ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES: HISTORY AND PRESENT
Journal Title: Вісник Національного Авіаційного Університету - Year 2016, Vol 68, Issue 3
Abstract
Purpose: Legal entities are capable to accumulate much mo re financial, material, intellectual resources to achieve their goals than a natural person. It is impor tant 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 le gal entities, a mechanism of its implementation and systematization of legisl ation in this area. Methods: General scientific, philosophi cal 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 mod ern 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 pr actical 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 str essed that both of them are connected with a necessity to bring contradictions about regula tion 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 administra tive 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 c oncept of “administrative li ability of legal entities” and its implementation is an important topic for the future research.
Authors and Affiliations
Ivan Borodin, Oksana Myronets
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