ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES: HISTORY AND PRESENT

Authors

  • Ivan Borodin National Aviation University, Kyiv, Ukraine
  • Oksana Myronets National Aviation University, Kyiv, Ukraine

DOI:

https://doi.org/10.18372/2306-1472.68.10923

Keywords:

administrative liability, bodies of public administration, harmful consequences, legal entity, natural person, regulation

Abstract

Purpose: Legal entities are capable to accumulate much more financial, material, intellectual resources to achieve their goals than a natural person. It is important to develop theoretical fundamentals that are necessary for understanding of administrative liability of legal entities and make propositions to improve current legislation about administrative liability of legal entities, a mechanism of its implementation and systematization of legislation in this area. Methods: General scientific, philosophical and specially-legal methods of scientific research have been used. Theoretical and legal framework of an institute of administrative liability of legal entities, preconditions of legislative regulation of administrative liability of legal entities have been investigated with the help of general scientific and philosophical methods. A system analysis method has been used for the analysis of modern administrative legislation, scientific works to determine a concept of “administrative liability of legal entities.” A dogmatic method was valuable to formulate the conclusions and recommendations of practical character within the research issues. Results: It is shown that the legislation about administrative liability of legal entities is in the forming stage, and there are two possible ways of its systematization. It was stressed that both of them are connected with a necessity to bring contradictions about regulation of legal liability of legal entities into line with constitutional norms. It was concluded that a legal entity should be recognized as a subject of administrative liability. Discussion: Administrative liability of  legal entities is intended to withstand offences, protect legal rights and interests of citizens, the state, legal entities, established administrative order, and also provide renewal of broken rights and compensation for losses resulting from an offence, give onerous consequences of organizational and material character for offenders. The development of a concept of “administrative liability of legal entities” and its implementation is an important topic for the future research

Author Biographies

Ivan Borodin, National Aviation University, Kyiv, Ukraine

Doctor of Juridical Sciences. Professor.

Department of Theory and History of State and Law of Educational and Research Institute of Law of National Aviation University, Kyiv, Ukraine.

Education: Kyiv Higher School of Ministry of Internal Affairs of the Union of Soviet Socialist Republics named after F.E Dzerdzynsky, Kyiv, Ukraine (1984).

Research area: legal means of protection of rights and freedoms of a human and a citizen in Ukraine; problems of administrative procedure.

Oksana Myronets, National Aviation University, Kyiv, Ukraine

Senior Lecturer.

Department of Theory and History of State and Law of Educational and Research Institute of Law of National Aviation University, Kyiv, Ukraine.

Education: National Aviation University, Kyiv, Ukraine (2006).

Research area: theoretical and legal aspects of fanctions of administrative law.

References

Administrative Code of the Ukrainian SSR. – Kharkiv: Ukrainian SSR People's Commissariat Legal Publishing, 1928. 130 p.

Decree of the Presidium of the Verkhovna Rada the USSR "On further limitation of fines implementation imposed according to administrative order". Bulletin of the Verkhovna Rada of the USSR 1961, Number 35, p. 368.

Dymchenko V.I. Administrative liability of organizations. Author’s ref. of thesis...candid.leg. science. 12.00.07. Perm, 1982. – 17 p. (in Russian)

Fundamentals of Legislation of the USSR and the Union Republics on Administrative Offences. Bulletin of the Verkhovna Rada of the USSR 1980, Number 44, p. 909. (in Russian)

Decree of the Presidium of the Supreme Soviet of the USSR "On the order of entry into force of the Fundamentals of Legislation of the USSR and the Union Republics on Administrative Offences". Bulletin of the Supreme Soviet of the USSR 1981, Number 8, p. 178. (in Russian).

Petrova I.G. Development of an institute of administrative liability of legal entities on the territory of Ukraine. Scientific Journal of International Humanitarian University. Jurisprudence 2013, Volume 1, Number 6-1, pp. 179-182, p. 179.

Slubskyj I.Y. A concept of administrative liability of legal entities: legal analysis. Bulletin HNUVS 2011, Number 4 (55), pp. 280-289, p. 287.

Bahrah D.N. Administrative law. – Moskva: BEK, 1997. – 368 p. (in Russian)

Customs Code of Russian Federation. Bulletin of the Congress of People’s Deputies of the Supreme Council of Russian Federation 1993, Number 31, p. 1224 (in Russian)

Vikhrova V.S. Administrative responsibility of individuals and legal entities of the European Union in Ukraine. Author’s ref. of thesis...candid.

leg. science. 12.00.07. Kyiv, 2015. 16 p., p. 9.

Parnenko V.S. Legal entities as independent subjects of administrative liability. Scientific Bulletin of Dnipropetrovsk National University of Internal Affairs 2013, Number 3, pp. 231-238, p. 237.

Stefaniuk V., Holosnichenko I., Mykheyenko M. Institute of administrative liability of legal entities: problems of theory and practice. Pravo Ukrainy 1999, Number 9, pp. 6-9.

Liability of Legal Persons for Corruption in Eastern Europe and Central Asia. Report of OECD Anti-Corruption Network for Eastern Europe and Central Asia. – Paris, 2015. 90 p., p. 12.

Chance Clifford. Corporate Liability in Europe. London: Clifford Chance LLP, 2012. 47 p., p.p. 3, 7, 10, 13, 16, 20, 23, 26, 29, 32, 35, 38.

Fabrizio Cugia di Sant’Orsola, Silvia Giampaolo. Liability of Entities in Italy: Was It not Societas Delinquere Non Potest? New Journal of European Criminal Law 2011, Vol. 2, Issue 1, pp. 59-74, p. 65.

Carol Rhian Harlow. Administrative liability: a comparative study of French and English law. Thesis for the degree of Ph.D. London, 1979. 360 p., p. 9.

Published

16-11-2016

How to Cite

Borodin, I., & Myronets, O. (2016). ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES: HISTORY AND PRESENT. Proceedings of National Aviation University, 68(3), 133–139. https://doi.org/10.18372/2306-1472.68.10923

Issue

Section

LAW