TO THE ISSUE OF UNCERTAINTY OF THE SUBJECT OF LIABILITY UNDER ARTICLE 16.3 OF THE CODE OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSES

The introduction of bans on the export of goods and products from the territory of the Russian Federation has caused the emergence of new legislative conflicts in terms of the subjects to whom such restrictions apply. Any norm of prohibitive nature always provides for sanctions for its non-fulfillment, but what about cases when the law does not directly stipulate the obligation of a person to comply with the relevant requirements of the law? The domestic legal system does not always unambiguously answer this question, often being guided by a formal approach to the law rather than by the substance of the legal relations involved in the disputed situation. A similar situation occurred with Article 16.3 of the Code of the Russian Federation on Administrative Offenses, which does not define specific subjects of liability for violation of state restrictions on the territory of the Russian Federation in the field of export / import of goods. That is why the purpose of the article is to determine the proper subject of liability under this article. The results of the study are to identify the causes of incorrect interpretation of legal norm, ways to eliminate such law enforcement mentioned above, as well as the development and systematization of certain rules that can be used in judicial practice when challenging the decisions of administrative authorities on bringing to administrative liability. By analyzing interior and foreign judicial practice, explanatory letters of law enforcement bodies, the authors of the work come to the conclusion that there is currently no single approach to the definition of the considered corpus delicti of an administrative offense. The conclusions of the study can be applied both in the law-making sphere and in the legal practice of disputes on appeal against acts of administrative bodies.

administrative liability, Eurasian Economic Union, business, restrictions, prohibitions, customs legislation, legislation on administrative offenses, subject of liability, foreign economic activity, foreign trade activity, the Code of the Russian Federation on Administrative Offenses

Kolesnikov Yu. A., Borisov B. A. To the issue of uncertainty of the subject of liability under Article 16.3 of the Code of the Russian Federation on Administrative Offenses. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;4(65):214—219. DOI: 10.25683/VOLBI.2023.65.833.