for bringing to administrative responsibility is calculated from the date of the decision to terminate the criminal case (in the same way, the period is calculated in the event of a decision to refuse to initiate a criminal case).

Administrative punishment is a measure of responsibility established by the state for committing an administrative offense and used to prevent the commission of new offenses, both by the offender himself and by other persons.
The types of administrative punishments are enshrined in the Code of Administrative Offenses of the Russian Federation. These include:
- warning - a measure of administrative punishment, expressed in the official censure of an individual or legal entity. The warning is given in writing;
- an administrative fine is a monetary penalty, which is expressed in rubles and is set for citizens in an amount not exceeding five thousand rubles; for officials - fifty thousand rubles; for legal entities - one million rubles (in certain cases of the Code of Administrative Offenses of the Russian Federation - five million rubles), or it can be expressed in a certain multiple of.
- confiscation of the instrument of committing or the subject of an administrative offense - compulsory gratuitous recourse to federal property or to the ownership of a constituent entity of the Russian Federation of things not withdrawn from circulation;
- deprivation of a special right - the deprivation of an individual who has committed an administrative offense, previously granted him a special right for gross or systematic violation of the procedure for using this right in cases provided for by articles of the Special Part of the Code of Administrative Offenses of the Russian Federation. The term of deprivation of a special right may not be less than one month and more than three years;
- administrative arrest consists in keeping the offender in isolation from society and is established for a period of up to fifteen days, and for violation of the requirements of the state of emergency or the legal regime of a counter-terrorist operation - up to thirty days. Appointed only in exceptional cases for certain types of administrative offenses;
- administrative expulsion from the Russian Federation of a foreign citizen or stateless person consists in the forced and controlled movement of these persons across the State border of the Russian Federation outside its territory;
- disqualification - deprivation of an individual of the right to fill positions of the federal state civil service, positions of the state civil service of a constituent entity of the Russian Federation, positions municipal service hold positions in executive body management of a legal entity, to be a member of the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, as well as to manage a legal entity in other cases. Disqualification is established for a period of six months to three years.
- administrative suspension of activities - temporary termination of activities of persons engaged in entrepreneurial activities without forming a legal entity, legal entities, their branches, representative offices, structural divisions, production sites, as well as the operation of units, facilities, buildings or structures, the implementation of certain types of activities (works) , provision of services. Administrative suspension of activities is established for up to ninety days.

More on the topic Administrative punishment: concept and types:

1. § 4. Definition and division, generalization and limitation of concepts. The value of logical operations in law
2. § 1. Content of administrative punishment in the form of administrative expulsion from the Russian Federation of a foreign citizen or stateless person
3. § 2. The ratio of administrative expulsion from the Russian Federation of a foreign citizen or stateless person and deportation

Article 3.2 of the Administrative Code establishes the following types administrative penalties:

1) warning;

2) an administrative fine;

3) confiscation of the instrument of committing or the subject of an administrative offense;

4) deprivation of a special right granted to an individual;

5) administrative arrest;

6) administrative expulsion from the Russian Federation of a foreign citizen or stateless person;

7) disqualification;

8) administrative suspension of activities.

Only the first four types of administrative penalties can be applied to a legal entity.

The administrative penalties listed in clauses 3 - 8 of the above article are established only by the Code of Administrative Offenses, i.e. federal law.

A warning and an administrative fine can be introduced and applied on the basis of the laws of the constituent entities of the Russian Federation on administrative responsibility.

This system of administrative punishments is characterized by a number of features.

Firstly, this system is the only legally established list of administrative penalties, which allows for a uniform understanding and application of these means of law enforcement.

Secondly, other types of administrative punishments, in addition to those indicated above, can only be established legislative acts RF and only in accordance with general provisions and the principles of the legislation on administrative offenses.

Thirdly, it differentiates administrative punishments into basic and additional (compensated seizure, confiscation, administrative expulsion), and the latter can be established and applied as both the main and additional punishment; other administrative penalties can be established and applied only as the main ones. For a specific administrative offense, the main or main and one of the additional punishments specified in the sanction applied articles of the Code of Administrative Offenses... The simultaneous application of two main or two additional penalties is not allowed.

Fourthly, this system includes punishments of a moral nature (warning), monetary and property punishments (fines, confiscation), and punishments directed at the identity of the offender (administrative arrest, deprivation of special rights, expulsion).

The warning applies to individuals and legal entities who have committed minor violations of the established rules, when they are not of a pronounced antisocial character.

A warning may be imposed if it is provided for by the relevant article of the Code of Administrative Offenses or a normative act of a constituent entity of the Russian Federation establishing administrative responsibility.

Applying a warning to an offender entails certain negative consequences for him, usually of a moral nature. At the same time, the Code (Art. 4.3) connects with the fact of repeated or repeated application of the warning to the violator, bringing him to greater responsibility.

A warning is an administrative penalty and can entail the occurrence of certain legal consequences only when it is issued in writing or fixed in another established way in the decision of an official who brings the violator to administrative responsibility (for example, by punching a coupon for a certificate for the right to drive a small boat) ...

Oral remarks, which are a means of persuasion and, of course, are not administrative punishments, must be distinguished from prevention as a measure of administrative punishment.

Administrative fine - a monetary penalty imposed on violators of administrative and legal norms jurisdictional authorities or their authorized representatives within the limits stipulated by the legislation. It is expressed in the receipt of a certain amount of money from the violator as the income of the state.

Norms administrative law provide for a fine in two forms: with an indication of the limits of the fine (a relatively definite sanction) and with an exact indication of the amount of the fine (an absolutely definite sanction). In the vast majority of cases regulations establish relatively definite penalties, which makes it possible, when imposing a fine, to take into account the nature of the offense, the identity of the offender, the degree of his guilt, property status, circumstances that mitigate and aggravate liability.

The fine is provided by law as a penalty for almost all types of administrative offenses. Moreover, it can be established not only by the Code of Administrative Offenses, but also by legislative acts of the constituent entities of the Russian Federation.

The sizes of fines and the methods of their establishment are very diverse. First, they are expressed as a multiple of the minimum wage, excluding district coefficients, established by the legislation of the Russian Federation at the time of the end or suppression of the offense. This value is not constant and is adjusted for inflation by the law of the Russian Federation.

Secondly, the size of the fine may correspond to the multiple value of the subject of an administrative offense at the time of its termination or suppression. Thus, the amount of the fine may correspond to the multiple value of the stolen, lost and damaged property. For example, Art. 7.27 of the Administrative Code establishes that petty theft of someone else's property by theft, fraud, embezzlement or embezzlement entails the imposition of an administrative fine in the amount of up to three times the value of the stolen property, but not less than one minimum size wages (minimum wages); Art. 15.25 of the Administrative Code provides for violation of the established procedure for crediting to accounts in authorized banks of the proceeds due for exported work, services, results intellectual activity- a fine in the amount of the cost of works, services and the results of intellectual activity, which were the subjects of an administrative offense. In these cases, the amount of the fine may not exceed three times the value of the corresponding item, the amount of unpaid taxes and fees.

Thirdly, the fine may be equal to the amount of unpaid taxes, fees payable at the time of the end or suppression of an administrative offense, or the amount of illegal currency transactions, or the amount of the unpaid administrative fine. So, concealment or understatement of actually received tax income entails the imposition of a fine in the amount corresponding to the hidden (underestimated) amount of income.

Fourth, the amount of fines in the field of customs regulation is determined in terms of a multiple of the value of goods and (or) vehicles that were the subject of an administrative offense, or in terms of a multiple of unpaid customs payments.

The Code establishes that the amount of an administrative fine imposed on citizens and calculated on the basis of the minimum wage cannot exceed 5,000 rubles, for officials - 50,000 rubles, for legal entities - 1,000,000 rubles.

The amount of the administrative fine cannot be less than 100 rubles.

Confiscation of the instrument of committing or the subject of an administrative offense. This measure of administrative punishment consists in the compulsory gratuitous circulation of things not withdrawn from circulation into federal property or into the property of a constituent entity of the Russian Federation. In this case, only property that is in the personal property of the offender can be confiscated.

The Code establishes the confiscation of only those items that are instruments, means or direct subjects of administrative offenses. So, manufactured products, tools of production and raw materials can be confiscated for carrying out entrepreneurial activities without a special permit (license), if their presence is mandatory; goods, the free sale of which is prohibited or restricted; radio-electronic means or high-frequency devices, means of communication, if there is no permit (license) for them; products of the media in the event of abuse of the freedom of this information.

Based on Part 3 of Art. 35 of the Constitution of the Russian Federation, which established that "no one can be deprived of their property except by a court decision," confiscation as a type of administrative punishment can only be applied by judges.

From confiscation as a type of administrative punishment for a committed administrative offense, leading to the deprivation of the owner of the right to certain property, the withdrawal (arrest) of material objects of property from the illegal possession of the guilty person as a measure of restraint or procedural measure ensuring the proceedings on cases of administrative offenses, used, among other things, to ensure possible subsequent confiscation. Such seizure (seizure) of property, carried out by executive authorities, to a certain extent restricts the owner's right to use and dispose of it, but does not give rise to the transfer of ownership to the state. Therefore, it is produced without judgment, which does not prevent the appeal of such seizure (arrest) in court.

Prior to the court decision, officials of executive power bodies exercising the powers established by law have the right to seize things, documents from the offender, seize property, detain vehicles, etc. precisely because all these measures, while not being a sanction for a committed offense, do not entail deprivation of property (car, motor boat, hunting rifle, etc.). At the moment of such a seizure, neither the act itself nor the guilt in its commission can be considered established. These circumstances require subsequent consideration and proof in the course of a proper procedure, the features of which depend on the nature of the possible sanction, since it determines the essence of the restrictions on rights, freedoms and legitimate interests... The seized property is stored until the case is considered, then, depending on the outcome of the case, it is confiscated in the prescribed manner or returned to the owner or destroyed.

The confiscation of hunting weapons, ammunition, other permitted hunting or fishing gear cannot be applied to persons for whom hunting or fishing is the main legal source of livelihood.

Deprivation of a special right previously granted to a given citizen is applied for gross or systematic violation of the procedure for using this right in cases provided for by articles of the Special Part of the Code of Administrative Offenses. The term of deprivation of such a right may not be less than one month and more than two years.

Deprivation of a special right is most often applied to vehicle drivers. In accordance with the Federal Law "On Security road traffic"of December 10, 1995, the types of offenses entailing deprivation of the right to drive vehicles as a measure of responsibility are established by federal law. Deprivation of a driver's license is provided for by the Code of Administrative Offenses for gross violations of the Road Traffic Rules, for example, driving vehicles by drivers who are in a state intoxication, refusal to undergo a medical examination, violation of traffic rules through railways violation by drivers of the rules of the road or the operation of vehicles, resulting in the infliction easy harm the victim's health, navigating the boat by the navigator in a state of intoxication. Deprivation of the right to hunt is applied for violation of the hunting rules.

Administrative punishment in the form of deprivation of special rights is associated with significant legal restrictions, since it entails a ban on engaging in certain activities during the period specified in the decree on the application of this punishment: for a professional driver - a ban on working in a specialty for a certain period, and for an amateur driver - drive a vehicle belonging to him (car, motorcycle, small boat, etc.) for a specified period. Deprivation of the right to hunt means a ban on hunting for a certain period.

The Code refers the application of the considered administrative punishment to the competence various bodies... Deprivation of the right to drive motor transport and urban electric transport is applied by judges; the rights to drive tractors, combines and other self-propelled agricultural machines - the state agricultural supervision authorities, to operate small boats - the state inspection bodies for small boats Ministry of Emergency Situations. The right to impose an administrative penalty in the form of deprivation of the right to hunt is granted to the bodies exercising state supervision over the observance of hunting rules. In Art. 23.1 of the Code of Administrative Offenses it is established that deprivation of a special right is appointed by a judge in cases where the body or official to whom the case of such an administrative offense has been submitted transfers it to the judge for consideration.

Administrative arrest, i.e. the confinement of the offender in isolation from society is established for up to 15 days, and for violation of the requirements of the state of emergency or the regime in the area of ​​the counter-terrorist operation - up to 30 days. Administrative arrest is ordered by a judge only.

Administrative arrest is established and imposed only in exceptional cases for certain types of administrative offenses. It cannot be applied to pregnant women, women with children under the age of 14, to persons under the age of 18, to persons with disabilities of I and II groups.

Administrative arrest is a harsh administrative punishment and is applied for offenses bordering in their public danger with crimes, or for the malicious commission of administrative offenses. Arrest consists in the deprivation of the guilty person's liberty for a period established by the decision in the case of the offense committed. The conditions for serving this sentence are very strict. Persons subjected to administrative arrest are kept in special detention centers or temporary detention facilities of the internal affairs bodies.

Usually, administrative arrest is applied to citizens. However, in a state of emergency, it can also be applied to officials.

Term administrative detention included in the term of administrative arrest.

Administrative arrest is provided, in particular, for the following administrative offenses: the consumption of narcotic drugs or psychotropic substances without a doctor's prescription; petty hooliganism; leaving by the driver, in violation of the Traffic Regulations, the place of a road traffic accident, of which he is a participant; disobedience to a lawful order of a police officer, serviceman or employee of the penal system; demonstration of fascist paraphernalia or symbols; failure to comply with a lawful order of the judge to terminate actions that violate the rules established in the court, etc.

Application of administrative arrest does not entail a criminal record and is not a basis for dismissal from work.

Administrative expulsion from the Russian Federation of a foreign citizen or stateless person consists in their forced and controlled movement across the State border of the Russian Federation outside the Russian Federation, and in cases provided for by law, in a controlled independent departure from the Russian Federation.

Administrative expulsion from the Russian Federation as a measure of administrative punishment is established in relation to foreign citizens and stateless persons and is appointed by a judge, and if they commit an administrative offense upon entering The Russian Federation- appropriate officials border service.

Thus, administrative expulsion as a measure of administrative punishment for a committed offense must be distinguished from deportation (sending, transfer) of foreign citizens and stateless persons as a measure of administrative restraint. This measure is applied to foreign citizens and stateless persons who do not have the status of persons legally residing or staying in the territory of the Russian Federation and crossing the State border from the territory of a foreign state without documents established for entry into the Russian Federation, or in case of cancellation of a temporary residence permit , a residence permit, as well as a reduction in the period of stay in the Russian Federation.

In cases where, in relation to the indicated violations of the State Border, there are no grounds for initiating a criminal case or proceedings in a case on an administrative offense and the relevant persons do not enjoy the right to receive political asylum, the border service authorities detain them and officially hand them over to the authorities of the state from whose territory they crossed the state border of the Russian Federation.

Disqualification as a measure of administrative punishment consists in depriving an individual of the right to hold managerial positions in the executive body of a legal entity, to be a member of the board of directors (supervisory board), to carry out entrepreneurial activities to manage a legal entity, and also to manage a legal entity in other cases provided for by law RF.

Disqualification can be applied to persons performing organizational and administrative or administrative functions in the body of a legal entity, to members of the board of directors, as well as to persons carrying out entrepreneurial activities without forming a legal entity, including arbitration managers.

Disqualification is established for a period of six months to three years.

Administrative suspension of activities consists in the temporary cessation of activities of persons engaged in entrepreneurial activities without the formation of a legal entity, legal entities, their branches, representative offices, structural divisions, production sites, as well as the operation of units, objects, buildings or structures, the implementation of certain types of activities (work) , provision of services. Administrative suspension of activities is applied in the event of a threat to the life or health of people, the occurrence of an epidemic, epizootic, contamination (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 circulation narcotic drugs, psychotropic substances and their precursors, in the field of combating the legalization (laundering) of proceeds from crime, and the financing of terrorism, in the field of restrictions established in accordance with federal law with respect to foreign citizens, stateless persons and foreign organizations on the implementation of certain types of activities in the field of the rules for attracting foreign citizens and stateless persons to labor activities carried out at shopping facilities (including shopping malls), in the field of management procedures, in the field of public order and public safety, as well as in the field of urban planning activities.

Administrative suspension of activities shall be imposed by a judge only in cases provided for by articles of the Special Part of this Code, if a less severe type of administrative punishment cannot ensure the achievement of the goal of the administrative punishment.

Administrative suspension of activities is established for up to ninety days.

A judge, on the basis of a petition of a person carrying out entrepreneurial activity without forming a legal entity, or a legal entity, early terminates the execution of an administrative penalty in the form of an administrative suspension of activity, if it is established that the circumstances specified in part 1 of this article, which served as the basis for the imposition of this administrative penalty, have been eliminated ...

Articles of the Special Part of the Code of Administrative Offenses provide for disqualification for violation of labor and labor protection legislation, for fictitious or deliberate bankruptcy, misconduct in case of bankruptcy, improper management of a legal entity, etc.

An administrative penalty in the form of disqualification is imposed by a judge.