Legal encyclopedia. The letter a

ADMINISTRATIVE PUNISHMENT

-

The penalty provided for committing an administrative offense. Objectives of AN:

1) is used to prevent the commission of new offenses, both by the offender himself and others;

2) does not aim at humiliating the human dignity of an individual who has committed an administrative offense or causing him physical suffering, as well as harming the business reputation of a legal entity.

Kinds:

1) A warning is an AN measure expressed in the official censure of a physical or legal person. The warning is issued in writing;

2) an administrative fine is a monetary penalty. It can be expressed in a multiple of:

- the minimum wage for

The moment of termination or suppression of an administrative offense;

- the cost of the subject of an administrative offense at the time of termination or suppression of an administrative offense;

- the amount of unpaid taxes, fees payable at the time of termination or suppression of an administrative offense.

The amount of the fine can not be less than 1/10 of the minimum wage.

The amount of the administrative fine is to be credited to the budget in full.

For one administrative offense, the main or primary and additional AH can be appointed;

3) forfeit withdrawal of the instrument of commission or the subject of an administrative offense - compulsory withdrawal and subsequent sale with the transfer of the proceeds to the former owner, minus the costs of selling the seized item. The compensated withdrawal is appointed by the judge;

4) confiscation of the instrument of commission or the subject of an administrative offense - compulsory non-repayable treatment in federal ownership or in the ownership of a subject of the Russian Federation not withdrawn from

Turnover of things. Confiscation is appointed by the judge;

5) the deprivation of the special right granted to an individual is established for gross or systematic violation of order. Deprivation of special rights is appointed by the judge. It can not be less than 1 month and more than 2 years;

6) administrative arrest - is to keep the offender in isolation from the society and set for up to 15 days, and for violating the requirements of the regime of emergency or regime in the area of ​​the counter-terrorist operation - up to 30 days. Administrative arrest is appointed by the judge;

7) Administrative expulsion from the Russian Federation of a foreign citizen or stateless person is the forced and controlled movement of these citizens and persons across the state border of the Russian Federation outside the Russian Federation;

8) disqualification - consists in depriving an individual of the right to occupy executive positions in the executive body of management of a legal entity, to enter the board of directors, to carry out entrepreneurial activities for the management of a legal entity, and

To exercise management of a legal entity. Administrative punishment in the form of disqualification is appointed by the judge. It is set for a period of 6 months to 3 years. The appointment of AN does not absolve the person from the performance of the duty, for the failure of which AN was appointed.

No one can bear administrative responsibility twice for the same administrative offense.

When a person commits two or more administrative offenses

Administrative punishment is assigned for each committed administrative violation.

If a person has committed several administrative offenses, cases on which are considered by the same body, an official, punishment is imposed within only one sanction.