General rules for imposing administrative penalties. Imposing an administrative penalty What must be taken into account when imposing an administrative penalty

Article 4.1. General rules for imposing administrative punishment

1. Administrative punishment for committing administrative offense appointed within the limits established by the law providing for liability for this administrative offense, in accordance with this Code.

2. Upon appointment administrative punishment to an individual the nature of the administrative offense committed by him, the identity of the perpetrator, his property status, mitigating circumstances are taken into account administrative responsibility, and circumstances aggravating administrative liability.

2.1. When imposing an administrative penalty for committing administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors to a person recognized as a drug addict or consuming narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, the judge may impose a duty on such person undergo diagnostics, preventive measures, treatment for drug addiction and (or) medical and (or) social rehabilitation in connection with the use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances. Control over the fulfillment of such duties is carried out by authorized federal authorities executive branch in the manner established by the Government Russian Federation.

2.2. In the presence of exceptional circumstances related to the nature of the administrative offense committed and its consequences, the personality and property status of the individual brought to administrative responsibility, the judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses may be punished with an administrative fine of less than minimum size an administrative fine provided for by the relevant article or part of the article “Section II” of this Code, if the minimum amount of the administrative fine for citizens is at least ten thousand rubles, and for officials - at least fifty thousand rubles.

2.3. When imposing an administrative penalty in accordance with “Part 2.2” of this article, the amount of the administrative fine cannot be less than half the minimum amount of the administrative fine provided for citizens or officials by the relevant article or part of the article “Section II” of this Code.

3. When imposing an administrative penalty on a legal entity, the nature of the administrative offense committed by it, the property and financial position of the legal entity, circumstances mitigating administrative liability, and circumstances aggravating administrative liability are taken into account.

3.1. In cases provided for in “Part 3 of Article 28.6” of this Code, administrative punishment is imposed in the form of an administrative fine. In this case, the amount of the imposed administrative fine must be the smallest within the sanction of the applicable article or part of the article “Section II” of this Code, and in cases where the sanction of the applied article or part of the article “Section II” of this Code provides for an administrative penalty in the form of deprivation of the right to drive vehicles or administrative arrest and there is no provision for administrative punishment in the form of an administrative fine, administrative punishment is imposed in the form of an administrative fine in the amount of five thousand rubles.

3.2. In the presence of exceptional circumstances related to the nature of the administrative offense committed and its consequences, the property and financial status of the legal entity brought to administrative responsibility, the judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses, may impose punishment in the form of an administrative fine in an amount less than the minimum amount of the administrative fine provided for by the relevant article or part of the article “Section II” of this Code, if the minimum amount of the administrative fine for legal entities is at least one hundred thousand rubles.

3.3. When imposing an administrative penalty in accordance with “Part 3.2” of this article, the amount of the administrative fine cannot be less than half the minimum amount of the administrative fine provided for legal entities by the relevant article or part of the article “Section II” of this Code.

3.4. In the cases provided for by Part 4 of Article 28.6 of this Code, an administrative penalty in the form of an administrative fine is imposed in the amount of one third of the minimum amount of the administrative fine provided for by Parts 2, 4 and 6 of Article 14.5 of this Code.

3.5. Administrative punishment in the form of a warning is imposed in cases where it is provided for by the relevant article of Section II of this Code or the law of a constituent entity of the Russian Federation on administrative offenses for first-time administrative offenses in the absence of causing harm or threat of harm to the life and health of people, animal objects and flora, environment, objects cultural heritage(historical and cultural monuments) of the peoples of the Russian Federation, state security, threats emergency situations natural and man-made, as well as in the absence of property damage.

3.6. If, when imposing an administrative penalty for committing an administrative offense provided for in Part 4 or 5 of Article 20.31 of this Code, the court, taking into account the length of residence foreign citizen or a stateless person in the Russian Federation, his marital status, attitude towards payment Russian taxes, availability of income and provision of housing on the territory of the Russian Federation, type of activity and profession, law-abiding behavior, application for admission to Russian citizenship and other circumstances, comes to the conclusion that administrative expulsion from the Russian Federation is an excessive restriction of the right to respect for private life and is disproportionate to the purposes of administrative punishment, an administrative penalty is imposed in the form of an administrative fine in the amount of forty thousand to fifty thousand rubles or an administrative ban on visiting venues for official sports competitions on the days they are held for a period of one to seven years.

3.7. For an administrative offense provided for in Part 4 or 5 of Article 20.31 of this Code, administrative punishment in the form of administrative arrest for up to fifteen days with administrative deportation from the Russian Federation may be imposed on a foreign citizen or stateless person if such an administrative offense was committed when holding official international sports competitions.

4. The imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed.

5. No one can be held administratively liable twice for the same administrative offense.

Appointed within the limits established by the Code of Administrative Offenses of the Russian Federation or the law of a subject of the Russian Federation on administrative offenses, providing for liability for this act. The sanctions of the articles defining liability for certain types of administrative offenses stipulate the type of punishment and its permissible amounts.

The question often arises: should a person who has suffered an administrative penalty then fulfill the requirement of the norm for failure to comply with which he was held administratively liable? Yes, it should. It must be clearly understood that the imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed.

When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his property status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account. At the same time, the number of personality characteristics specified in the Code of Administrative Offenses of the Russian Federation, which make it possible to determine whether the appointment is permissible to this person administrative punishment, and if permissible, which one, include: age, gender, citizenship, occupation, official position, official position, health status, etc.

When imposing an administrative penalty on a legal entity, the nature of the administrative offense committed by it, the property and financial position of the legal entity, circumstances mitigating administrative liability, and circumstances aggravating administrative liability are taken into account.

In accordance with Art. 4.2 of the Code of Administrative Offenses of the Russian Federation, the following are recognized as circumstances mitigating administrative liability:

repentance of the person who committed the administrative offense;
voluntary reporting by a person of an administrative offense committed by him;
prevention by the person who committed the administrative offense of the harmful consequences of the administrative offense, voluntary compensation for the damage caused or elimination of the harm caused;
committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;
commission of an administrative offense by a minor;
commission of an administrative offense by a pregnant woman or a woman with a young child.

Most of the listed circumstances can only be taken into account in relation to an individual. Only voluntary notification by a person of an administrative offense committed by him, prevention of harmful consequences of an administrative offense, voluntary compensation for damage or elimination of harm caused are applicable to legal entities.

A judge, body, or official considering a case of an administrative offense may recognize other circumstances not specified in the Code of Administrative Offenses of the Russian Federation or in the laws of constituent entities of the Russian Federation on administrative offenses as mitigating circumstances.

According to Art. 4.3 of the Code of Administrative Offenses of the Russian Federation, circumstances aggravating administrative liability include:

continuation of illegal behavior despite the demand of authorized persons to stop it;
re-commitment homogeneous administrative offense, if for committing the first administrative offense the person has already been assigned an administrative punishment, for which the provisions provided for in Art. 4.6 of the Code of Administrative Offenses of the Russian Federation and the period discussed below during which a person is considered subject to administrative punishment;
involvement of a minor in an administrative offense;
commission of an administrative offense by a group of persons;
committing an administrative offense during a natural disaster or other emergency circumstances;
committing an administrative offense while intoxicated.

The specified aggravating circumstances are exhaustive, no other factors can be interpreted as such. Taking into account aggravating circumstances makes it possible to strengthen administrative liability within the sanction of an article of the Special Part of the Code of Administrative Offenses of the Russian Federation or the law of a constituent entity of the Russian Federation on administrative offenses, and to apply additional punishment.

However, the listed circumstances cannot be taken into account as aggravating ones if they are provided for as a qualifying feature of an administrative offense by the relevant rules on administrative responsibility for committing an offense. For example, the commission of an administrative offense under emergency circumstances is not recognized as a circumstance aggravating administrative liability for violating the requirements of the state of emergency (Article 20.5 of the Code of Administrative Offenses of the Russian Federation).

According to Art. 2.8 of the Code of Administrative Offenses of the Russian Federation is not subject to administrative liability if an individual who, at the time of committing illegal actions (inaction) was in a state of insanity, i.e. could not realize the actual nature and illegality of his actions (inaction) or manage them due to a chronic mental disorder, temporary mental disorder disorder, dementia or other mental illness.

A person who acted in a state of extreme necessity is also not subject to administrative liability, i.e. to eliminate a danger that directly threatens the personality and rights of this person or other persons, as well as the legally protected interests of society or the state, if this danger could not be eliminated by other means. and if the harm caused is less significant than the harm prevented. According to Art. 2.7 of the Code of Administrative Offenses of the Russian Federation, causing harm by a person to legally protected interests in a state of extreme necessity is not an administrative offense.

In this case, it is necessary to distinguish between lawful actions in conditions of extreme necessity and exceeding the limits of extreme necessity. The latter means causing harm that is clearly inconsistent with the nature and degree of the threat. It is customary to distinguish the following conditions for the legality of actions in a state of emergency:

the danger must not be abstract, but quite specific, containing a direct threat of harm to a given person or other persons, as well as to the legally protected interests of society or the state;
the danger under these circumstances cannot be realistically and timely eliminated by other means, i.e., without harming another legal benefit or the legally protected interests of other persons;
the harm caused must be less significant than the harm prevented. When comparing harm, one should proceed from the fact that human life and health are always above property interests. If they are compared material assets, we must proceed from an assessment of the value of the saved and damaged (lost) property.

A judge, body, or official authorized to resolve a case of an administrative offense may also release the person who committed the administrative offense from administrative liability and limit himself to an oral remark if the administrative offense committed is insignificant. In this case, the nature of the offense committed must be taken into account first of all. A distinctive feature of a minor offense is the fact that, although all the elements of an offense are formally present, it does not itself contain any dangerous threats to the individual, society or the state.

An important principle of administrative responsibility, based on the principle inherent legal liability in general, it is inadmissible to double administrative responsibility. Taking into account Art. 4.1 of the Code of Administrative Offenses of the Russian Federation, no one can bear administrative responsibility twice for the same administrative offense. For one offense, a primary or primary and additional administrative punishment may be imposed from those established in the Special Part of the Code of Administrative Offenses of the Russian Federation or the law of a subject of the Russian Federation on administrative liability. The imposition of two main administrative penalties is unlawful, since in this case the responsibility is doubled. The imposition of two additional punishments without the main one is also unlawful.

To understand the rules for imposing administrative punishment when committing several administrative offenses, it is important to understand what plurality misconduct. Multiplicity is understood as a situation in which each act committed by a person forms an offense and is qualified according to its own article of the Code of Administrative Offenses of the Russian Federation or the law of a constituent entity of the Russian Federation on administrative offenses. This refers to offenses for which the person has not been subjected to administrative punishment and the statute of limitations for bringing to administrative responsibility for which has not expired.

IN law enforcement practice There are often cases when a person, through various actions (inaction), commits two or more administrative offenses. In legal theory this is called a set of offenses. The totality of offenses is characterized by the following circumstances:

the person has committed two or more administrative offenses, for each of which the statute of limitations for holding administrative liability has not expired, and for none of which an administrative penalty has been imposed;
administrative offenses could be committed both simultaneously as a result of one action (inaction) and at different times;
each of the committed offenses is qualified under a separate article (part of the article) normative act, providing for administrative responsibility.

Unlike criminal legislation, the legislation on administrative offenses does not provide for the possibility of adding up punishments imposed for several offenses. The rules that judges, bodies, and officials must follow when imposing administrative punishment for a set of offenses are established by Art. 4.4 Code of Administrative Offenses of the Russian Federation.

By general rule When a person commits two or more administrative offenses, an administrative penalty is imposed for each administrative offense committed.

The exception is cases of offenses committed in aggregate, considered by the same subject of administrative jurisdiction (judge, body, official). At the same time, the imposition of administrative punishment for a set of offenses involves simultaneous consideration of cases. In such cases, an administrative penalty is imposed within the limits of the sanction, which provides for the imposition of a more severe administrative penalty on the person. Here it is necessary to clarify that, according to Part 3 of Art. 3.4 of the Code of Administrative Offenses of the Russian Federation, administrative punishment is imposed:

within the limits of a sanction that does not provide for the imposition of an administrative penalty in the form of a warning, if one of these sanctions provides for the imposition of an administrative penalty in the form of a warning;
within the limits of the sanction, the application of which may impose the greatest administrative fine in monetary terms, if the specified sanctions provide for the imposition of an administrative penalty in the form of an administrative fine.

When imposing an administrative penalty for a set of offenses, additional administrative penalties provided for by each of the relevant sanctions may be imposed.

When assigning administrative penalties, it is necessary to distinguish the commission of several offenses from offenses committed repeatedly or repeatedly. Repeated or repeatedly committed offenses are often complex in their legal structure, but always homogeneous, in contrast to the aggregate, when a person commits several different administrative offenses. Repetition or repetition as a qualifying feature can be enshrined in the disposition of specific articles of the Code of Administrative Offenses of the Russian Federation or laws of constituent entities of the Russian Federation on administrative offenses.

Repetition or frequency is characterized by the commission of two or more homogeneous administrative offenses for which a person was previously brought to administrative responsibility, but the period during which the person is considered subject to administrative punishment has not expired. Homogeneity means that the newly committed offense and the previous offense are provided for by the same article or part of the article, they have the same or similar direct objects of an administrative offense, motives and conditions for their commission. If a person was released from administrative liability for a previously committed administrative offense, the newly committed homogeneous offense cannot be recognized as repeated.

May be associated with causing physical, property or moral harm to the victim. Physical harm caused as a result of an administrative offense, as a rule, is expressed in slight harm to human health.

In the Code of Administrative Offenses of the Russian Federation, along with the term “harm”, the term “damage” is used as a synonym. This is done, in particular, in Art. 4.7 of the Code. According to this article, a judge, when considering a case of an administrative offense, has the right, in the absence of a dispute about compensation for property damage, simultaneously with the imposition of an administrative penalty, to resolve the issue of compensation for property damage.

A dispute over compensation for property damage caused by an administrative offense is resolved by the court separately from the consideration of an administrative offense in civil proceedings. In a case of an administrative offense considered not by a judge, but by other subjects of administrative jurisdiction, the dispute over compensation for property damage is resolved by the court in civil proceedings.

A few words should be said about the imposition of administrative penalties on foreign citizens and stateless persons. In accordance with Art. 2.6 of the Code of Administrative Offenses of the Russian Federation, foreign citizens and stateless persons who have committed administrative offenses on the territory of the Russian Federation are subject to administrative liability for general principles. Foreign citizens and stateless persons who have committed administrative offenses on the continental shelf and in the exclusive economic zone of the Russian Federation are also subject to administrative liability on a general basis.

Stateless persons permanently residing in the Russian Federation who have committed administrative offenses outside Russia, in accordance with Part 2 of Art. 1.8 of the Code of Administrative Offenses of the Russian Federation are subject to administrative liability in accordance with this Code in cases provided for by an international treaty of the Russian Federation.

The question of the administrative responsibility of a foreign citizen enjoying immunity from the administrative jurisdiction of the Russian Federation in accordance with federal laws And international treaties of the Russian Federation and who has committed an administrative offense on the territory of the Russian Federation is resolved in accordance with the norms of international law.

General rules for imposing administrative punishment

1. Administrative punishment for committing an administrative offense is imposed within the limits established by the law providing for liability for this administrative offense, in accordance with this Code.

2. When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his financial status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.

3.1. In the cases provided for in Part 3 of Article 28.6 of this Code, administrative punishment is imposed in the form of an administrative fine. In this case, the amount of the imposed administrative fine must be the smallest within the sanction of the applicable article or part of the article of the Special Part of this Code, and in cases where the sanction of the applied article or part of the article of the Special Part of this Code provides for administrative punishment in the form of deprivation of the right to drive vehicles or administrative arrest, administrative punishment is imposed in the form of an administrative fine in the largest amount provided for citizens by Part 1 of Article 3.5 of this Code.

Circumstances mitigating administrative liability

1. The following circumstances are recognized as mitigating administrative liability:

1) repentance of the person who committed the administrative offense;

1.1) voluntary notification by a person about an administrative offense committed by him;

2) prevention by the person who committed the administrative offense of the harmful consequences of the administrative offense, voluntary compensation for the damage caused or elimination of the harm caused;

3) committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;

4) commission of an administrative offense by a minor;

5) commission of an administrative offense by a pregnant woman or a woman with a young child.

2. A judge, body, or official considering a case of an administrative offense may recognize as mitigating circumstances not specified in this Code or in the laws of the constituent entities of the Russian Federation on administrative offenses.

Circumstances aggravating administrative liability

1. The following are recognized as circumstances aggravating administrative liability:

1) continuation of illegal behavior, despite the demand of authorized persons to stop it;

2) repeated commission of a homogeneous administrative offense, if for committing the first administrative offense the person has already been subject to administrative punishment for which the period provided for in Article 4.6 of this Code has not expired;

3) involvement of a minor in the commission of an administrative offense;

4) commission of an administrative offense by a group of persons;

5) committing an administrative offense during a natural disaster or other emergency circumstances;

6) committing an administrative offense while intoxicated.

A judge, body, or official imposing an administrative penalty, depending on the nature of the administrative offense committed, may not recognize this circumstance as aggravating.

2. The circumstances provided for in part 1 of this article cannot be taken into account as aggravating if these circumstances are provided for as a qualifying feature of an administrative offense by the relevant rules on administrative responsibility for committing an administrative offense.

Imposing administrative penalties for committing several administrative offenses

1. If a person commits two or more administrative offenses, an administrative penalty is imposed for each administrative offense committed.

2. When a person commits one action (inaction) containing elements of administrative offenses, liability for which is provided for by two or more articles (parts of articles) of this Code and the consideration of cases of which is under the jurisdiction of the same judge, body, official, an administrative penalty is imposed within the limits of the sanction, which provides for the imposition of a more severe administrative punishment on the person who committed the specified action (inaction).

3. In the case provided for in Part 2 of this article, administrative punishment is imposed:

1) within the limits of a sanction that does not provide for the imposition of an administrative penalty in the form of a warning, if one of these sanctions provides for the imposition of an administrative penalty in the form of a warning;

2) within the limits of the sanction, the application of which may impose the largest administrative fine in monetary terms, if these sanctions provide for the imposition of an administrative penalty in the form of an administrative fine.

4. When imposing an administrative penalty in accordance with parts 2 and 3 of this article, additional administrative penalties provided for by each of the relevant sanctions may be imposed.

Limitation period for administrative liability

1. A decision in a case of an administrative offense cannot be made after two months (in a case of an administrative offense considered by a judge - after three months) from the date of commission of the administrative offense, for violation of the legislation of the Russian Federation on export control, on inland maritime waters, territorial sea, continental shelf, on the exclusive economic zone of the Russian Federation, patent, antimonopoly, budgetary, currency legislation of the Russian Federation and acts of authorities currency regulation, legislation of the Russian Federation on the protection environment, legislation on energy saving and increasing energy efficiency, legislation of the Russian Federation on protecting the health of citizens, in the field sanitary-epidemiological well-being of the population, safety traffic(in terms of administrative offenses that resulted in the infliction of slight or moderate harm to the health of the victim), about copyright and related rights, about trademarks, service marks and names of places of origin of goods, on the use of nuclear energy, on taxes and fees, on the protection of consumer rights, on state regulation of prices (tariffs), on natural monopolies, on the basics of tariff regulation for public utility organizations, on advertising, on the electric power industry, on lotteries, on elections and referendums, on participation in shared construction of apartment buildings and (or) other real estate, on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, on joint stock companies, about limited liability companies, about the market securities, about investment funds, about non-state pension funds, legislation on combating the misuse of insider information and market manipulation, as well as for violation of immigration rules, rules of stay (residence) in the Russian Federation for foreign citizens and stateless persons, rules for attracting labor activity in the Russian Federation of foreign citizens and stateless persons (including foreign workers), legislation on insolvency (bankruptcy), on placing orders for the supply of goods, performance of work, provision of services for state and municipal needs, on the organization of activities for the sale of goods (performance of work, provision of services) in retail markets, on fire safety, O industrial safety after one year from the date of commission of an administrative offense, for violation of the customs legislation of the Customs Union within the framework of the EurAsEC (hereinafter - Customs union) and (or) the legislation of the Russian Federation on customs affairs after two years from the date of commission of the administrative offense, and for violation of the legislation of the Russian Federation on combating corruption - after six years from the date of commission of the administrative offense.

2. In case of a continuing administrative offense, the periods provided for in Part 1 of this article begin to be calculated from the day the administrative offense was discovered.

3. For administrative offenses entailing the application of administrative punishment in the form of disqualification, a person may be brought to administrative responsibility no later than one year from the date of commission of the administrative offense, and in the case of a continuing administrative offense - one year from the date of its discovery.

4. In case of refusal to initiate a criminal case or termination of a criminal case, but if there are signs of an administrative offense in the person’s actions, the periods provided for in Part 1 of this article begin to be calculated from the date of the decision to refuse to initiate a criminal case or to terminate it.

5. If the request of a person in respect of whom proceedings are being conducted for an administrative offense to consider the case at the place of residence of this person is granted, the statute of limitations for bringing to administrative responsibility is suspended from the moment this request is satisfied until the materials of the case are received by the judge, body, official to the person authorized to consider the case, at the place of residence of the person in respect of whom proceedings are being conducted for an administrative offense.

5.1. The statute of limitations for bringing administrative liability for administrative offenses provided for in Article 6.18 of this Code regarding the use of a prohibited substance and (or) a prohibited method begins to be calculated from the day the all-Russian anti-doping organization receives a conclusion from a laboratory accredited by the World Anti-Doping Agency confirming the fact of the athlete’s use of a prohibited substance and (or) prohibited method.

6. The statute of limitations for bringing to administrative responsibility for administrative offenses provided for in Articles 14.9, 14.31, 14.31.1 - 14.33 of this Code begins to be calculated from the date of entry into force of the decision of the commission of the antimonopoly body, which established the fact of violation of the antimonopoly legislation of the Russian Federation.

The period during which a person is considered subject to administrative punishment

A person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment within one year from the date of completion of the execution of the decision to impose an administrative penalty.

Compensation for property damage and moral harm caused by an administrative offense

1. A judge, when considering a case of an administrative offense, has the right, in the absence of a dispute about compensation for property damage, simultaneously with the imposition of an administrative penalty, to resolve the issue of compensation for property damage.

Disputes regarding compensation for property damage are resolved by the court in civil proceedings.

2. In a case of an administrative offense considered by another authorized body or official, the dispute over compensation for property damage is resolved by the court in civil proceedings.

3. Disputes regarding compensation for moral damage caused by an administrative offense are considered by the court in civil proceedings.

Calculation of deadlines

1. The time periods provided for by this Code are calculated in hours, days, days, months, years. The duration of the period defined by the period begins on the next day after the calendar date or the occurrence of the event that determines the beginning of the period.

2. The period, calculated in days, expires at 24 hours of the last day. A period calculated in months expires on the corresponding date of the last month, and if this month does not have a corresponding date, the period expires on the last day of that month. The term, calculated in years, expires in the corresponding month and date of the last year.

3. The period calculated in days expires on the last day deadline. If the end of a period calculated in days falls on a non-working day, the last day of the period is considered to be the first working day following it.

4. If the application, complaint, other documents or cash were handed over to a communications organization, credit institution, declared or transferred to an authority or person authorized to receive them before 24 hours of the last day of the deadline, the deadline is not considered missed.

Note. The provisions of this article do not apply if other articles of this Code establish a different procedure for calculating terms, as well as when calculating terms of administrative penalties.

Purposes of administrative punishment

1. Administrative punishment is a measure of responsibility established by the state for committing an administrative offense and is applied to prevent the commission of new offenses both by the offender himself and by other persons.

2. Administrative punishment cannot be aimed at humiliating the human dignity of an individual who has committed an administrative offense, or causing him physical suffering, as well as causing harm business reputation legal entity.

Administrative punishment for committing an administrative offense is imposed within the limits established by the Code of Administrative Offenses of the Russian Federation or the law of the subject of the Russian Federation on administrative offenses, which provides for liability for this act. The sanctions of the articles defining liability for certain types of administrative offenses stipulate the type of punishment and its permissible amounts. It is also necessary to take into account that the imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed.

The discretion of the judge, body, official authorized to consider cases of administrative offenses is limited:

choosing one of the alternative basic penalties provided for by the sanction of the article;

application or non-application of additional punishment, provided for by the sanction articles;

individualization of punishment within its minimum and maximum sizes.

When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his property status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account. At the same time, the characteristics of a person specified in the Code of Administrative Offenses of the Russian Federation, which make it possible to determine whether it is permissible to assign an administrative punishment to a given person, and if so, what kind, include: age, gender, citizenship, occupation, official position, official position, condition health.

In accordance with Article 4.2. The Code of Administrative Offenses of the Russian Federation recognizes the following as circumstances mitigating administrative liability:

repentance of the person who committed the administrative offense;

voluntary reporting by a person of an administrative offense committed by him;

prevention by the person who committed the administrative offense of the harmful consequences of the administrative offense, voluntary compensation for the damage caused or elimination of the harm caused;

committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;

commission of an administrative offense by a minor;

commission of an administrative offense by a pregnant woman or a woman with a young child.

Repentance of a person who has committed an administrative offense presupposes a negative attitude towards the act and its consequences, awareness of the illegality of his action or inaction. The offender's repentance is manifested in his certain active actions.

Such actions, first of all, include a voluntary statement by a person about the commission of an administrative offense. This offense is of one's own free will (although not necessarily by choice). own initiative) makes a corresponding application to the judge, body, official who are authorized to initiate a case about this offense or to initiate a case and consider it.

Other manifestations of repentance are: the offender’s contribution to the implementation of proceedings regarding an administrative offense, a comprehensive, complete and objective clarification of the circumstances of the case; voluntary explanation of the reasons for the offense committed; timely and on one’s own initiative issuance of instruments and objects of an administrative offense, etc.

A state of strong emotional excitement is understood as a state of physiological affect, which is characterized by a high-level emotional outburst. Physiological affect removes the human psyche from its normal state, inhibits the conscious intellectual activity, to a certain extent, disrupts selectivity in the motivation of behavior, complicates self-control and critical assessment of one’s actions, and deprives a person of the opportunity to firmly and comprehensively weigh the consequences of one’s behavior. In a state of passion, the ability to realize the actual nature and danger of one’s actions and to manage them is significantly reduced, which is the basis for recognizing the commission of an offense in this state as a circumstance mitigating administrative responsibility.

Pathological affect, which is a mental disorder with the onset of deep clouding of consciousness, should be distinguished from physiological affect. As a result of this, a person loses the ability to be aware of and control his actions. In such cases, the person is declared insane and is released from administrative liability.

Difficult personal or family circumstances mean unfavorable factors under the pressure of which a person commits a particular action (inaction). A combination of difficult personal and family circumstances may include cases of sudden serious illness of the person who committed the administrative offense or his close relatives, serious family conflicts, unfavorable circumstances at work, and an acute lack of livelihood.

Most of the listed circumstances can only be taken into account in relation to an individual. Only the prevention of harmful consequences of an administrative offense, voluntary compensation for damage or elimination of harm caused are applicable to legal entities.

According to Article 4.3. of the Code of Administrative Offenses of the Russian Federation, circumstances aggravating administrative liability include:

continuation of illegal behavior despite the demand of authorized persons to stop it;

repeated commission of a homogeneous administrative offense, if for committing the first administrative offense the person has already been assigned an administrative punishment for which the penalty provided for in Article 4.6 has not expired. Code of Administrative Offenses of the Russian Federation and the period discussed below during which a person is considered subject to administrative punishment;

involvement of a minor in an administrative offense;

commission of an administrative offense by a group of persons;

committing an administrative offense during a natural disaster or other emergency circumstances;

committing an administrative offense while intoxicated. However, the judge, body, or official imposing an administrative penalty, depending on the nature of the administrative offense committed, may not recognize this circumstance as an aggravating one.

I note that aggravating circumstances indicate either a persistent illegal attitude of the offender, or the potential for the offense to cause significant harm. For example, the continuation of illegal behavior, despite the demand of authorized persons to stop it, shows that the offender is aware of the illegality of his behavior and does not want to give it up even after the corresponding legal demand.

The commission of an administrative offense by a group of persons indicates a certain organization, joining forces for an illegal action or inaction. Group offenses are traditionally considered more dangerous, which applies to both misdemeanors and crimes. Committing an administrative offense during a natural disaster, which includes floods, fires, earthquakes, etc., or under other emergency circumstances (state of emergency or martial law, man-made disasters, etc.), complicates the ability of law enforcement agencies to counter illegal behavior.

The specified aggravating circumstances listed in Article 4.3. Code of Administrative Offenses of the Russian Federation are exhaustive; no other factors can be interpreted as such. Taking into account aggravating circumstances makes it possible to strengthen administrative liability within the sanction of an article of the Special Part of the Code of Administrative Offenses of the Russian Federation or the law of a constituent entity of the Russian Federation on administrative offenses, and to apply additional punishment.

However, the listed circumstances cannot be taken into account as aggravating ones if they are provided for as a qualifying feature of an administrative offense by the relevant rules on administrative responsibility for committing an offense. For example, the commission of an administrative offense under emergency circumstances is not recognized as a circumstance aggravating administrative liability for violating the requirements of a state of emergency (Article 20.5 of the Code of Administrative Offenses of the Russian Federation).

A person declared insane is exempt from administrative liability. According to Article 2.8. The Code of Administrative Offenses of the Russian Federation is not subject to administrative liability for an individual who, at the time of committing unlawful actions (inaction) was in a state of insanity, i.e. could not realize the actual nature and illegality of his actions (inaction) or direct them due to a chronic mental disorder, temporary mental disorder, dementia or other painful mental state.

In doctrine administrative law It is customary to distinguish two criteria of insanity: legal (psychological) and medical (biological). The legal criterion means the inability of a person to understand the actual nature of his actions and direct them, and the medical one means the presence of a person in a painful mental state caused by a chronic or temporary mental disorder, dementia. The legal criterion of insanity is determined by the presence of two aspects: intellectual (the individual’s lack of awareness of the factual side of the action being performed) and volitional (the person’s inability to direct his actions and control behavior). To recognize a person as insane, it is necessary to establish a set of legal and medical criteria for insanity.

A person who acted in a state of extreme necessity is also not subject to administrative liability, i.e. to eliminate a danger that directly threatens the personality and rights of a given person or other persons, as well as the legally protected interests of society or the state, if this danger could not be eliminated by other means and if the harm caused is less significant than the harm prevented. According to Article 2.7. The Code of Administrative Offenses of the Russian Federation, causing harm by a person to legally protected interests in a state of extreme necessity is not an administrative offense.

the danger must not be abstract, but quite concrete, containing a direct threat of harm to a given person or other persons, as well as to the legally protected interests of society or the state;

the danger under these circumstances cannot be realistically and timely eliminated by other means, i.e. not causing harm to other legal benefits or legally protected interests of other persons;

the harm caused must be less significant than the harm prevented. When comparing harm, one should proceed from the fact that human life and health are always above property interests. If material assets are compared, one must proceed from an assessment of the value of the saved and damaged (lost) property.

A judge, body, official authorized to resolve a case of an administrative offense may also release the person who committed the administrative offense from administrative liability and will limit himself to an oral remark if the administrative offense committed is insignificant. In this case, the nature of the offense committed must be taken into account first of all. A distinctive feature of the insignificance of an offense is the fact that, despite the formal presence of all the elements of an offense, it does not itself contain any dangerous threats to the individual, society or the state.

Analyzing general rules imposing an administrative penalty, it is necessary to raise the issue of administrative liability of foreign citizens, stateless persons and foreign legal entities. Such entities who have committed administrative offenses on the territory of the Russian Federation are subject to administrative liability on a general basis.

The issue of administrative liability of a foreign citizen who enjoys immunity from the administrative jurisdiction of the Russian Federation in accordance with federal laws and international treaties of the Russian Federation and who has committed an administrative offense on the territory of the Russian Federation is resolved in accordance with the norms of international law.

An important principle of administrative responsibility, based on the principle inherent in legal responsibility in general, is the inadmissibility of doubling administrative responsibility. Subject to Article 4.1. No one can bear administrative responsibility twice for the same administrative offense of the Code of Administrative Offenses of the Russian Federation. For one offense, a primary or primary and additional administrative punishment may be imposed from those established in the Special Part of the Code of Administrative Offenses of the Russian Federation or in the laws of the constituent entities of the Russian Federation on administrative liability. The imposition of two main administrative penalties is unlawful, since in this case the responsibility is doubled. The imposition of two additional punishments without the main one is also unlawful.

If a person commits two or more administrative offenses, an administrative penalty is imposed for each administrative offense committed.

The plurality of administrative offenses has two forms: aggregate and repetition.

Aggregate means the commission of several offenses by one person before being brought to justice. If a person commits two or more administrative offenses, a punishment is imposed for each of them. Thus, unlike criminal legislation, administrative legislation does not provide for the possibility of adding penalties. Exceptions are cases when a person has committed several administrative offenses, the cases of which are considered by the same body or official. Moreover, according to Part 2 of Article 4.4. Code of Administrative Offenses of the Russian Federation, punishment is imposed within the limits of only one sanction.

Repetition means the commission of a new administrative offense after a person has been held accountable for the previous one. When imposing an administrative penalty, repetition can serve as an aggravating circumstance or qualifying feature.

An example of the second case is the above rule, according to which violation of labor and labor protection legislation by a person previously subjected to administrative punishment for a similar administrative offense entails his disqualification (Part 2 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation). In the case of the first such violation in accordance with Part 1 of the same article, the maximum possible penalty is a fine of five thousand rubles. Thus, for the commission of an offense by a person who was previously subjected to administrative punishment for a similar offense, increased administrative liability is provided.

The Constitutional Court of the Russian Federation has repeatedly indicated that illegal driving onto the side of the road intended for oncoming traffic poses an increased danger to the life, health and property of road users, as it creates a real possibility of a head-on collision vehicles associated with the risk of serious consequences. The Code of the Russian Federation on Administrative Offenses does not exclude the possibility of taking into account the form of guilt of the offender when individualizing responsibility and determining the amount of administrative punishment; When imposing an administrative penalty on an individual for leaving in violation of the Traffic Rules in a lane intended for oncoming traffic, in accordance with the provisions of Part 2 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation, the nature of the administrative offense committed by him, the identity of the perpetrator, his property status, and circumstances mitigating the administrative penalty are taken into account. liability, and circumstances aggravating administrative liability (definitions of December 7, 2010 N 1570-О-О and of January 18, 2011 N 6-О-О).