This article is devoted to a comprehensive doctrinal and applied analysis of modern mechanisms of individualization of administrative punishment applied to legal entities. The relevance of the research is due to the consistent humanization of legislation on administrative offenses and the formation of legal instruments aimed at ensuring proportionality and fairness of administrative responsibility in the field of entrepreneurial and other economic activities. The purpose of the work is a systematic study of the legal nature, content and problems of the implementation of institutions for the mitigation of administrative punishment provided for by the Code of Administrative Offences of the Russian Federation. The article consistently examines the constitutional and legal prerequisites for reforming the institution of an administrative fine, analyzes such mechanisms as the imposition of a fine below the lowest limit (parts 3.2, 3.3 of Article 4.1 of the Code of Administrative Offences of the Russian Federation), the replacement of a fine with a warning (Article 4.1.1 of the Code of Administrative Offences of the Russian Federation), the application to certain categories of legal entities of sanctions imposed on individual entrepreneurs (Article 4.1.2 of the Code of Administrative Offences of the Russian Federation), as well as the rules for sentencing when multiple offenses are detected within the framework of a single control (supervisory) event (parts 5, 6 of Article 4.4 of the Code of Administrative Offences of the Russian Federation). The author identifies the key problems of law enforcement related to the evaluative nature of the grounds for mitigating liability, departmental conflicts in the interpretation of norms and the lack of legislative regulation of the cumulative application of the institutions in question. Based on the results of the study, conclusions are drawn about the incompleteness of the process of forming an integrated system of individualization of punishment and proposals are made to improve the current legislation.
|