ON THE SUBSTANTIVE GROUND OF ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES — OWNERS OF VEHICLES

The administrative responsibility of legal entities, as a phenomenon, is the object of study of a number of sociological sciences. One of the approaches to its understanding from the point of view of analytical jurisprudence is the study of the features of the regulatory regulation of administrative responsibility of legal entities in various areas of public administration. The legal relations that emerged in 2008 regarding bringing legal entities to administrative responsibility as a result of automatic recording of administrative offenses in the field of traffic gave rise to a scientific discussion and improvement of administrative legislation. The appearance of new compositions of administrative offenses in the articles of Chapter 12 of the Administrative Code of the Russian Federation, providing for a high amount of administrative fines, caused court disputes, the decisions on the results of which showed the imperfection of the material and legal grounds for bringing to administrative responsibility. The scientific papers present two opposing points of view regarding the possibility of bringing legal entities — owners of vehicles to administrative responsibility. The first proves the impossibility of such attraction due to contradictions between the norms of the general provisions of the Administrative Code of the Russian Federation, the second is to justify such an opportunity without amending the current legislation. The article presents a synthetic position, the essence of which is to combine the arguments inherent in the indicated antagonistic hypotheses. Without denying the possibility of bringing legal entities — owners of vehicles to administrative responsibility as a result of automatic fixation of offenses in the field of traffic, it is proposed to specify the rules for exemption of a legal entity from such. This is especially atualistic in connection with the discussion of the draft new Administrative Code of the Russian Federation.

legal entities, administrative liability, owner (possessor) of vehicle, automatic special technical means, driver, employee, fault, complaint, rules, exemption from administrative liability.

Klimovich E. V. On the substantive ground of administrative liability of legal entities — owners of vehicles. Business. Education. Law, 2020, no. 4, pp. 321–324. DOI: 10.25683/VOLBI.2020.53.474.