Aleksey Panov1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

Some issues of bringing to administrative liability as a way to efficiency and equity

2011. No. 4. P. 106–111 [issue contents]

Panov Alexey - postgraduate student, Russian Academy of Justice, E-mail: alex@panov.in
Address: Novocheryomushkinskaya St., 69, bldg.A, 117418, Moscow, Russia

This article deals with specific current problems of efficiency and equity of the administrative liability. Among the issues to be discussed, there are the problems of lawful representative of a legal person, limitations on bringing to administrative liability. These issues are still pending for legislation procedure and worth being appropriately studied. In particular, the author notices that the categories of equity and efficiency are inseparable in administrative liability and equity is repeatedly regarded in the article as a criterion of efficiency of the administrative liability. The author shows that as restored social equity is one of the common aims of legal liability, thus the application of a fair punishment serves as a criterion for an efficient administrative liability. Solving the problems shown in the article may serve as an efficient way of achieving efficiency and equity. Besides an extensive area of bringing to responsibility, the author specifies some institutions to secure equity and efficiency. One of them is a controversial institution of the limitation of bringing to administrative responsibility. The paper shows that on the one hand limitation is a ground to escape administrative responsibility i.e. its individualization depending on the circumstances of committing administrative offence, on the other hand, differentiating the limitations depending on the object of security incident promotes to differentiating punishment under this criterion. The author concludes that this differentiation does not promote to a significant efficiency of administrative and jurisdictional bodies as at the distance of time collecting evidence and bringing the delinquent to responsibility will be cumbersome. The author proposes to amend article 25.4 of Administrative Offences Code of the Russian Federation aimed at specifying the authorized representatives of the legal person.

Citation: Panov Alexey Borisovich (2011) Nekotorye voprosy poriadka privlecheniia k administrativnoi otvetstvennosti kak put' k effektivnosti i spravedlivosti [Some issues of bringing to administrative liability as a way to efficiency and equity ] Pravo. Zhurnal Vysshei shkoly ekonomiki, 4, pp. 106-111 (in Russian)
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