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Administrative and municipal law
Reference:

Kim, N.I. On the practice of assignment of an administrative fine for the offences in the sphere of customs.

Abstract: T he a rticle i ncludes a nalysis o f t he a mendments i nto t he l egislation o n a dministrative o ffences regarding establishing the amount of an administrative fines, which took place in 2012. Based upon the results of the legal practice of the customs bodies and the courts on the cases regarding administrative responsibility for the offences in the sphere of customs, the author uncovers topical issues regarding assignment of administrative fines f or t he v iolations o f c ustoms r ules. It i s s ubstantiated t hat t he e xisting o rder o f c alculating f ines i n t he many-fold amount compared to the cost of the object of an offence and differentiated depending on the category of persons/entities being offenders causes legal uncertainty and breaches the rights of delinquents. Taking into account the legal positions of the Constitutional Court of the Russian Federation, the author makes proposals on the improvement of the norms of the Administrative Offences Code of the Russian Federation in order to establish a unified approach towards establishing the cost of offence objects for the purpose of calculating the amount of fines for customs offences.


Keywords:

administrative offence, administrative punishment, administrative fine, violation of customs rules, the Constitutional Court of the Russian Federation, administrative offence, customs cost, non-declaring, physical persons, the Administrative Offences Code of the Russian Federation.


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