Suspension of Activities Creating Risk of Causing New Harm: the Ratio of Administrative and Civil Law Regulation

Abstract

The question of the relationship between the provisions of paragraph 2 of Article 1065 of the Civil Code providing for suspension of production activities that create a risk of causing new (repeated) harm, and Article 3.12 of the Administrative Code regulating the suspension of activities as a type of administrative punishment. The subject of the study is the complex institute of suspension of activity in Russian law, as well as the public relations regulated by it and the practice of its enforcement. The purpose of the study is to explore grounds for suspending activities provided for by civil legislation and legisla explore grounds for suspending activities provided for by civil legislation and legislation on administrative offenses, their correlation and interaction. The general method of historical materialism, general scholar methods of generalization, analysis, synthesis and comparison, and a special legal method were used to conduct the research. The article presents an analysis of the works of researchers concerning the correlation of liability and protection measures in general and the provisions of Article 1065 of the Civil Code and Article 3.12 of the Administrative Code in particular. Taking into account the conditionality of a number of criteria proposed in the doctrine for the correlation of the studied socio-legal phenomena, an attempt has been made to construct a complex institution of suspension of activity in Russian law with the allocation of different in nature, purpose and prevailing function of the legal grounds for its application. A brief description of the named institute, the grounds and conditions for its application, and the procedures for its implementation are given. Particular attention is devoted by author to the question of partial coincidence of the grounds for the application of the suspension sanction specified in codes mentioned. The problem occurs if the danger of causing repeated (new) harm is caused by industrial activity, and the behavior of the person performing it contains signs of an administrative offense, for that a penalty in the form of suspension of activity is provided. The possibility of alternative or combined application of these legislative provisions is substantiated. The necessity of resolving the highlighted issue at the legislative level is substantiated.