1.For and method of administrative law.

Administrative law is a base, a key industry, along with the constitutional,

civil and criminal law. It is the foundation of a legal regulation a variety of public
relations, daily basis in various spheres of public and public life.
It is important to emphasize that rules of administrative law are governed by
the public relations, in which a party to the bodies of state administration of the
federal and regional (republic, area, region, etc. ) level. In accordance with the
constitutional principle of separation of powers these bodies are organs of
executive power.
he !xecutive power in the system of separation of powers is intended to
ensure the implementation of common re"uirements, rules, formulated norms of
the law, their steady response to all public and non#state actors, all citizens. he
executive branch shall ensure implementation of public policies.
he distinction between the various industries are in the main in the subject
matter of regulation . $or industry#leading law is range of public relations,
regulated by the industry.
In this way, in a general form, the sub%ect of a legal regulation is responsible
for the "uestion& that regulates this branch of law. $or this reason , the subject of
administrative law is the special group public relations, the specificity which is,
first of all, in that they occur, are evolving and will terminate in the field of public
administration.
In a broad sense, the public administration is defined as the operation of
any public bodies of all branches of the 'tate, since the common purpose and the
content of the activities as well as the entire state as a whole and any of its bodies,
is, any organization, some streamlining public relations. In a narrow,
organizational and legal sense, public administration understand only one specific
form of state activities related to the implementation executive authorities as one of
the branches of the state authorities, carried out by the system of special state
bodies of the executive authorities or bodies of public administration.
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)ublic administration in a narrow organizational#legal sense, and has been
the main target administrative and legal regulation and scope of the rules of
administrative law.
hus, the administrative law regulates public relations, arising, first and
foremost, in connection with the activities of the executive authorities. In general,
conditions for inclusion public relations to management, constituent for
administrative law, are, first, that there is a in them, as a rule, the sub%ect of public
administration or his representative, and secondly, the link with the
implementation of the executive authorities.
'peaking on the executive authorities in the *ussian $ederation, it should be
noted that, in accordance with art. ((+ he ,onstitution of the *ussian $ederation
the *ussian $ederation executive power is the -overnment of the *ussian
$ederation # the supreme executive body of the -overnment of the *ussian
$ederation, the federal executive authorities and the executive authorities of the
constituent entities of the *ussian $ederation. he number of federal organs of
executive power also includes the federal ministry, federal service, the federal
agency, as well as other federal executive authorities.
Another criterion for distinguishing between one branch of the law of the
other is the method of regulation . .nder the method of regulation is defined as
the totality of means or methods, used in the course of regulatory or other public
relations.
herefore, if an ob%ect allows you to define the scope of a legal regulation,
the method # means the regulation.
$or the administrative law of *ussia until is characterized by the so#called
authoritarian (mandatory) the method of legal regulation, in which a person or
persons prescribed only one strictly defined behavior. A characteristic feature of
this method is the ine"uality of the parties to the legal and administrative relations
as one of the parties to the emerging relationship always is the or other organ of
state power.
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0n this basis it is possible to identify particular administrative and legal
method of regulating public relations, arising from the fact public administration
and management activities and sub%ect matter of administrative law.
In the first place, to the administrative and legal regulation the most
characterized by legal means regulatory type, i.e. prescriptions (including
prohibitions). Its direct expression they found in that one side of regulated by the
granted a certain amount of legally binding power, addressable another side. he
latter is obliged to obey, outbound from the media regulatory rights.
'econdly, the method administrative and legal regulation implies
unilateralism will of one of the parties to the relationship. his will legally
powerless, but because it has a crucial importance. herefore, one side will compel
another expression. his is due to the fact that legally power re"uirements under
the %urisdiction of the relevant actors executive authorities.
hirdly, in specific management relations, regulated by administrative law,
the most typical expression finds the following the relationship between managers
and manageable& either the administering parties there is a such a legally powers,
what does not have a controllable side (for example, a citizen), or the amount of
such powers on the part of the administering the parties more than the managed
(for example, subordinate body to the executive).
$ourthly, ,ountess and unilateralism as the most significant signs of the
administrative and legal regulation does not exclude use in necessary cases
12342567859:;< means, as a result of which may arise management relationship
of e"uality participants regulated management relations, i.e. , their expression. =ut
the use -ilan also re"uired to administrative and legal norms (for example, in the
form of administrative contract, agreement, the interaction between organs of
executive power, which are on the same hierarchical level).
In view of the foregoing, administrative law can be defined as an industry
*ussian law, governing social relations in the sphere of activities of the executive
authorities, the legal and administrative part of the citizen>s status and public
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associations, as well as establishing responsibility for offenses related to the
implementation of the public administration.
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2. Sources of administrative law
Sources of administrative law is the external forms of expression of the
legal and administrative rules, regulations, containing the legal and administrative
rules. $rom the normative acts is this branch of law.
Aepending on the legal force sources of administrative law can be placed in
the following hierarchical order&
(. he ,onstitution of *ussia # the main source of law in general, a
supreme legal force. A large part of the legal rules, contained in the ,onstitution, is
the legal and administrative focus. his is, for example, constitutional rules, which
stipulate the fundamental rights, freedoms and duties of citizens, the
implementation of which is primarily in the field of public administration (article
//, /@#/B, /C, ?+#?B), those uncertainties ob%ects of reference and authority
between the federal authorities and sub%ects of the $ederation (Article C(#C?).
'ources of administrative law are as well as the constitutions of the republics, are
members of the *ussian $ederationD the statutes (the basic laws) edges, areas, cities
with federal values, the autonomous districts.
/. Eegislative acts of the *ussian $ederation, as well as of its actors. he
highest value in that federal constitutional and federal laws. he data sources of
administrative law can be described as the $ederal ,onstitutional Act of (C
Aecember (FFC. G /#flag Hon the -overnment of the *ussian $ederationH, ,ode of
the *ussian $ederation on administrative offenses ?+ Aecember /++(, G (FB#$I
(%ournalist) and other laws relating to the conduct of public affairs. Eegal and
administrative regulations may find its expression and in the legislative acts
representative bodies of all sub%ects of the $ederation.
?. A key role among sources of administrative law are normative
decrees of the )resident of the *ussian $ederation (article F+ the ,onstitution of
the *ussian $ederation). hey must be issued on the basis of the ,onstitution of
the *ussian $ederation and federal laws in their development, or to fill in gaps in
the legislative legal settlement of relevant areas and areas of public and social life.
B
@. Among the sources of administrative law are ruling the -overnment
of the *ussian $ederation (article ((B the ,onstitution of the *ussian $ederation).
Gormative Eegal Acts of the *ussian $ederation (regulations, orders and other
acts) must develop and specify the rules contained in the laws, decrees of the
)resident of the *ussian $ederation and the -overnment of *ussian $ederation,
and be directed to their execution and implementation. 'ources of administrative
law may also be legal regulations of sub%ects of the $ederation.
B. As the sources of administrative law and regulatory acts of federal
ministries, other federal executive authorities, as well as executive bodies of the
state authorities of entities of the $ederation.
J. 'ources of administrative law are also regulations representative and
executive bodies of local self#government in the event these bodies by law
necessary public powers (article (?/ the ,onstitution of the *ussian $ederation).
C. Eegal and administrative regulations may find its expression in
interstate agreements, which in such cases should be considered as a source of
administrative law.
K. he sources of administrative law can be attributed and acts#house
nature # normative acts of public corporations, businesses, associations, enterprises
and institutions (or acts of their collective bodies). he action contained in these
standards is limited to the scope of this formation. In some cases, normative acts of
public corporations, local businesses may go beyond the border data collective
entities (for example, in the fuel and energy complex).
Among other sources of administrative law play a decisive role
comprehensive laws, codes, for example, the ,ode on administrative offenses
(%ournalist), ,ustoms ,ode of *ussia, the ,ivil ,ode of the *ussian $ederation and
so forth.
Lournalist, adopted on ?+ Aecember /++(, constitutes the legal basis of
administrative legislation and the main source of administrative law. he ,ode on
administrative offenses is composed of common and distinctive part. In the general
part of defined the basic principles of the legislation on administrative offenses, are
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ob%ects of the *ussian $ederation in the field of legislation in this area, given the
overall characteristic of administrative offenses and administrative responsibility.
he distinctive part of the *ussian $ederation provides for trials products
administrative offenses, indicating certain types of administrative penalties for the
commission of crimes. )art of the ,ode are also administrative and procedural
rules, establishing range of actors, who have the right to impose administrative
penalties, the procedure for bringing to administrative responsibility and pursuant
to regulations of the overlapping administrative penalties.
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. !ctors of administrative law.
he sub%ect of administrative law is a natural person or a legal person,
which, in accordance with the legislation in force may be parties to the
management, governed by rules of administrative law. hey are endowed with
certain rights and responsibilities in the field of public administration and the
ability to implement them.
A common feature of administrative law is a great diversity of actors
administrative legal relations. Another feature of the administrative law is the fact
that in the vast ma%ority of cases compulsory sub%ect such relations are those that
possess certain positions of authority in relation to other entities the legal and
administrative relations. he power actors include the executive authorities,
officials, public servants. As the sub%ects of administrative law also serve as the
)resident of the *ussian $ederation, the -overnment of the *ussian $ederation,
the legislature and the %udiciary, local self#government.
Mith regard to public bodies, it is necessary, first of all, to the executive
authorities, however, the legislature and the %udiciary are also parties to the legal
and administrative relations. $or example, the courts # the key parties legal
relations that arise when considering the affairs of the administrative offenses
code, assigned to the competence of courts trials, as well as relationships, related to
the appeal of action officials of the executive authorities.
In whose emergence scale activities on health management is headed, in
accordance by the Aecree of the )resident of the *ussian $ederation, dated /( Nay
/+(/, G J?J Hhe structure federal executive authorities, the Ninistry of Oealth
and social development ministry.
Ninistry of Oealth of the *ussian $ederation (Ninistry) is the federal body
of executive power, performing the functions of the formulation and
implementation of public policy and normative and legal regulation in the area of
health, for the compulsory health insurance, treatment drugs for medical use,
including issues of the prevention of diseases, including infectious diseases and
AIA', medical assistance, medical rehabilitation and forensic medical (except for
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medical and social expertise and military#medical examination), pharmaceutical
activities, including ensuring "uality, efficiency and safety of medicines for
medical applications, the treatment medical products, sanitary and epidemiological
well#being of the population (with the exception of the public health and
epidemiological rules and health standards), health#care workers to individual
sectors of the economy with the particularly dangerous working conditions, health
and biological assessment of the impact on the human body particularly dangerous
factors physical and chemical nature, resort case, as well As for state property
management and delivery of public services in the fields of health care, including
provision of medical assistance, the introduction of modern medical technology,
new methods of prevention, diagnosis, treatment, and rehabilitation, the forensic
medical and forensic mental health assessments, the secondary, tertiary and
postgraduate and additional medical and pharmaceutical education and the
provision of services in the field of resort.
he $ederal 'ervice for 'upervision in the field of health. (Aefined) is the federal
body of executive power, performing the functions of the monitoring and
supervision in the field of health. he organization of its activities determined
by the position of the $ederal 'ervice for 'upervision in the field of health (ex.
"esolution of the #overnment of the "ussian Federation ?+ Lune /++@, G ?/?).
he $ederal medical and biological agency is the federal body of executive
power, performing the functions of the delivery of public services and the state
property management in the health sector, including provision of medical
assistance, the organization of the activity of blood, on the public monitoring of the
blood safety and its components, as well as for the control and supervision in the
area of the sanitary and epidemiological well#being of the individual sectors of the
economy, particularly dangerous working conditions (including in the preparation
and implementation space flights, the diving and P8QQ2::;< works) and the
population of the territory on the list , fire suppression by the -overnment of the
*ussian $ederation, including functions for health#care workers served by the
organizations and the population served by the erritory (including the provision
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of services in the field of spa, the organization of the forensic medical and forensic
psychiatric examinations, organ transplantation and tissue *ights) and the
organization of the health care and social examination employees serviced by the
.nited Gations and the population served by the territory.
,urrently, the federal body of executive power, exercising functions in the
elaboration and implementation of the state policy and normative and legal
regulation in the area of consumer protection, the development and approval of
sanitary and epidemiological rules and health standards, as well as for the
organization and the implementation of the federal public administration and
public health, epidemiological surveillance and federal government oversight in
the area of consumer protection the $ederal Service for Supervision in the area
of the protection of the rights of consumers, and well$being of the human
person (the position of the $ederal 'ervice for 'upervision in the area of the
protection of the rights of consumers, and well#being of the human person (ex.
*esolution of the -overnment of the *ussian $ederation ?+ Lune /++@, G ?//).
Eeadership of the $ederal 'ervice for 'upervision in the area of the
protection of the rights of consumers, and well#being of the human person is the
-overnment of the *ussian $ederation.
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%. &he legal and administrative status of citi'en.
It is a citizen is a party to public relations in all spheres of life in society and
the state, including in the field of public administration.
he legal and administrative status of citizen is defined by the content of the
it administrative legal personality, which includes the administrative legal capacity
and capability.
A citizen, to become a party to the legal and administrative relations, must
have administrative capacity, i.e. , a real opportunity to have sub%ective rights and
to comply with legal obligations, the legal and administrative rule. Administrative
capacity arises from citizens from the time of birth and ends with death. It may not
be expropriated or transferred to another person, but it can be partially or
temporarily restricted in the cases provided for by law. A specific amount of rights
(freedoms) and responsibilities of citizens in the sphere of administrative law is
determined by a number of factors& age, health, the availability of education and
others.
Administrative capacity is the capacity of a citizen by their actions to
ac"uire sub%ective rights and to carry out the tasks entrusted to him legal
responsibilities in the field of public administration. Administrative capacity
citizen comes with (J years of age, and in some cases # on reaching the citizen of
(K years of age.
$or example, according to ct. /.? he Administrative 0ffenses ,ode
administrative liability is sub%ect to a person who has reached the time of the
administrative offense age (J years. Oowever, in the light of the specific
circumstances of the case and the data about the person, has committed an
administrative offense in (J and under (K years of age, the ,ommission on
%uvenile %ustice and the protection of their rights of the person may be released
from administrative responsibility with the application of the measures provided
for by federal law on the protection of the rights of minors.
-rounds restrictions administrative capacity are common grounds for
limiting capacity in other branches of the law. $or example, ct. /.K he
((
Administrative 0ffenses ,ode, provides that is not sub%ect to administrative
liability physical person who, at the time of committing illegal actions (inaction)
was in a state of insanity, i.e. could not realize the actual nature and the
wrongfulness of his actions (inaction) or manage them because of the chronic
mental disorders, and the temporary mental disorder, dementia or other painful
state of mental disorders.
he total administrative and legal status of a citizen includes the universal
rights and duties of citizens, which are enshrined in the second chapter the
,onstitution of the *ussian $ederation and implemented by a citizen through the
entry into force in its administrative and legal relations with the relevant actors.
hey belong to all the citizens, and are not linked to any specific characteristics
and specific public, productive and economic and labor, good manners and
psychological and social activities and civil rights in all fields, industries and areas
of its activities. his is numerous and diverse personal, political, socio#economic
and cultural rights and freedoms, as well as the right to protection of the rights of
all these rights and legitimate interests of human rights and freedoms.
It prepares the legal and administrative status covers all programs in the
areas of administration and legal relations specific rights and responsibilities of a
citizen in those or other specific areas, industries and sectors of the functioning of
the executive authorities. his is a right of a citizen as a sub%ect the legal and
administrative relations, speaker, for example, as a businessman, passenger, each
semester and a student, patient, a soldier, photocopies, etc.. ,omponents of a
particular administrative and legal status of the right and the duties of citizens are
governed by the rules pertaining to the special part of administrative law.
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(. !dministrative and legal status of foreign citi'ens and persons
without citi'enship.
Administrative and legal status of foreign citizens and persons without
citizenship in the territory of the *ussian $ederation is defined by the ,onstitution
and laws of the *ussian $ederation.
According to h. ? Article J/ he ,onstitution of the *ussian $ederation
foreign citizens and persons without citizenship in the *ussian $ederation shall
en%oy rights and have the same obligations as citizens of the *ussian $ederation,
except as established by federal law or international treaty of the *ussian
$ederation.
he legal status of foreign citizens (persons without citizenship) in the
*ussian $ederation, as well as relations between them and the authorities, local
self#government bodies and officials of is determined by the federal law of /B Luly
/++/, G ((B#$I H0n the legal status of foreign citizens in the *ussian $ederationH.
In accordance with the federal law of administrative and legal status of foreign
citizens and persons without citizenship include a number of restrictions on their
rights. $or example, foreign citizens in the *ussian $ederation did not have the
right to elect and be elected to the federal authorities of the state, the authorities of
the state authorities of the constituent entities of the *ussian $ederation, as well as
to participate in the referendum and the *ussian $ederation referendums entities of
the *ussian $ederation. )ermanently residing in the *ussian $ederation foreign
citizens in the cases and according to the procedure stipulated by federal laws,
have the right to elect and to be elected to the organs of local self#government, as
well as to participate in a local referendum.
A foreign citizen who also does not have the right& be at the municipal
serviceD to substitute positions in the crew of a ship, floating under the state flag of
the *ussian $ederation, in accordance with the restrictions provided under the
,ode merchant the *ussian $ederationD be a member of a crew of a ship the
*ussian $ederation or other is operated by the non#profit to a vessel, as well as
aircraft state or experimental aviationD be commander aircraft civil aviationD be
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taken at work at the ob%ects and in the organization, the activities related to
security of the *ussian $ederation. he list of such ob%ects, and the organization
shall be approved by the -overnment of the *ussian $ederation. A foreign citizen
who is not entitled to engage in other activities, and to substitute other positions,
admission of foreign citizens to which is limited by federal law.
'peaking on the respect of foreign citizens to the public service commission,
it should be noted that they can perform their military service under the contract
for military positions, to be filled by soldiers, deafening, and Q8RST:7TU6
Q7TRV6:TU6 in the Armed $orces of the *ussian $ederation, other troops and
military formations. Oeld public service in any other forms they are not entitled to.
$oreign citizens may not be called up for military service (alternative civil
service).
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). *egal person as a subject of administrative law.
Another large group of actors administrative legal relations are legal
persons.
It should be noted that, for the first time, in /++(, the ,ode on administrative
offenses laid down as the sub%ect of administrative offenses legal person, the legal
situation which is determined by civil law, which are contained in the ,ivil ,ode
of the *ussian $ederation and other regulatory and legal acts.
In recent years, there has been a large number of legislative acts adopted by
the administrative liability of legal persons, but not in one of them a legal person is
not defined as a sub%ect offense, and his guilt has been determined through blame
official. At the present time, in accordance with the verdict/ article /.( trials, wine
legal person is recognized only in the event that it is determined that he had had the
opportunity to ensure compliance with the established rules and norms, the
violation of which is provided for the administrative responsibility, but it has not
taken all depend on the measures to comply with them. he liability of the legal
person is possible only in cases where it is expressly provided for in the specific
train administrative offenses. Also the verdict? art./.( %ournalist there is an
important provision to the effect that the sub%ect one offense can be simultaneously
and physical, and a legal person. Oowever, punishment the legal person is not
exempt from the administrative responsibility for the offense commits a physical
person. Oowever, the, and the simultaneous prosecution of the administrative or
criminal responsibility physical person is not exempt from the administrative
responsibility for the offense legal person. ,onse"uently, the authority, designating
a specific case of the administrative offenses, will be to prove the guilt as a legal
person, and physical.
(B
+. !n administrative offense and administrative responsibility.
he only reason the offensive administrative liability is committing an
administrative offense under which recognizes wrongful, the guilty action
(inaction) physical or legal persons, for which the administrative offenses code or
laws of constituent entities of the *ussian $ederation is the administrative
responsibility (article/.( %ournalist). An administrative offense must have all the
listed legal signs (wrongfulness, guilt) and the composition of the ,ouncil must be
provided for in the rule of law elements (ob%ect, ob%ective side, the sub%ect,
sub%ective side). Aata elements are re"uired for the full and complete the
composition of offenses.
&he object of the offense is a combination of public relations, which are
directed at illegal actions (inaction). It may be human and civil rights and
freedomsD health of citizensD sanitary and epidemiological well#being of the
populationD public moralsD the environmentD the established order of the
implementation of the public authorityD public order, the legitimate economic
interests of natural and legal persons, society and the state, etc.
,bjective side of administrative offense consists in a case#by#case basis of
action (inaction) persons, law whereby the rule and, in connection with the
opprobrium prescribed by law administrative responsibility. he ob%ective side
includes the method, means, the time, the place of the commission of the offense
and the other with the values for type of offense circumstances.
-ental element of the offense is in fault. 0nly the guilty act (omission) is
the legal responsibility. he law provides for two forms of guilt of the offense&
intent and carelessness (rf/./ %ournalist). $or example, an administrative offense
shall be deemed to have been committed intentionally, if a person, its perpetrator,
harsh wrongful nature of his actions (inaction), forecasted its harmful
conse"uences and banish the offensive such effects or deliberately their permitted
(direct intent) or were condescending toward them (indirect intent). he contents
of the off if guilt is also of two elements& co"uetting& # this is the face of foresight
of the adverse conse"uences of its actions or omissions, .nited Wingdom with
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indulgence by calculation to prevent them, and negligence # :8XR814618:68 such a
possibility, provided that the person who should have been and could have
foreseen the attack specified in the act.
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..&he subject of administrative offenses
&he subject offense is someone who has committed an administrative
offense. According to Iubr actors administrative responsibility can be both physical
and legal persons.
rials of *ussia provides for the possibility of administrative responsibility
only for those persons who have attained the age of (J years. Nisleading physical
person at the time of the commission of an unlawful action re"uired by law age
eliminates production in the case of either leads to cessation. Oowever, in
providing for the responsibility of citizens for administrative offenses in (J years,
the ,ode sets out a number of additional safeguards for them. $or example, the
%uvenile offenders, age of (K years old, could not be applied administrative arrest
(h). / Article ?.F %ournalist)D minority is a mitigating circumstance responsibility
(p. @ h. ( Art. @./ ).
he acceptance of legal persons sub%ect administrative responsibility in trials
means that, in the case involving legal person to administrative responsibility to it
apply e"ually common challenges, the principles of legislation on administrative
offenses, rules of assignment administrative penalties, procedure the procedure to
be followed in initiating, consideration, the decision to bring to %ustice and its
execution. $or example, a legal person, as well as physical, may not be double#
administrative responsibility for one and the same administrative offenseD a legal
person, as well as a natural person who, in the case of an administrative offense
shall be sub%ect to administrative liability under the law in effect at the time and in
the place where the offense was the administrative offense.
he appointment of administrative penalty the legal person is not exempt
from liability for the offense commits a physical person, as well as bringing to
administrative or criminal liability of the individual is not exempt from the
administrative responsibility for the offense legal person.
In the application of articles trials to physical and legal persons must be borne
in mind, that, if in the articles trials have not indicated that the installed data
articles rules apply only to the physical person or only to a legal person, the data
(K
standards apply e"ually to and physical, and the legal person, with the exception of
cases, if the meaning of the data standards are and can be applied only to a natural
person.
rials are highlighted and special sub%ects, involving the administrative
responsibility has a number of particularities.
$or example, the official shall be sub%ect to administrative liability in the
case of the administrative offenses in connection with non#performance or
improper performance of official duties. In this context the official of the court is
defined as a person who is permanently, temporarily or in accordance with special
authority exercising the functions of the authorities, there is a daughter in
accordance with the procedure established by law implementing powers in respect
of persons, not in performance depending on it, as well as a person who performs
manages or housekeeping functions in public bodies, bodies of local self#
government, state and municipal organizations, as well as in the Armed $orces of
the *ussian $ederation, other troops and military formations the *ussian
$ederation.
hose who have committed administrative offenses in connection with the
implementation of the institutional and regulatory or administrative and business
functions managers and other employees of the organization, as well as the persons
engaged in entrepreneurial activities without legal, administrative responsibility as
well as the officers, unless otherwise provided by law.
he administrative responsibility for the military are also citizens, to the
military charges, and persons with special honors.
$oreign citizens, stateless persons and foreign legal persons, who have
committed in the territory of the *ussian $ederation administrative offenses, shall
be sub%ect to administrative liability on general grounds. he "uestion of the
administrative liability of a foreign citizen, en%oying immunity from administrative
%urisdiction the *ussian $ederation in accordance with federal laws and
international treaties to which the *ussian $ederation and has committed in the
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territory of the *ussian $ederation administrative offense, is permitted in
accordance with the norms of international law.
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/. &he administrative penalty.
Administrative )enalty # this is a measure responsibility, applied for the
commission of the offense. It is a form of government and a form of administrative
coercion and constitutes a legal assessment act (the act or omission) of the
administrative offense.
Administrative punishment to a natural person must be applied within the
civilized standards, should not be a violation of human dignity and human beings
causing physical suffering. hese settings correspond to the provisions of the
.niversal Aeclaration of Ouman *ights, adopted by the -eneral Assembly of the
.nited Gations in (F@Kg., and the .nited Gations ,onvention against orture and
other cruel, inhuman or degrading treatment or punishment, which entered into
force in (FKC, as well as the !uropean ,onvention for the protection of human
rights and fundamental freedoms.
Administrative punishment, which applies in respect of the legal person,
should not be to harm his reputation.
In article ?./ trials of systematized types of administrative penalties, which
can be installed and be applied to persons who committed an administrative
offense.
(() warning .
(/) an administrative fine .
(?) ,onfiscation of the instrument or ob%ect of administrative offensesD
(@) deprivation of the special law , given to a person.
(B) the administrative arrest .
(J) administrative expulsion outside the *ussian $ederation a foreign citizen
or a person without citizenship.
(C) what are we talking about .
(K) an administrative suspension of activities .
(F) binding of work .
It should be noted that, in the case of the legal person may only be applied
the following administrative penalties& prevention D administrative fine D confiscation of
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the instrument or ob%ect of administrative offensesD deprivation of the special law ,
provided by an individual.
Administrative penalties are divided into two main groups& basic and
advanced.
he main are such administrative penalties, which may not be assigned in
addition to other types of administrative penalties. Marning, the administrative
fines, loss of the special law, given to a person, the administrative arrest, what are
we talking about, the administrative suspension of the activities of and re"uired
work can be installed and used only as a ma%or administrative penalties.
he confiscation of the machine or on the sub%ect matter of the offense, as
well as in administrative expulsion for outside the limits of the *ussian $ederation
a foreign citizen or a person without citizenship may be applied and as the main,
and as an additional punishment, amplifying the impact of potential punishment.
Oowever, additional penalties may be assigned to a %udge, the body, official,
considering the case, only in the event that if the punishment provided for in
sanctions applied article distinctive part of the %ournalist.
$or an administrative offense may be assigned to the main or primary and
secondary administrative punishment from punishment, the sanctions applied
article special part of this ,ode or of the law of a sub%ect of the *ussian $ederation on
administrative responsibility.
It should be noted that the list of specified administrative punishment is a
closed, exhaustive, since the identification of the types of administrative penalties
is that prerogative only federal legislator, i.e. , a list of the types of administrative
penalties can be changed only by means of an amendment to article ?./ %ournalist
in the prescribed manner.
//
10. &ypes of administrative penalties.
Eet>s take a look at the contents of the types of administrative penalties .
1arning ( ct. ?.@ . rials of *ussia) # # a measure of administrative penalty,
as expressed in the official censuring physical or legal person. Marning must be
made in writing.
An alert is installed for the first time committed administrative offenses in
the absence of the in%ury or threat of in%ury of life and health of the people, ob%ects
animal and plant world, the environment, cultural heritage sites (monuments of
history and culture) peoples of the *ussian $ederation, security of the state, the
threat emergencies caused by natural and man#made disasters, as well as when
there is no damage to property.
Nost commonly used predominantly to the persons guilty of a minor
administrative offenses (for example, the violation of the legislation in the field of
sanitary and epidemiological well#being of the population (articleJ.? %ournalistD
management of transport means a driver, do not have the documents provided for
in road traffic regulations (Q7.(/.?. )).
!n administrative fine (ct. ?.B . rials of *ussia) # is the most common
type of administrative penalty and represents a monetary recovery from
wrongdoing a certain amount, as set out in the specific composition of the
administrative offense. he main measure XRT422YRT:6Z8:66, constituting the
content of this type of punishment, is the amount of a fine. he size of a fine may
not be less than one hundred roubles.
,urrently, the maximum amount a fine for the physical person is three
hundred and twenty thousand roubles (verdict/ ct. /+./B . # evasion of serving their
mandatory work)D for officials # six hundred of thousands of roubles ( 7./+.(K. # the
block, as well as active participation in freezing transport communications )D in the
case of legal persons, sixty#million roubles (verdict/ article C.(B . # the
archaeological espionage or excavation without a permit, if these actions have led
to negligence damage or destruction of archaeological heritage ob%ect, 0b%ect
identified archaeological heritage).
/?
he amount of the fine shall may also be expressed in the largest multiples&
,ost of the sub%ect of the offense at the time of completion or the
suppression of administrative offenses.
he amount of unpaid and to be paid at the time of completion or the
suppression of administrative offenses taxes, duties or customs duties, or the
amount of illegal foreign exchange operations, or the amount of foreign exchange ,
etc.. ([erdict( art.?.B %ournalist).
he administrative penalty may not be applied to the various contingents,
headmen, and to the soldiers and are exhibited both, performing military service,
as well as to students military educational institutions professional education up to
the contract with them to do military service.
&he confiscation of the machine or on the subject matter of
administrative offenses ( Q7.?.C. Lournalist) # is the forced tokens treatment in the
federal property, or the property sub%ect of the *ussian $ederation is not recovered
from the trafficking in things.
,onfiscation shall be imposed only on the decision of the court and can be
installed only in cases expressly provided in correct trials on liability for a specific
administrative offense (for example, for the implementation of the business
activities without special permission (license), if such permission (a license) it is
essential to (mandatory)# (continued/ art.(@ %ournalist).
he ,ode sets out some categories of persons to which this administrative
penalty may not be applied. $or example, the confiscation hunting weapons,
ammunition and other permitted guns hunting or fishing may not be applied to
persons, for whom hunting or fishing is the main source of legitimate means of
livelihood.
Is not a seizure seizure of illegal ownership of person who has committed an
administrative offense, machine or ob%ect of administrative offenses&
o be in accordance with the federal law the return of their legitimate owner.
/@
'eized from drug trafficking or who were in the wrongful owned by the
person who has committed an administrative offense, for other reasons, and on this
basis to be the treatment of the property of the state or be destroyed.
he confiscation of the machine or on the sub%ect matter of the offense, the
right of property belonging to a person, is not hired to administrative responsibility
for this is an administrative offense and is not recognized in the courts found guilty
in his committing, does not apply, except for administrative offenses in the field of
customs affairs (violations of customs regulations), provided for in chapter (J case
files.
2eprivation of the special law ( ct. ?.K . Lournalist) # is that within a certain
period of time the person is forbidden to use previously given to him right. his
type of punishment is set solely by a %udge for gross or systematic violation of
order en%oyment of this right in the cases provided for in articles pertaining to the
special part of %ournalist ) . ,urrently, this type of punishment is for& violation of
rules of hunting ( h. ( ,t. K.?C )D for the violation of rules or regulations operating
tractors, self#propelled, road construction and other machines and e"uipment
(article F.? )D for the violation of rules of security aircraft operations (article ((.B )D
for the management vehicle driver in intoxicated, transfer of control vehicle a
person in intoxicated ( article (/.K, etc. ) and.
he period of imprisonment special rights may not be less than one month,
and more than three years.
Aeprivation of physical persons who had previously given him the special
law also establishes the evasion from the performance of an administrative penalty
for violation of this right, in the cases provided for in articles pertaining to the
special part of trials.
Oowever, the law provides for certain restrictions on assignment in the form
of deprivation of rights. $or example, the denial of the right vehicle control can not
be applied to a person, which is a vehicle in connection with the disability, except
in cases of driving under the influence arrests, evasion of service in accordance
with the procedure established by medical examination at the intoxication, as well
/B
as leaving the person in violation of the rules of the road traffic accident, a party to
which he was.
he deprivation of rights in the form of a right to exercise hunting may not
be applied to persons, for whom hunting was the main source of legitimate means
of livelihood.
&he administrative arrest ( Q7.?.F. rials of *ussia) # one of the most
stringent punishment, appointed by the court only in the most exceptional cases for
the individual types of administrative offenses. In particular, this sentence appears
in sanctions the following articles& for disobeying lawful orders police officer, a
soldier, a staff member of the monitoring for the trafficking of narcotic drugs and
psychotropic substances, an officer of the $ederal 'ecurity 'ervice, a staff member
of the public safety officer, bodies, commissioners for the implementation of the
functions of monitoring and supervision in the field of migration, either of the staff
member body or institution of criminal#executive system (rf(F.?)D of petty
hooliganism (Q7./+.(.# violation of public order, expressing a clear contempt for
society, accompanied by police officers in public places, insulting pimping to
citizens, as well as destruction of or damage someone else>s property, etc. ).
Is the administrative arrest in the content violator in isolation from society,
and is set for a term of up to fifteen days, and the violation of the re"uirements of
emergency or legal regime counter#terrorism operations up to thirty days.
his type of penalty may not be applied to pregnant women, women with
children up to the age fourteen years of age, persons, is not under the age eighteen
years, people with disabilities I and II groups, soldiers, citizens, designed for
military charges, as well as to the special rank of employees of the internal affairs,
bodies and agencies of the executive branch, the )ublic fire service, monitoring
bodies of trafficking in narcotic drugs and psychotropic substances and the
customs authorities.
All of these circumstances must be confirmed by the relevant documents.
he administrative detention is included in the term of arrest.
/J
!dministrative e3pulsion outside the "ussian Federation a foreign
citi'en or a person without citi'enship ( ct. ?.(+ . Lournalist) # is forced and
controlled by moving the citizens and persons across the state border the *ussian
$ederation outside the *ussian $ederation, and, in the cases provided for by
legislation of the *ussian $ederation, in a controlled self#departure foreign citizens
and persons without citizenship of the *ussian $ederation.
Administrative expulsion outside the *ussian $ederation, as a measure of
administrative penalty shall be determined in respect of foreign citizens or stateless
persons and shall be appointed by a %udge, and in the case of a foreign national or a
stateless person of the offense at the entrance to the *ussian $ederation, the
relevant officials (O& the $ederal Nigration 'ervice and their territorial bodies on
deportation and administrative expulsion outside of *ussia foreign citizens or
stateless persons ).
Administrative expulsion outside the *ussian $ederation could not be
applied to military forces # foreign citizens.
$or the purposes of executing the assigned a foreign citizen or a person
without citizenship administrative penalties in the form of a forced removal of
outside the limits of the *ussian $ederation the %udge is entitled to apply to such
persons in the content of the special institutions for premises foreign citizens and
persons without citizenship, sub%ect to administrative expulsion outside the
*ussian $ederation.
Administrative punishment in the form of a controlled self#departure from
the *ussian $ederation can be assigned to a foreign citizen or a person without
citizenship in the case of the implementation of the administrative expulsion
outside the *ussian $ederation at the expense of such a foreign citizen or a
stateless person or by means of inviting their authority, the diplomatic mission or
consular institutions of foreign states, which he is a citizen expelled a foreign
citizen, the international organization or its representation, physical or legal
person, set forth in article (J the federal law of /B Luly /++/, G ((B#$I H0n the
legal status of foreign citizens in the *ussian $ederationH.
/C
Administrative expulsion applies only in cases directly re"uired by the rules
pertaining to the special part of trials. $or example, for the violation of&
# he regime stay in the *ussian $ederation, through the non#compliance
with the established order of registration or of movement or the order choice of
place of residence, the deviations from the exit from the *ussian $ederation at the
end of the length of stay, as well as non#compliance with rules of transit through
the territory of the *ussian $ederation (Article (K.K ).
# *ules of engagement and use of foreign workers in the *ussian $ederation
((K.(+ ).
# Immigration *ules (article (K.(( ).
1hat are we tal4ing about (ct. ?.(( . rials of *ussia) # is a new one for
domestic legislation on administrative offenses overlooking administrative
penalties. In its essence victimhood represents a restriction constitutional law on
the implementation of the business and other activities not prohibited by the law
(verdict( art.?@ he ,onstitution of the *ussian $ederation) for flagrant or
repeated abuse of the law.
Mhat are we talking about is the deprivation physical person of the right to
substitute positions the federal public service, state civil service posts a sub%ect of
the *ussian $ederation, the posts municipal services, to hold the office in the
executive body control legal person, be included in the board of directors
(supervisory board), to carry out business activities in the legal person, to manage
the legal person in other cases provided by law of the *ussian $ederation, or to
carry out activities in the provision of public and municipal services or activities in
the training athletes (including their health care) and the organization and conduct
of sports activities.
Administrative punishment in the form of a dis"ualification shall be
appointed as a %udge for a term of six months to three years.
Adapting \87Q\ this type of punishment, for example, the violation of the
legislation on the labor law and the labor protection officer, previously sub%ected
/K
administrative sanction for the same administrative offense (articleB./C %ournalist)D
for the fictive or deliberate bankruptcy (article(@.(/, etc. ).
!dministrative suspension of the activities of (ct. ?.(/ .Lournalist) # is in
the temporary cessation of activity of persons carrying out business activities
without the education legal persons, legal persons, their affiliates, missions,
structural units, production sites, as well as exploitation units, ob%ects, buildings, or
facilities, the implementation of the individual types of activities (work), for the
services.
Administrative suspension of activities is used in case of threat to life or
health of the people, the emergence of epidemics, epizootic diseases, infection
(clogging) railway transport ob%ects "uarantine ob%ects, the radiation accident or
catastrophe, of substantial harm as of or "uality of the environment or in the case
of administrative offenses in the field of trafficking in narcotic drugs, psychotropic
substances and their precursors, plants, containing narcotic drugs or psychotropic
substances or their precursors, and their parts, containing narcotic drugs or
psychotropic substances or their precursors, in the field of counteracting the
legalization (laundering) of proceeds from crime and financing of terrorism, in the
area designated in accordance with the federal law in the case of foreign nationals,
stateless persons and foreign organizations restrictions on the implementation of
the individual types of activities, in the field of regulations to attract foreign
citizens and persons without citizenship to Eabor activities, carried out by the
trading sites (including the trade complexes), in the field of the administration, in
the field of public order and public safety, in the field of urban activities, in the
area of transport security, in the area selling tickets at the entrance to sports events
and ceremonies ]]II 0lympic Minter -ames and ]I )aralympic Minter -ames of
/+(@ in the town of 'ochi, as well as in the case of an administrative offense,
encroaches on the health, sanitation and epidemiological well#being of the
population and public morals (for example, in accordance with art. . J.? rials of this
type of punishment is the violation of the legislation in the field of sanitary and
epidemiological well#being of the population).
/F
Administrative suspension of activities is assigned only if less stringent view
of administrative penalty will not be able to reach the goal of administrative
penalty.
Administrative suspension of activities shall be appointed by a %udge or the
relevant government officials for a term of up to ninety days.
he %udge, the authority, the official names do not fit administrative
punishment in the form of administrative suspension of activities, on the basis of
an application person, carrying out business activities without the education legal
person, or of a legal person prematurely terminate pursuant to administrative
penalties in the form of administrative suspension of activities, if it is determined
that you have repaired the circumstances, which were the basis for the assignment
of administrative penalties.
5inding of wor4 (article ?.(?.) $ a new type of administrative penalty ,
which is in the physical person, who has committed an administrative offense, free
from the substantive work, service, or student time free socially useful work.
=inding of work shall be appointed by a %udge and are installed on the term of from
twenty to two hundred hours. -arnishment is not more than four hours a day.
Nandatory work do not apply to pregnant women, women with children
under the age of three years, for persons with disabilities (I and II groups, military
personnel, citizens, designed for military charges, as well as to the special rank of
staff members of the internal affairs, bodies and agencies of the correctional
system, the 'tate $ire 'ervice, bodies to control the traffic in narcotic drugs and
psychotropic substances and the customs authorities.
?+
11. &he administrative responsibility health care organi'ations and health care wor4ers.
Oealth#care organizations, and health#care workers can be the sub%ects of
administrative offenses, will violate the rights of citizens, and their health,
sanitation and epidemiological well#being of the population. In particular, with
regard to health care workers and medical organizations to apply the following
article ,ode of the *ussian $ederation on administrative offenses ?+ Aecember
/++(, G (FB#$I (%ournalist)&
!rticle (./ . $ailure in the provision of information (unlawful refusal to
provide a citizen and (or) the information, which provided for federal laws, the
delayed its provision or the provision with a known false information).
).2 . Illegal occupation private medical practice, private pharmaceutical
activities either traditional medicine (aggressiveness).
!rticle ).. [iolation of the legislation in the field of sanitary and
epidemiological well#being of the population.
!rticle ).1). [iolation of the rules of trade in narcotic drugs, psychotropic
substances and their
precursors .....................................................................................
!rticle 1.1% disclosure of information with limited access.
1%.1. he implementation of the business activities without state registration
or without special permission (license), the implementation of the business
activities to a breach of the terms and conditions provided for by the special
permission (license).
!rticle 1%.% . sale of goods, works or services inade"uate "uality or in
violation of established by the legislation of the *ussian $ederation re"uirements.
(/. . &he denial of information
(!rticle(./ journalist).
*efusal to provide information is an administrative offense, implementing
the rights of citizens .
?(
.nlawful refusal to provide a citizen and (or) the information, the provision
which provided for by federal laws , erratic its provision or to provide a known
false information (articleB.?F %ournalist).
he ob%ect of the offense, are citizens> right to receive information. In
particular, the $ederal Act of /( Govember /+((, G ?/?#$I H0n the fundamentals
of health of citizens in the *ussian $ederation, one of the rights of citizens in the
field of health care citizens considers the right to receive information on their
rights and responsibilities, state of health (article(F). he procedure and conditions
for provision of such information is defined art.// the act.
In addition, article /? of the Act is the right of citizens to receive accurate
and timely information on the factors that contribute to preservation of the health
or providing the harmful effects, including information on the sanitary#
epidemiological well#being of the residence, the state environment, sound
principles of nutrition, as well as security and product supply#technical
assignments, food products, products for personal and household needs, the
potential risk to human health of works and services.
'uch information should be provided by the public authorities and local self#
government bodies in accordance with their powers, as well as organizations in
order , prescribed by the laws of the *ussian $ederation.
herefore, if a person is obliged to provide this information, wrongfully
denies in its granting, provides its late in the day, denies a citizen on the
documents that contain this information, provides these documents, information is
not fully known or provides inaccurate information, such actions will be an
ob%ective side the offense.
Aesign ct. B.?F is that this is an administrative offense may be committed by
omission and in the form (for example, the refusal to issue a copy of the document,
failure information), and in the form of (for example, when is a known myths). he
offense is considered to be completed with the moment of committing any of the
above actions (inaction).
?/
he sub%ect of the offense may be only person, whose responsibilities
include providing this information in accordance with the legislation in force.
'ub%ective side analyzed administrative offense is characterized by a
deliberate form of guilt.
Article B.?F allows for appointment of only one type of GA,A accor #
administrative fine in the amount of ^from one thousands of up to three thousand
roubles.
??
1. 6llegal occupation by private medical practice, private pharmaceutical
activities either traditional medicine (aggressiveness) (rf).2 journalist).
he article contains the composition of the offense, the ob%ect which is the
health of the citizens, their>ti _usupova active life, the established order sheet
private medical practice or private pharmaceutical activities, or people>s
aggressiveness.
)rivate medical and pharmaceutical activities can be considered as
providing services, aimed at the regular profit. o ensure that this work was not
violated in nature, it is necessary in order to register as an individual entrepreneur
and to obtain a license for the implementation of the medical or pharmaceutical
activities.
he procedure and conditions for obtaining a license are installed by the
Aecree of the -overnment of the *ussian $ederation on (J April /+(/, G /F( H0n
licensing medical activities (except for the specified activities, carried out by
health care organizations and other organizations, both within the private health
care system, in the territory innovation center HballoonH )H and resolution of the
-overnment of the *ussian $ederation of // Aecember /+((, G (+K( H0n
licensing pharmaceutical activitiesH.
In the above#mentioned regulatory and legal acts that regulate the procedure
of licensing medical and pharmaceutical activities, defined licensing re"uirements
and conditions, are listed documents, necessary for the provision of the licensing
authority, is the term of the license, the procedure for the implementation of the
monitoring of the compliance with licensing re"uirements, etc. .
In this way, activity private medical practice or private pharmaceutical
activities without a license issued in accordance with the procedures, is an
ob%ective side of the offense, as enshrined in the verdict( ct. article J./ . rials.
he offense may be a natural person engaged private medical practice or
pharmaceutical activities, without a license on this activity.
Mith the sub%ective side this wrongful act is characterized by intent, because
?@
of course, the person who is aware the wrongfulness, the illegitimacy its activities.
he most common example of an illegal occupation private medical practice
is the merH to HhomeH, without a license for private practice, in particular the
various in%ecting drugs, RT3Y5TS64T`a6< wrinkles. 0ften, such procedures
involve harm to the patient, that is the basis for attracting health professionals and
to the criminal responsibility of art. /?B ,riminal ,ode of the *ussian $ederation.
)art / of article J./ %ournalist establishes liability for illegal activity>s
traditional medicine (aggressiveness).
raditional medicine is healing methods, fundamentalism in the people>s
experience, based on the knowledge, skills and practical skills in assessment and
recovery of health. he traditional medicine does not include providing services
occultism, magic nature, as well as the performance of religious rites.
he right to an activity>s traditional medicine is a citizen, which has received
authorization issued by the executive authority sub%ect of the *ussian $ederation in
the field of health care.
A decision on the issue of a permit to occupy people>s medicine was
adopted on the basis of the statement made by a citizen, and the medical
professional non#profit organization or a statement by a citizen, and a %oint
submission to medical training non#profit organizations, and health care
organizations. *esolution gives the right to an activity>s traditional medicine at the
territory of the *ussian $ederation sub%ect, the executive authority which granted
such permission.
A person who has been granted permission, is traditional medicine in the
manner prescribed by the executive authority of the *ussian $ederation.
Aenial of authorization to occupy a citizen>s traditional medicine by decision
of the executive authorities of the *ussian $ederation, issuing such a permit, and
may be appealed to the court.
$olk Nedicine is not included in the program of state guarantees of free
citizens medical assistance (articleB+ he federal law of /( Govember /+((, G
?/?#$I H0n the fundamentals of health of citizens in the *ussian $ederationH ).
?B
he illegality the offense consists in the actions which violate the statutory
order sheet>s traditional medicine (aggressiveness).
,ulprit is assigned to only one type of punishment # an administrative fine.
Eesson private medical practice or the private pharmaceutical activity by a person,
does not have a license for this type of activity, involves applying the
administrative fine in the amount of two thousand to two thousand five hundred
roubles.
Eesson>s traditional medicine (aggressiveness) in breach of the law order
entails an overlay of a fine in the amount from one thousand five hundred to two
thousand roubles.
Administrative punishment is not exempt from the need to halt the
implementation of the private medical, pharmaceutical activities without a license,
as well as from the end of classes on b8567859Q74c.
(@. 7iolation of the legislation in the field of sanitary and epidemiological
well$being of the population
(!rt.). journalist).
he ob%ect of the offense, as provided in the article. J.? , are set by the state
rules and regulations, to ensure that sanitary#epidemiological security of citizens,
as well as health of the population. If the offender violates the rules of law of the
sanitary and epidemiological well#being, and a number of other laws, designed to
provide sanitation and epidemiological well#being of the population, public health,
health of the citizens (for example, the Eaw on the protection of the environment,
the Eaw on food safety, regulatory legal acts of the federal executive authorities,
issued by the development referred to federal laws).
,ompleted offense, as provided for in the article. J.? , is considered to be
from the moment of at least one of the action (inaction), as shown above.
Oowever, if there had been the conse"uences, such as the large#scale disease
people or poisoning, the age of criminal responsibility in ct. /?J ,riminal ,ode of
the *ussian $ederation.
?J
he administrative offense may be&
(() individuals
(/) officials
(?) legal persons
he Nental element of the offense is characterized by only a direct intent.
[iolation of the legislation in the field of sanitary and epidemiological well#
being of the population, by designating the violations of existing regulations and
health standards, non#compliance with health and sanitation and anti#epidemic
measures, shall result in a warning or a fine on the overlay of citizens, in the
amount of one hundred to five hundred roublesD the officials # from five hundred
to one thousand rublesD the persons carrying out business activities without the
education legal person, # from five hundred to one thousand roubles or
administrative suspension of activities for a term of up to ninety daysD the legal
persons # from ten thousand to twenty thousand roubles or administrative
suspension of activities for a term up to ninety days.
7iolation of the rules of trade in narcotic drugs, psychotropic
substances and their precursors or storage, accounting, implementation,
transportation, ac"uisition, use, import, export or destruction plants containing
narcotic drugs or psychotropic substances or their precursors, and their parts,
containing narcotic drugs or psychotropic substances or their precursors ( 89.).1).
).
he ob%ect analyzed administrative offenses are citizens> health and public
morals.
0b%ective side of administrative offenses provided for in the article. J.(J is
that the perpetrator is violating the re"uirements of the $ederal law on K Lanuary
(FFK. G ?#$I H
0n narcotic drugs and psychotropic substancesH and other normative acts, defining
trafficking in narcotic drugs and psychotropic substances. 0f course, in the
medical organizations is storage, accounting, issuance of funds, which are
?C
regulated by multiple regulatory and legal acts, the observance of which may be an
ob%ective toward the offense.
he sub%ect of administrative offenses are only legal persons.
Nental element of the offense, as provided in the article. J.(J Nay be
characterized as an intent and negligence (inc and negligence).
he article provides for various kinds of administrative punishment&
applying the administrative fine on legal persons in the amount of up to four
hundred roubles, with the confiscation of thousands of narcotic drugs, psychotropic
substances or their precursors or without any administrative suspension of
activities for a term of up to ninety days of the confiscation of narcotic drugs,
psychotropic substances or precursors or without such.
(B. 2isclosure of information with limited access
(:&. 1.1% ;ournalist).
Aisclosure of information, access to which is restricted by federal law
(except, if disclosure of such information would entail criminal responsibility), a
person who has ac"uired access to such information in connection with the
performance of official or professional responsibilities.
he ob%ect of the offense, as provided in the article. (?.(@ , are the relations in
the field of communication and information.
0b%ective side of administrative offenses is that the perpetrator discloses (i.e.
, tells an undetermined number of persons or individuals, from which it is
necessary to protect information) information, access to which is restricted by
federal law. An example might be the disclosure of information, constituting not
retouched, as article (? federal law of /( Govember /+((, G ?/?#$I H0n the
fundamentals of health of citizens in the *ussian $ederationH is defined a special
regime of legal protection of information on the fact that treatment of citizen for
providing medical assistance, his health condition and diagnosis, other
information, received in his medical examinations and treatment.
0b%ective side the offense there is only in the event that the disclosure of
that information is not a criminal offense, for example&
?K
(a) ct. (?K of the ,riminal ,ode Hviolation of secrecy of correspondence,
telephone conversations, and postal, telegraphic or other communicationsHD
(b) ct. (K? ,riminal ,ode Hthe illegal ac"uisition and disclosure of
information, comprising commercial, tax or banking secrecyHD
A) ct. /K? ,riminal ,ode Hdivulging state secretsH.
Nr.) ct. ?(+ ,riminal ,ode Hdivulging data preliminary investigationH.
he act is considered to be completed since the disclosure of information (a
method of disclosure is not playing). It occurs only in the form of action.
he offense may be persons who are granted access to such information in
connection with the performance of office or professional responsibilities. In
particular, $ederal Eaw Go. ?/? expressly prohibits the disclosure of information,
of intimate partner violence, including after death, persons, which they have
become known in training, performance labor, officials, office space and other
duties, except in cases prescribed by the law.
'ub%ective side of this offense is characterized by either a direct or an
indirect intent.
he ct. (?.(@ is assigned only one type of administrative penalty # fine on the
citizens, in the amount of five hundred to one thousand rublesD the officials # from
four thousand to five thousand roubles.
?F
1) !dministrative violations in the field of business.
&he implementation of the business activities without state registration
or without special permission (license), the implementation of the business
activities to a breach of the terms and conditions provided for in the special
permission (license) (article1%.1 journalist).
he offense applies to administrative offenses in the field of business.
In connection with the fact that medical and pharmaceutical activities shall
be sub%ect to mandatory licensing, a sub%ect the offense may be private medical
and pharmaceutical organizations, in the event that if they had a medical and
pharmaceutical services without a license, or to a breach of the terms and
conditions provided for under this license or carrying out medical activities with a
gross violation of conditions, under license. In particular, the flagrant violations ,
according to the status of the licensing pharmaceutical activities (ex. *esolution of
the -overnment of the *ussian $ederation of // Aecember /+((, G (+K() is the lack of
space and e"uipment belonging to him the right of property or otherwise legally
re"uired to perform the work (services), which are pharmaceutical activities, not
the licensee, exercising dTRU18\7859:2Q79 re"uirements $ederal law H0n the
treatment drugsH, rules leave narcotic drugs and psychotropic substances, registered
as medicines, medicines containing narcotic drugs and psychotropic substances,
the rules of manufacture and leave medicines for medical applications, etc.
he offense shall result in a warning or an overlay of administrative fine or
administrative suspension of activities for a term of up to ninety days .
Sale of #oods, wor4s or services inade<uate <uality or with a violation
of the laws of the "ussian Federation re<uirements (89.1%.%. &rials of "ussia).
his article shall apply to the health care organizations and health care
workers in the event of medical services inade"uate "uality or the violation of
established by the legislation of the *ussian $ederation re"uirements.
$or the first time the federal law of /( Govember /+((, G ?/?#$I
H0n the fundamentals of health of citizens in the *ussian $ederationH is defined
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"uality of care, are secured guarantees the provision available and high#"uality
medical assistance, as well as forms of "uality control and security medical
activities.
he "uality of medical care is determined by a range characteristics,
reflecting the timeliness of medical assistance, the correct methods of prevention,
diagnosis, treatment, and rehabilitation in the provision of medical care to, the
extent to which the planned result (article/ Act).
As can be seen from the language, the "uality of medical care is evaluated
on several characteristics. In the first place, it should be provided in a timely
manner. 'econdly, in the process of providing medical assistance must be used all
possible and necessary medical, diagnostic, medical and other resources. hird,
fully must be respected technology treatment. $ourthly, it is expected that, as a
result of medical care will be achieved the planned result regarding the status of
patient>s health.
Noreover, article (+ the $ederal Eaw H0n the fundamentals of health of
citizens in the *ussian $ederationH sets the criteria on which you can assess the
"uality and availability provided medical assistance. $or example, the availability
and the "uality of the medical care assistance provided by&
(() the organization of medical care on the principle of the closer proximity
to the place of residence, place of work or training.
(/) the existence of the re"uired number of health workers and their skillsD
(?) opportunity to select a medical organization and the physician in
accordance with the present federal law.
(@) the application of differing medical assistance and standards of care.
(B) providing medical organization guaranteed volume of medical assistance
in accordance with the program of state guarantees of free citizens medical
assistanceD
(J) in accordance with the legislation of the *ussian $ederation placement
re"uirements medical the organization of the public health system and the
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municipal health care system and other infrastructure in the area of health based on
the needs of the population.
(C) transport availability of medical organizations for all groups of the
population, including people with disabilities and other groups of the population
with limited capabilities of movementD
(K) opportunity to unimpeded and free use of health worker communication
means or means of transport for patient transport to the nearest medical
organization in the cases, threatening his life and health.
It should be noted, that the main criterion for "uality of medical care is
currently is considered to be compliance with differing medical assistance and
standards of care, which are being developed and adopted by the Ninistry of
Oealth of *ussia.
In accordance with the hours. ( Art. ?C of the law , medical assistance is
organized and is provided in accordance with the orders for medical assistance,
mandatory for execution on the territory of the *ussian $ederation all medical
organizations, as well as on the basis of standards medical assistance.
hus, failure to comply with health care professionals and health care
organizations considered by re"uirements in the provision of health care services
are the ob%ective side of the offense.
he offense may be nationals (health care professionals) officials (inc
individual entrepreneurs # private medical practice), legal persons (medical
organization of any legal form).
'ub%ective side analyzed offenses is characterized by either intentional, or
off if form of guilt.
he analysis of the measures administrative liability, provided for in the
article. (@.@ , shows that can be applied to an administrative fine, as well as for
officials applied victimhood.
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"eference <uestions .
(. Aefine the administrative law as well as industry#leading the *ussian legal
system.
/. Eist the public relations, which are the sub%ect of administrative law.
?. Aescribe the method of administrative law.
@. Aescribe sources of administrative law on legal force.
B. Eist the actors administrative and legal relations.
J. Oighlight a particular administrative and legal status of a citizen of *ussia, foreign
citizens and persons without citizenship.
C. Aescribe grounds, in which legal persons may be sub%ects of administrative law.
K. Aescribe the system, and the legal position of the executive authorities,
responsible for the management of the health services of citizens in the *ussian $ederation.
F. Eist the ma%or powers and activities of the Ninistry of Oealth of *ussia.
(+. Aescribe the basic functions the $ederal 'ervice for 'upervision in the field of
health (e2Q31RT4:T132RT).
((. Oighlight a particular legal provision of the $ederal medical and biological agency
(fghi *ussia).
(/. Eet status federal executive authorities, authorized to carry out the state sanitary
and epidemiological supervision in the *ussian $ederation.
(?. Aescribe the reasons and how to involve the administrative responsibility.
(@. Eist the types of administrative penalties.
(B. Aescribe the composition of the administrative offense.
(J. !xpand products administrative offenses, actors which may be health care
professionals and health care organizations.
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