Barakhoeva A.R. Current Issues of the Legal Regulation of Administrative Liability of Legal Entities
DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.9
Alla R. Barakhoeva, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Theory and History of State and Law, P.G. Demidov Yaroslavl State University, Sovetskaya St, 14, 150003 Yaroslavl, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-6690-5660
Introduction: the paper deals with the study of the conceptual rules of bringing organizations to administrative liability in the administrative tort legislation. There is a defect of their developing in the administrative legislation norms, which ultimately leads to the negative results of law enforcement. Attention is drawn to the various approaches of theorists and law enforcement officers on the issues under study. The alternative models of bringing organizations to administrative liability are proposed. Methods: the work uses the general scientific and specific scientific methods of cognition. Among them are the methods of interpreting legal norms, problem-theoretical, comparative law, systemic, structural, formal legal, functional, and intersectoral methods. Results: the contradiction between the conceptual rules governing the administrative liability of organizations and the general provisions of the administrative legislation, as well as their inconsistency with the general principles and goals of administrative punishment is revealed. The specific proposals are formulated to modernize the institution of administrative liability of organizations, which can be perceived by the legislator to improve it. Conclusions: the scientists have been using the term of public legal entity since the pre-revolutionary times. The nature, goals, and processes of creation, reorganization, and liquidation of private and public legal entities differ significantly. In this regard, it is necessary to introduce the concept of a public legal entity into the administrative legislation. Abandoning the behavioral concept of guilt of an organization in favor of a behavioral-psychological one will lead to the possibility of establishing the forms of guilt of a legal entity, as well as allow avoiding objective imputation when bringing them to justice.
Key words: administrative liability, behavioral concept of guilt, administrative tort law, public legal entity, objective imputation.
Citation. Barakhoeva A.R. Current Issues of the Legal Regulation of Administrative Liability of Legal Entities. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 1, pp. 72-76. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.1.9
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