ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES: CERTAIN PROBLEMS OF LEGAL REGULATION

Abstract

The problems of legal regulation of administrative liability of legal entities, as well as possible ways of their solution, have been determined. Attention is drawn to the fact that there is a tendency to constant increase of misdemeanor’s number, cases of which are considered by judges. Accepting the fact that administrative liability are less and less distinguished by administrative procedure of implementation, it is noted that it means one thing – it simply needs to be made administrative again, for which all the offenses for which penalties are imposed in court should be determined as felonies. It has been concluded that after passing the way from the denial of the even possibility of bringing legal entities to administrative liability to recognizing them as subjects of this liability in several separate laws, the legislation on administrative offenses in its development should go through the next stage – to determine general rules and procedures for administrative liability of legal entities, without which they can not be protected against unlawful prosecution. In this regard, the author has grounded the necessity of adopting a new Code on Administrative Offenses, which should comprehensively resolve these issues that will contribute to ensuring the legality of this liability.