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Arkhipov S.V. Individualization of administrative punishment of legal entities

Published in journal "Administrative and municipal law", 2015-9 in rubric "Liability in administrative and municipal law", pages 921-924.

Resume: The subject of the research is the range of problems of law-enforcement practice, connected with the possibility of individualization of administrative punishment for legal entities, and the ways of their solution. Since 2007 the policy of administrative responsibility toughening has been consistently realized, resulting in the increase of fines for legal entities. Taking into account that in most cases of administrative offences there are no other forms of punishment for legal entities, and payment by installments or the legal institution of unimportance was not enough for a just and adequate punishment, implementation of some constitutional principles in the ambit of administrative responsibility was not assured. The study applies the comparative-legal research method; the author uses comparison of legal norms (also in their historical development), regulating this sphere of legal relations, law-enforcement practice and scientific literature. The novelty of the research consists in the fact that it is the first study of historical prerequisites and measures of legitimation of the mechanisms of individualization of administrative punishment for legal entities in accordance with constitutional principles of imposition of punishment. The author believes that the study results can be used by other researchers in this sphere.

Keywords: legal method of regulation, administrative fine, administrative punishment, differentiation, legal entities, individualization of administrative responsibility, administrative responsibility, constitutional guarantees, no alternative to sanctions, law-enforcement practice

DOI: 10.7256/1999-2807.2015.9.14803

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Mikulin A.I. Printsip sostyazatel'nosti v proizvodstve
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