In legal theory and practice of one of the central concepts is the "responsibility".Beneath it is generally understood the subject of the relationship with the state, society, or any other entity.In turn, this relationship is the subject at formalizing the relationship takes on certain obligations that are, among other things, in strict adherence to the requirements that apply to it in accordance with this agreement.
subject of these relations can be not only individual citizens (as individuals), but also legal entities, ie the organization.By entering into certain agreements to engage with the government or with other organizations, legal entities assume responsibility for the implementation of these agreements, as well as for activities strictly within the legal framework.
question of how possible administrative liability of legal persons, repeatedly raised in a wide range of legal literature.Indeed, the Organization, in particular, does not have the mentality, therefore, disappears such an important element of the offense, as the wine.However, to date, all discussions in the past.Administrative proceedings are involved as individuals and legal entities.
Introduction to the practice of law is no such thing as the "administrative liability of legal persons", meaning that data on economic entities subject to the general provisions of the Code of Administrative Offences.As a consequence, a legal entity, in the case of bringing him to administrative liability will be subject to the general provisions and principles of the imposition of such penalties, procedures for their implementation and appeal.
The main legal elements of crime, as a result of which should be to talk about such a concept as the administrative liability of legal persons, a special part of the Administrative Code classifies offenses that result in violence to life, health and epidemiological well-being of citizens, property, protection of nature,public order and state security.
Features of administrative liability of legal persons derive, first of all, of the features of the main components of an administrative offense in relation to the data subjects rights.So, the main objects of administrative offenses are the protection of the individual and protection of fundamental freedoms and rights provided by the legislation, the protection of public safety and protection by the State legitimate financial and economic interests (both individuals and legal entities).
important in determining the offense plays identify the subject of a wrongful act.In this case, this subject should be recognized as a legal entity.In acting for our country and the provisions of the civil rights administrativnoogo there is an important point, compatible with which the subjects of the same administrative offense can be both legal and natural person.Accordingly, the recognition of the illegal activities of a legal entity is not an excuse for citizens who are directly carried out this activity.
One of the main elements included in the concept of "administrative liability of legal entities", serves wine as a subjective side of the wrongful act.After numerous discussions and clarification from the Constitutional Court is currently in the Russian legislation is seen as an element of the mental attitude of the community as a whole in the significant role of senior staff.As in the case of individuals, the basic forms of guilt are the intent and negligence.
