Kotlyarov Yu.V. Administrative liability in the field of technical regulation: urgent questions of law enforcement practice and its improvement

Abstract: The author considers the aspects of administrative liability enforcement in cases of violation of the legislation in the sphere of technical regulation in the Russian Federation, and the ways of its improvement. Special attention is paid to the principles of justice, legal liability individualization, and the proportionality of the punishment to the gravity of the crime when defining the sums of administrative penalties. The author studies the problem of the turnover-based fine application as a means of repeated offences reduction and the economic entities’ honest behavior encouragement. The methodology of the research is based on the dialectical method and the systems approach. The author applies the methods of analysis, generalization, synthesis, and prognostication. The author concludes that it is rather hard to observe the proportionality criteria and to ensure the individualization of the punishment when applying the administrative fine with the lower limit from 100000 rubles. In some cases such a fine is used as an instrument of economic independence suppression. The author offers to apply the differentiated approach in order to define the amount of penalties, imposed on economic entities, and to apply the fine calculated according to the share of the turnover of capital of the company for the certain period, taking into consideration all mitigating and aggravating circumstances, rather than to apply the fixed fine. 

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