Administrative responsibility of legal entities: main provisions and application features

In the legal theory and practice one of thecentral concepts is "responsibility". Under it is usually understood the relationship of the subject with the state, society or with some other entity. In turn, this relationship is that the entity, in the formalization of relations, assumes certain obligations, which include, among other things, strict adherence to those requirements that are imposed on it in accordance with this treaty.

Administrative responsibility of legal entities

The subject of these relations can be not onlyindividual citizens (as individuals), but also legal entities, that is, organizations. Concluding certain agreements, entering into interaction with the state or with other organizations, legal entities assume the responsibility for the implementation of these agreements, as well as for the activities strictly in the legal field.

The question of how much administrativeresponsibility of legal entities, has been repeatedly raised in the most diverse legal literature. Indeed, the organization, in particular, does not have the psyche, hence, such an important element of the offense as wine is disappearing. However, to date, all discussions have remained in the past. Both individuals and legal entities are brought to administrative responsibility.

Features of Administrative Liability of Legal Entities

Introduction to the legal practice of such a concept,as "administrative responsibility of legal entities" means that these general entities are subject to general provisions of the Code of Administrative Offenses. As a consequence, the general person and the principles of imposing such punishments, the procedure for their implementation and appeals will be extended to a legal entity, if brought to administrative responsibility.

The main legal elements of the offense,as a result of which it is necessary to talk about such a concept as the administrative responsibility of legal entities, an especial part of the Code of Administrative Offenses includes offenses that result in encroachment on the life, health and epidemiological well-being of citizens, property, nature protection, public order and state security.

Administrative Responsibility

Features of administrative responsibilitylegal entities derive primarily from the specifics of the main components of the administrative offense in relation to these subjects of law. Thus, the main objects of administrative violations are the protection of the individual, the protection of fundamental freedoms and the rights granted by law, the protection of public security, as well as the protection by the state of legitimate financial and economic interests (both individuals and legal entities).

The most important in determining the compositionthe detection of the subject of the given wrongful act. In the case under consideration, a legal entity should be recognized as such. In the provisions of civil and administrative law applicable to our country, there is an important point, according to which subjects of the same administrative offense can be both a legal entity and an individual. Proceeding from this, the recognition of illegal activities of a legal entity does not relieve from liability those citizens who directly carried out this activity.

One of the main elements included in the concept of"Administrative responsibility of legal entities", acts as a subjective side of this illegal act. After numerous discussions and explanations from the Constitutional Court, currently in the Russian legislation this element is considered as a mental attitude to him of the whole collective as a whole, with a significant role of leading employees. As in the case of individuals, intent and negligence are the main forms of guilt.

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