Gluzdak G.N., Likhomanova Y.Y., Bulgakova L.S..
Perspectives and Ways of Developing Alternative Methods for Calculating Administrative Fines
// NB: Administrative Law and Administration Practice. – 2022. – є 4.
– P. 62-71.
Read the article
Abstract: The research focuses on methods of calculating administrative fines, which could be considered as an alternative to the existing ones. The aim of the work is to propose such methods, as well as to identify prospects and ways of their development. The study examines the problem of the appropriateness of calculating administrative fines in hard money, which is particularly relevant in the context of insufficient effectiveness of this type of administrative punishment. The authors analyze changes in the domestic legislation on administrative offences, and also refer to the comparative legal method, comparing the methods of calculating fines in the Russian Federation and in other states: Belarus, Kazakhstan, Finland. The authors conclude that significant money fines are not sufficiently effective. The novelty of the study lies in the proposal of alternative methods for calculating the administrative fine: the determination of the amount of the monetary penalty in relation to the minimum wage, the base value or the calculation indicator, the income of the offender. Special attention is paid to the consideration of alternative ways of calculating administrative fines for traffic offences: The establishment of a relationship between administrative penalties and the cost of the vehicle or the capacity of its engine and the introduction of a penalty point system are proposed. The results of the study can be used to improve the legislation of the Russian Federation on administrative offences.
Keywords: penalty points, traffic, basic value, minimum wage, amount of the fine, monetary penalty, administrative liability, administrative punishment, administrative fine, repeated offense
Shubina, V. The history of the emergence and development of the institute of administrative penalty in Russia / V. S. Shubina // Tribune of the scientist. 2020, 10, 312-318.
Rossinsky, B. Administrative law / B. V. Rossinsky, Yu. N. Starilov Ч Moscow : Norm : INFRA-M, 2020.
Lipinsky, D. Goals and functions of administrative punishments / D. A. Lipinsky, A. A. Musatkina // NB: Administrative law and practice of administration, 2017, 2, 20-37.
Bulakhova, T. Introduction to the problem of administration of fines as an element of non-tax revenues of the budget / T. P. Bulakhova, A. A. Zemtsov // Problems of accounting and Finance, 2012, є 2(6), 59-64
Panova, I. Actual problems of administrative responsibility / I. V. Panova, A. B. Panov // Asia-Pacific region: economics, politics, law. 2019, Vol. 21, 3, 105-134.
Maksimov I. The system of administrative penalties: the concept and signs // State and law. 2005, 4, 18Ч27.
Avdeenkova, M. Legal possibilities of effective application of measures