Administrative responsibility of legal entities: main provisions and application features

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

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

The question of whether administrative responsibility of legal entities is possible 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 the discussions are in the past. Both individuals and legal entities are brought to administrative responsibility.

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

The main legal elements of the offense, due to which it is necessary to talk about such a concept as the administrative liability of legal entities, a special 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.

The peculiarities of administrative responsibility of legal entities arise, first of all, 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 factor in determining the composition of the offense is the identification of the subject of this wrongful act. In the case under consideration, such a person should be recognized as a legal entity. 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 exempt from liability those citizens who directly carried out this activity.

One of the main elements that make up the concept of "administrative responsibility of legal entities" is guilt 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 regarded 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.