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§ 2. A place of institute of administrative responsibility in legality maintenance in sphere of customs business of the Russian Federation.

Kinds of legal responsibility are diverse enough. One of the basic branches of the Russian right - administrative law - includes as the integral institute of norm about the administrative responsibility which is an independent kind of responsibility in the domestic legal system.

The given kind of responsibility is most widely applicable in sphere of public ability to live owing to what to research of problems of administrative responsibility, in system of legal responsibility historically in the is administrative-legal literature the considerable quantity of works both Russian is devoted to its place, and foreign правоведов80.

Nevertheless it is necessary to notice, that in area administrativnopravovyh relations it is applied not only administrative responsibility, but also measures of other kinds of legal responsibility. Really, infringement of effective standards of administrative law can entail application to the infringer, in particular, measures дисциплинарной81 or civil responsibility.

The legislator does not give concept of administrative responsibility, otsut -

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See, for example: Tarasov I.T.short a sketch of a science of administrative law: the Abstract of lectures. T. 1. Yaroslavl, 1888; Elistratov A.I.fundamental principle of administrative law. M., 1914; Ovcharova E.V.-legal problems of administrative responsibility of legal bodies (to the project of the Code of the Russian Federation about adminitsrativnyh offences)//the State and the right. 1998. № 7. With. 14-19; Kononov P. I. Administrative responsibility of officials. avtoref. diss.... k.ju.n. M., 1994; Studenikina M. S. Whether the special federal act about administrative justice is necessary? The law: creation and interpretation./under the editorship of A.S.Pigolkina. M., Publishing house "Spark", 1998; Tihomirov J.A., nozd - rachev A.F., Etc. the Concept of development of the administrative legislation. M., 1995; Sher - gin A.P.problem it is administrative-law of torts.//the State and the right. 1994. № 8-9. With. 52-65; Jakimov A.J. The status of the subject of an administrative jurisdiction and problem of its realisation. M., Publishing house "Prospectus", 1999; Breban G.Frantsuzskoe administrative law of the/lane with frants. D.I.Vasileva, V.D.Karpovicha. Under the editorship of S.V.Bobotova. M., "progress", 1988; Veden of France. The/lane with frants. L.M.Entina. Under the editorship of M.A.Krutogolova. M., 1973.

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Grishkovets A.A.disciplinary responsibilit for administrative violations.//Administrative responsibility: theory and practice questions / Otv. red. N.JU.hamane va. M., 2004. With. 175-185.

stvuet its uniform understanding and in the legal literature.

So, some researchers consider, that administrative responsibility as a kind of legal responsibility is an ability of the person in connection with administrative violation fulfilment to undergo the adverse consequence of personal or property character provided by the rule of administrative law and expressed in the form of administrative vzy -

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skanija. Not as ability and as the legal obligation of the person to undergo the deprivations defined by the law and restrictions for the administrative violation made by it, others understand administrative responsibility

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Authors.

Also researchers understand administrative responsibility as a kind of legal responsibility which is expressed in appointment as body or the official allocated with corresponding powers, administrative punishment to the person who has made an offence [79 [80] [81].

In our opinion, it is represented correct to consider administrative responsibility as the version of legal responsibility consisting in the right of competent state body in a statutory order to apply to the person, made administrative violation, administrative punishment, and corresponding to this right і # ' the legal obligation of the offender to undergo to the personal and property adverse consequences constituting essence of punishment imposed on it.

Administrative responsibility differs from other kinds of legal responsibility variety of essential signs.

First sign is the special basis of administrative responsibility - administrative violation, i.e. such illegal

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The act, which structure it is formulated in the Code of the Russian Federation about administrative violations or in accepted on its basis of certificates of subjects of the Russian Federation.

Let's notice, that administrative violation is not only an encroachment 10 times the government, etc. the infringements supposed in sphere of the organisation of administrative process, but also infringement of any norms of the administrative legislation, providing attraction to administrative responsibility [82]. Thus, as is administrative-legal infringements of norms in the field of trading the figure - ^ nosti, buildings, a public order, morals etc. can act

The legal science has not developed a uniform position concerning essence and quantity of the bases of administrative responsibility. So, some scientists allocates three bases of administrative responsibility: standard (legal) (system of the norms regulating responsibility); actual (the act of the concrete subject breaking legal instructions, protected by legal sanctions); remedial (the certificate of the competent subject about imposing of concrete collecting for a concrete offence). [83 [84]

Other authors are inclined to allocate only two bases: the law as a legal ground, and an offence as the actual basis of the administrative

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Responsibility.

Article 2.1 KoAP the Russian Federation makes legal definition of concept "administrative violation": administrative violation actus reus (inactivity) of the physical or legal person for which KoAP the Russian Federation or laws of subjects of the Russian Federation on administrative violations is established administrative responsibility admits illegal.

Thus, the legislator has established, that the unique actual basis for attraction of the person to administrative responsibility is administrative violation fulfilment, however concept and the signs of administrative violation formulated in KoAP the Russian Federation, mean in the presence of an offence and presence of a legal ground for impeachment.

Proceeding from legislative definition, it is possible to reveal following signs of administrative violation as the bases of administrative responsibility:

Administrative violation represents the act representing unity physical and mental, that is the realised strong-willed certificate of human behaviour, expressed in under control to consciousness motivirovannom the act or omission provided by the concrete

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Article KoAP. Fulfilment of an offence in the form of inactivity assumes, that the subject of an offence in due time has not undertaken the actions ordered by norm of administrative law, i.e. a variant of passive behaviour. So, an offence made in the form of inactivity is the offence which structure is formulated ch. 3 items 16.12 KoAP the Russian Federation: non-presentation when due hereunder the documents confirming data declared in the customs declaration if such documents have not been presented simultaneously with the customs declaration;

Act is socially dangerous (though the legislator and does not allocate such characteristic of administrative violation, but it takes place in pra -

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vovoi to the literature), that is whether causes creates the injury precondition to public relations [85 [86] [87], and it is illegal, i.e. breaks norms

The operating administrative legislation;

For the specified act administrative responsibility is established;

Act is made physical or the legal body;

At act fulfilment there are signs of fault of the subject. Absence of fault means inability or actual impossibility to realise character and possible consequences of a made offence.

The considered general signs of administrative violation are necessary for distinguishing from its legal structure [88]. The administrative violation structure is a set of the signs, allowing to define a game - kretnoe act as administratively punishable, that is, as a matter of fact, its legislative model established by the standard legal act.

The administrative violation structure represents set of several elements of structure, each of which comprises some set of signs: object, the objective party, the subject, the subjective party.

The object of administrative violation represents the public relations settled by rules of law, protected by measures of administrative responsibility [89], by which is damnified (injury threat) is created by actions of the offender. For all administrativ - ♦ nyh offences the general object will be set of the public relations settled by norms administrative and some other branches of the Russian right which is protected by measures of administrative responsibility is.

Besides the general allocate also patrimonial, specific and concrete object of administrative violation.

Patrimonial object is the certain sphere of the public relations which allocation can be made according to grouping

Norms of special part KoAP the Russian Federation, for example, public relations in the field of customs business. Narrower area of public relations, for example, set of the public relations connected with payment of customs payments will be specific object in our example. The concrete object of an encroachment is defined by the norm containing structure of this or that offence.

Such element of structure as object of an offence, it is necessary to distinguish from a subject of the offence which are, as a rule, a sign of the objective party of made illegal act. A subject pravona - ** rushenija is the concrete object of a material world in which relation the offence (the car, the stolen or damaged things etc.) is made.

The specified differentiation is observed not always. So, in the legal literature as direct object of administrative violation (infringement of customs rules) the goods and vehicles in which relation the rules established by the customs legislation of the Russian Federation [90] have not been observed are specified.

The objective party of any administrative violation characterises an offence as the certificate of external behaviour of the offender, you - * razhajushchijsja in operation or inactivity and the come result [91]. The objective party can be characterised also by such legally significant signs, as lasting character, neodnokratnost, a system etc.

Signs of the objective party are consequences of act and a causal relationship between act and consequences. However the administrative violation structure can not fix a consequence of act as a qualifying sign of act. In this case the offence structure is formal, and for impeachment it is not obligatory to establish presence of the caused damage and a causal relationship between actions of the subject and the given damage.

Structures, an obligatory sign of which objective party are consequences and a causal relationship, are called as the material. For example, the structure adminitsrativnogo the infringement provided ch will be material. 2 items 16.2 KoAP the Russian Federation: the statement the customs applicant or the customs broker (representative) at declaring of the goods and (or) vehicles of doubtful data on the goods and (or) vehicles if such data have formed the basis for clearing of payment customs on - ^ shlin, taxes or for understating of their size.

As additional signs of the objective party of administrative offences signs of a place, time, circumstances and conditions of fulfilment of an offence, the tool, means, a way of its fulfilment etc. can serve

The subject of administrative violation is physical or the legal body at which actions there is an administrative violation structure. By scientists it is underlined, that the person is not included into structure, and the structure includes as constructive those signs which characterise the executor of wrongful act [92].

* The physical person as the subject administrative pravonarushe

nija should correspond to two signs: to reach age deliktosposob - nosti (i.e. abilities to bear administrative responsibility) and to possess responsibility (i.e. absence of signs of a mental illness at the moment of offence fulfilment).

Administrative responsibility is come under by the person who has reached by the moment of fulfilment of administrative violation of 16 years.

If the physical person during fulfilment of wrongful acts (inactivity) was in state of insanity, that is could not realise actual character and illegality of the actions (inactivity)

RUSSIAN STATE 41; VIBLIOTEKA

Or to supervise over them owing to the chronic mental derangement, the time mental derangement, weak-mindedness or other disease state of mentality, such person does not come under to administrative responsibility

Some structures of administrative violations are formulated in such a manner that the subject of such offences should possess special properties. In this case, that act has been recognised by an offence, and for its fulfilment to the physical person measures of administrative responsibility have been applied, the subject should possess corresponding special administratively-legal status. General part KoAP ^ the Russian Federation contains a number corrected, administrative violations concerning special subjects.

So, the official comes under to administrative responsibility in case of fulfilment of administrative violation by it in connection with default or inadequate execution of the official duties.

The official according to KoAP the Russian Federation is the person, is constant, temporary or according to special powers carrying out functions of the public agent, that is allocated in a statutory order administrative powers concerning the persons who are not in a career dependence from it, and or - * ganizatsionno-administrative or administrative functions the person who is carrying out is equal in the state bodies, local governments, the state and municipal organisations, and also in Armed forces of the Russian Federation, other armies and military formations of the Russian Federation. The made administrative violations in connection with performance organizatsionnorasporjaditelnyh or administrative functions heads and other workers of other organisations, and also the persons who are carrying out enterprise activity without formation of the legal person, bear administrative responsibility as officials if the law does not establish other.

Military men and the citizens called on military gathering bear the answer -

stvennost for administrative violations according to disciplinary regulations. Employees of law-enforcement bodies, bodies ugolovnoispolnitelnoj systems, the State fire service, bodies under the control over a turn of narcotics and psychotropic substances and customs bodies bear responsibility for administrative violations according to the standard legal acts regulating an order of service in specified bodies.

The legal body gets property deliktosposobnosti from the moment of the state registration and consequently, from the moment of the creation mo - ^ zhet to be involved in administrative responsibility.

Change of the legal status of the legal person, attracting its transition in other organizational condition as follows is reflected on deliktosposobnosti this legal person: at merge of several legal bodies the newly arisen legal body is involved in administrative responsibility for administrative violation fulfilment; at joining of the legal person to other legal body - the attached legal body; at division of the legal person or at allocation from structure of the legal person one or several legal - that legal body to whom according to dividing balance have passed the rights and duties under the concluded transactions or property in connection with which administrative violation has been made; at transformation of the legal person of one kind to the legal body of other kind - the newly arisen legal body.

Attraction to administrative responsibility in case of reorganisation is carried out irrespective of, whether it was known to the legal body involved in administrative responsibility about the fact of administrative violation before reorganisation end.

As special subjects of administrative responsibility the legislator allocates along with official and legal bodies also minors, foreign subjects, stateless persons and foreign legal bodies [93].

The subjective party of administrative violation reflects psychoemotional reaction of the person concerning illegal act made by it [94] and is characterised, first of all, by fault, i.e. the special osoznanno-strong-willed relation of the subject of an offence to made act and its consequences.

As an element of structure of an offence of wine can be two forms: intention and imprudence. Administrative violation admits made deliberately if the person, its made, understood proti - ^ vopravnyj character of the action (inactivity), expected its harmful consequences and wished approach of such consequences or meaningly them supposed or concerned them is indifferent.

Administrative violation admits made on to imprudence if the person, its made, expected possibility of approach of harmful consequences of the action (inactivity), but without the sufficient bases to that self-confidently counted on prevention of such consequences or did not expect possibility of approach of such consequences though should and could expect them.

Special rules about fault are established concerning legal bodies, „ which owing to the collective nature cannot have the subjective relation to made act. The code provides a design according to which the legal body admits guilty administrative violation fulfilment if it will be established, that it had a possibility for observance of rules and norms for which infringement KoAP the Russian Federation or laws of the subject of the Russian Federation is provided administrative responsibility, but the given person has not been take all measures depending on it on their observance. Thus appointment of administrative punishment

To the legal body does not release from administrative responsibility for the given offence the guilty physical person, no less than attraction to administrative or the criminal liability of the physical person does not release the legal body from administrative responsibility for the given offence.

In the theory of administrative law of wine of the legal person it is understood ambiguously. Consideration of fault of the legal person as subjective phenomenon that is as mental relation to illegal act and its consequences, gives its understanding as psychological relation to sodejan - ^ nomu the collective, defined on dominating will "in this collective, and« fault of the legal person cannot is any be defined only at revealing of fault of the concrete official. To proving comes under

Guilt of all workers who are carrying out actions on behalf of the organisation 100

As a whole ».

Other approach to fault of the legal person is based on a priority of objective aspect in activity of the legal person. The fault of the legal person is defined as «a complex of the negative elements characterised by disorganisation of activity of the legal person, nonacceptance of necessary measures by it for appropriate execution of the duties assigned to it, nepri - „ lozheniem demanded efforts for the prevention of offences and elimination of their reasons» [95 [96] [97] [98].

Operating KoAP the Russian Federation has gone on the second way, having unified concept of fault of the legal person on the basis of the objective approach, having refused from the subjective approach to fault of the organisation defined in this case through fault of its officials and representatives [99].

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Such signs concern the subjective party of administrative violation, as the purpose of the subject of an offence if it is provided as a special sign in concrete article of Special part KoAP the Russian Federation also.

Second sign of administrative responsibility is that can be involved in it both physical, and the legal body while the criminal legislation assumes impeachment only physical persons.

In the decision of a question on attraction to administrative responsibility ^ legal bodies Russia follows in the tideway of the world tendency: many countries, having faced sharp growth of the offences made by corporations, have gone on a way of development of institute of responsibility of legal bodies (both criminal, and administrative). Now administrative responsibility of legal bodies at level kodifitsirovannyh certificates is established in Germany, Italy and Portugal. In the widest image this institute is used and in legal practice of the European Union [100].

The circle of persons which have the right to impose official penalties is simultaneously extremely wide also. If to civil or the criminal liability the physical person can be involved exclusively under the decision

# To court (sentence) a measure of administrative responsibility the decision have the right to appoint not only court, but also many enforcement authorities, and also the authorised organisations and establishments. So, affairs about the administrative violations provided KoAP the Russian Federation, are considered within the competence: judges (world judges); the Commissions on Juvenile Affairs and protection of their rights; federal enforcement authorities, their establishments, structural divisions and territorial bodies, and also other state bodies authorised on those proceeding from problems and functions, assigned to them federal acts or standard legal acts of the President of the Russian Federation or the Government of the Russian Federation.

It is represented, that investment with an administrative jurisdiction of enforcement authorities at obligatory maintenance of guarantees of the rights and freedom of citizens and legal bodies, their judicial protection, completely corresponds to essence of administrative responsibility, that repeatedly confirmed also the Constitutional Court of the Russian Federation (Definition from June, 21st, 2000 [101] and the Decision from July, 30th, 2001 № 13-P [102]).

In the literature it is underlined, that official penalties nalaga - jutsja bodies and officials on unmastered it of offenders [103] that distinguishes administrative responsibility from labour (disciplinary).

Third sign of administrative responsibility is that for administrative violation fulfilment on the guilty person administrative punishment is imposed. Measures of administrative responsibility on the structure also considerably differ from criminal liability measures. Before introduction in action new KoAP the Russian Federation under punishment was understood exclusively a criminal liability measure. Administrative responsibility consisted in application of official penalties. Now measures # administrative responsibility recognise administrative punishments, among which: the prevention; the administrative penalty; compensated taking of the tool of fulfilment or an administrative violation subject; confiscation of the tool of fulfilment or an administrative violation subject; deprivation of the special right given to the physical person; administrative arrest; Administrative exclusion for limits of the Russian Federation of the foreign subject or the stateless person; disqualification.

Fourth sign is the order of an establishment of administrative responsibility. So, the criminal legislation as one of basic principles leans against position about impossibility of an establishment of punishment under criminal law differently as on the bases and in an order, the Russian Federations provided by the Criminal code. Article 1 of the Criminal code of the Russian Federation provides, that all novels providing the criminal liability, come under to inclusion in the Criminal code of the Russian Federation.

It is necessary to notice that circumstance, that now all other federal sources of administrative law cannot contain norm ^ about administrative responsibility. Current KoAP the Russian Federation has abolished existing variety of sources of norms about administrative responsibility at federal level, having generated not only the general part of all institute, but also having defined the exhaustive list of structures of administrative violations.

According to item 72 of the Constitution of the Russian Federation the administrative legislation (also as is administrative-remedial) is carried to subjects of joint conducting the Russian Federation and its subjects. It means, that subjects of the Russian Federation have the right to accept on the basis of existing federal acts own regulatory legal acts in area a hell - ^ ministrativnogo the rights in general and administrative responsibility in particular. In this connection KoAP the Russian Federation establishes, that the legislation on administrative violations consists from KoAP the Russian Federation and laws of subjects of the Russian Federation accepted according to it about administrative правонарушениях1 °7. The establishment concerns conducting the Russian Federation in the field of the legislation on administrative violations: general provisions and principles of the legislation on administrative violations; the list of kinds of administrative punishments and their rules primene - [104 [105]

nija; administrative responsibility on the questions having federal value, including an administrative liability of infringement of rules and the norms provided by federal acts and other standard legal acts of the Russian Federation; the procedure on affairs about administrative violations, including an establishment of measures of maintenance of manufacture on affairs about administrative violations; an order of execution of decisions about appointment of administrative punishments.

Hence, all other questions can be resolved subjects of the Russian Federation in own legislation taking into account regional features.

Now the majority of authors believe, that administrative responsibility should be established thus: federal acts and laws of subjects of the Russian Federation [106].

Fifth sign is special procedure of attraction to administrative responsibility which is much easier, rather than similar procedures of attraction to civil or the criminal liability. The problem of fast and effective reaction to infringement of norms of the administrative legislation has predetermined necessity of fastening concerning simple, economic and short procedure of attraction to admi - nistrativnoj responsibility. In administrative law impeachment on a place of fulfilment of an offence with the minimum registration of an event (for example, in a case with payment of the penalty for stowaway journey in city public transport) is possible. With reference to criminal or a civil liability it is inadmissible.

And, at last, it is possible to consider as sixth sign allocated in legal

To the literature such sign of administrative responsibility, as possibility of the appeal of attraction to it in judicial or administrative порядке109.

Problems of administrative responsibility according to item 1.2 KoAP the Russian Federations are: protection of the person; protection of the rights and freedom of the person and the citizen; health protection of citizens and sanitary-and-epidemiologic well-being of the population; public morality protection; preservation of the environment; protection of the established procedure of the government; public order and public safety protection; property protection; protection of lawful economic interests physical and legal bodies, a society and the state from administrative violations; the prevention of administrative violations.

Let's notice, that the majority of problems are focused on maintenance of existence of the established order of public ability to live with forces,

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tsa come under to administrative responsibility irrespective of the location, organisation-legal forms, subordination, and also other circumstances.

Special conditions of application of measures of maintenance of manufacture on business about administrative violation and attraction to administrative responsibility of the officials who are carrying out certain state functions (deputies, judges, public prosecutors and other persons), are established by the Constitution of the Russian Federation and federal acts, as an example of such law the Federal act from May, 8th, 1994 № Z-FZ «About the status of a member of Council Federa - tsii and the status of the deputy of the State Duma of Federal assembly of the Russian Federation» [107] which item 19 provides can serve, that the member of the Federation Council, the deputy of the State Duma without the consent of corresponding chamber of Federal assembly of the Russian Federation cannot be: are involved to criminal or in the administrative responsibility imposed judicially; are detained, arrested, subjected a search (except detention cases flagrante delicto) or to interrogation; Are subjected personal inspection, except for cases when it is provided by the federal act for maintenance of safety of other people.

2) the Principle of inevitability of responsibility, consists in that, 4 all administrative violations have been operatively revealed also guilty persons are made accountable.

3) the Principle of the presumption of innocence. The person in which relation manufacture on business about administrative violation is led, is considered innocent while its fault will not be proved in an order provided KoAP the Russian Federation, and is established by the decision which has entered validity of the judge, body, the official who has considered case. The person comes under to administrative responsibility only for those administrative violations, in otno -

- shenii which its fault is established...

Essence of the presumption of innocence also that the person involved in administrative responsibility, is not obliged to prove the innocence, and ineradicable doubts in guilt of the person involved in administrative responsibility, are interpreted in favour of this person.

4) the objective truth Principle, expressed that the decision on attraction to administrative responsibility should be accepted on the basis of all-round, full and objective finding-out of circumstances of each business.

5) the Principle of humanism [108] according to which in process privleche - nija to administrative responsibility and realisation of measures of administrative punishment human advantage of physical persons should not be degraded is undermined business reputation of legal bodies and individual businessmen.

6) a justice and expediency Principle on which measures of administrative responsibility should correspond to weight and character of administrative violation.

Also, along with the considered principles administrative responsibility is based on the certain substantive provisions connected with maintenance of legality at application of measures administrative prinuzhde - TS nija in connection with administrative violation:

- The person involved in administrative responsibility, cannot be inflicted to administrative punishment and measures of maintenance of manufacture on business about administrative violation differently as on the bases and in an order, statutory.

- Application by representatives on that body or the official of administrative punishment and measures of maintenance of manufacture on business about administrative violation in connection with administrative violation is carried out within the competence of the specified body or the official according to the law.

On the basis of stated it is possible to draw following conclusions:

1. Administrative responsibility as a version of legal responsibility, takes own place in legality maintenance in sphere of customs business of the Russian Federation and represents the right of competent state body in a statutory order to apply to the person who has made administrative violation, administrative punishment, and the legal obligation of the offender corresponding to this right to undergo to the personal and property adverse consequences constituting essence of punishment imposed on it.

2. The signs of administrative responsibility distinguishing it from other kinds of legal responsibility, are:

2.1. The special basis of administrative responsibility - administrative violation, i.e. such illegal, actus reus (inactivity) of the physical or legal person for which KoAP the Russian Federation or laws of subjects of the Russian Federation on administrative violations is established administrative responsibility.

2.1.1. Administrative violation as the basis of administrative responsibility has following signs: represents the act (act or omission) combining physical and mental aspects, being the realised strong-willed certificate of behaviour; is socially dangerous and illegal; for act administrative responsibility is established; act physical or the legal body is made; it is made it is guilty.

2.1.2. Administrative violation signs it is necessary otli

chat from its legal structure, that is set of the signs, allowing to define concrete act as. Administratively punishable. Elements of structure of administrative violation are: object, the objective party, the subject, the subjective party. -

2.2. Attraction possibility to administrative responsibility both physical, and the legal person, not the subordinate to bodies and dolzhnost

nym to the persons, authorised to impose official penalties.

2.3. For administrative violation fulfilment administrative punishment is imposed on the guilty person; measures of administrative responsibility on the structure also considerably differ from criminal liability measures.

2.4. Administrative responsibility is established in a special order: the legislation on administrative violations consists from KoAP the Russian Federation and laws of subjects of the Russian Federation accepted according to it on administrative violations

^ 2.5. Attraction to administrative responsibility is made on

To special procedure, less difficult, than similar procedures of attraction to civil or the criminal liability.

2.6. Possibility of the appeal of attraction to administrative responsibility in a judicial or administrative order.

3. Short story KoAP the Russian Federations are special rules about fault of the legal bodies, based on the objective approach to it; the legislator has refused a principle of objective imputation concerning administrative violations of legal bodies. Thus appointment of administrative punishment to the legal body does not release from administrative responsibility for

* The given offence the guilty physical person, no less than attraction to administrative or the criminal liability of the physical person does not release the legal body from administrative responsibility for the given offence.

4. Principles of administrative responsibility are principles: legal equality of all before the law and court, inevitability of responsibility, the presumption of innocence, an objective truth, humanism, justice and expediency.

The customs legislation.

The general concept of legal responsibility is basic by consideration of kinds, features and the bases of other, branch kinds of responsibility, including categories of customs responsibility. Definition of concept and revealing of essence of legal responsibility throughout decades were one of most challenges both the general theory of law, and branch jurisprudence, not having lost the urgency and now [109].

The modern jurisprudence has not developed till now uniform concept of legal responsibility, that, in particular, is predetermined by complexity of legal responsibility as object of the scientific research, caused by a variety of elements entering into it, prevalence in all spheres of human activity, and from here - plurality of displays in this connection any unequivocal treatment of legal responsibility is unilateral [110].

During the Soviet period of development of legal science in philosophical [111] and the legal [112] literature the widest, positive understanding of the responsibility treated as comprehension by the subject of the behaviour, its consequences and the social importance, or otherwise — as a social, moral and legal debt has started to be formed. In this connection the concept has affirmed,

Which adherents considered, that legal responsibility has two aspects: positive (responsibility for the future actions) and negative or retrospective (responsibility for already perfect actions) [113]. Thus positive responsibility is the requirement (debt) to the future active, conscious lawful activity of the subject of law [114]. Within the limits of this scientific direction positive legal responsibility acts as the second aspect, «mirror reflexion» traditional responsibility for an offence. Such approach in the theory of legal responsibility has received the idea name «uniform dvuhaspektnoj legal responsibility», not lost scientific potential and now [115].

According to other widespread treatment dvuhaspektnaja the concept of legal responsibility does not reflect essence of this phenomenon [116 [117] though some jurists who are not including positive responsibility in volume of concept «legal responsibility» underline expediency of research of a question about positive legal responsibly

120

sti

According to researchers, positive legal responsibility ime -

et quite objective bases also represents special communication, the special relation of the citizen with the state [118]. The essence of positive responsibility sees «in independent and initiative activity within the limits of rules of law... Without research of"positive"responsibility it is impossible to understand and responsibility"negative"[119 [120].

Denying independent concept of the positive legal responsibility, some scientists consider it or as a category individual pra -

pi

vosoznanija, or identify with legality. And consequently they believe, that legal responsibility has only retrospective aspect. Co - ^ to publicly such approach, positive legal responsibility is not the second aspect, a back of legal responsibility for an offence, positive and retrospective responsibility is essentially separated under the maintenance and the purposes [121], positive responsibility is not legal, and, on a being, a moral category [122]. It is absolutely fairly underlined by researchers, that positive social responsibility finds a reality not in connection with sanctions and punishments; to it categories independence and the initiative, the rights and freedom [123 [124] are related.

Positive responsibility has also legal essence which constitutes a duty. However this judgement should not give the basis ^ to identify such categories, as "duty" and "responsibility" as the concept of positive responsibility is wider, than only one duty.

Inadmissibility of an identification of concepts "duty" and «otvetstven -

nost »it was repeatedly underlined in a science [125] as, in particular, it not only does not lead to a gain of knowledge, but also excludes from concept of positive social responsibility its main quality most, perhaps, - presence of the possibilities giving to the person ability to achieve of certain result, to expect consequences of the actions, that is why to take up consequences of these actions and behaviour [126]. The statement that the lawful behaviour of the citizen can be considered as the form of realisation of special positive legal responsibility [127] admits disputable.

It is represented, that legal responsibility as legal katego - ^ rija should be considered exclusively in retrospective aspect as from such point of view it has the legal maintenance and "does not flow" in the field of sociology, philosophy, psychology. Positive legal responsibility (as the scientific category), undoubtedly, has the right to existence, however should not join in legal concept «legal responsibility».

Let's notice, that the uniform sight at legal responsibility in its retrospective (negative) understanding in the legal literature has not developed. We will consider the most widespread sights from a spectrum of available scientific concepts.

So, now in legal science the understanding of legal responsibility as measures of the state compulsion, as negative reaction of the state to a perfect offence [128] has rather deeply taken roots. Proceeding from it legal responsibility is defined as the tonic -

nenie measures of the state compulsion to the offender for the illegal act made by it [129]. In similar opinion of other researchers «legal responsibility always was based on sanctions of rules of law the state compulsion which is carried out against the offender» [130] or represents use concerning the legal persons who have broken the law, measures of the state compulsion in the form of deprivations of personal, organizational or property character [131]. Similar the understanding of legal responsibility as applications to the person of measures of state-compulsory influence for made ^ an offence of consequences of negative character [132] or provided by the current legislation for a perfect offence, including application possibility to guilty measures of the state compulsion [133] is represented also.

Even considering legal responsibility as following from the fact of fulfilment of an offence putting on on the offender of a legitimate kind and a measure imperiously-compulsory preterpevanija deprivations of personal, property, organizational character [134], researchers not far leave from definition of legal responsibility through a category «a measure of the state influence».

Within the limits of the considered concept three elements soder - zhanija legal responsibility are allocated: the state condemnation, compulsion and adverse consequences for the offender. According to some scientists, in the most consecutive kind this approach to responsibility

Gravitates to its treatment as penalties, punishments [135].

Legal responsibility is considered also as realisation of sanctions of rules of law [136 [137], understanding under sanctions of a measure of the state compulsion, provided by rules of law and expressed in negative, adverse consequences for the offender. Legal responsibility is on occasion underlined, that, being sanction realisation, is execution of a duty existing before infringement or the new duty which have arisen in connection with its infringement under the influence of the state compulsion. That is it appears as mediated ^ as the state compulsion discharge of duty.

Along with understanding of legal responsibility as the rights of the state to application of measures of influence to offenders, it can be considered and as a duty of the person who have broken legal instructions, to undergo measures of the state influence. Legal responsibility in this case acts as a legal obligation version.

And within the limits of the given approach of unity of opinions concerning definition of legal responsibility to reach it was not possible. So, separate researchers consider legal responsibility as a duty to undergo deprivations of personal and property character for an offence [138], others of races - smatrivajut it as a duty to give the report for the actions [139], the third approve, that it is necessary to understand as legal responsibility «a duty of the offender to be responsible for the offence made by it before a society and the state and to undergo action of those sanctions which applies to

To it corresponding body of the state »[140].

Legal responsibility is considered by researchers and as ability of the subject to give the report for the illegal act and to undergo measures of compulsory influence [141]. In this case, in our opinion, necessity for the offender is basic to undergo measures of the state compulsion, therefore as a whole the specified sight is not far from understanding of legal responsibility as duties of the broken instruction of the right of the person.

As a whole it is solidary with S.S.Alexey's considered position which ^ believes, that at legal responsibility the offender "answers" - it is obliged to undergo measures of state-compulsory influence (sanction) for a perfect offence [142]. Practically identically as a matter of fact definition of legal responsibility as duty of the person (organisation) assigned in statutory remedial forms to undergo certain deprivations of personal, property and organizational character for a perfect offence [143 [144]. Also positions at which the maintenance of legal responsibility as the legal duty of the offender sees in preterpevanii the measures of the state compulsion blaming it for are similar perfect illegal act is guilty and

147

r personal in deprivations personal or property character or as «a certain legal condition of the punished offender, its defective legal status» [145].

Vysherassmotrennye concepts focus attention on this or that aspect of the rich maintenance of a legal category «legal otvetstven

nost ». Attempt to connect them together, having included in volume of concept of legal responsibility the diverse maintenance of relations realised within the limits of a given legal category, supporters of understanding of legal responsibility as do legal relations of guarding character.

So, among scientists there is an opinion, that legal responsibility is special legal relations between the offender and the state in the name of competent state bodies [146 [147]. Within the limits of this legal relation the state possesses the right to impose collecting for an offence, and the infringer is obliged these collectings to undergo. The essence of the given institute follows from its name: "responsibility" means, on the one hand, to call to

V. 150

To the answer, and on the other hand - to answer, be responsible for the acts.

Other researchers essence of legal responsibility see in a negative legal estimation of behaviour of the infringer on behalf of the state. Hence, legal responsibility acts as legal relation during which realisation the state states a negative legal estimation to the offender and subjects to its compulsory influence according to the law [148 [149].

On bilaterial character of the rights and duties within the limits of legal relation of legal responsibility focuses attention a sight at it as on the legal relation, each of which parties is obliged to be responsible for the acts before other party, the state and a society. Under legal responsibility, according to O.E.Lejsta, it is possible to understand «the legal relations taken in dynamics between the offender (or the person convicted of an offence) and the state bodies (in the cases defined by the law - to victims from an offence)» [150].

The point of view, on which legal is worthy otvetstven -

nost represents not a duty of the person to undergo any deprivations, and process of its realisation in guarding legal relations, as «... When the offence is not noticed by the state or is not established (or is not found) the offender, last does not bear any deprivations» [151]. Though the given position also causes fair, in our opinion, the critic on the ground that «the practical impossibility to realise on occasion this or that position of the theory should not lead to negation of all theoretical design as a whole» [152].

The maintenance of legal responsibility as guarding pravoot - carrying sees to researchers rather wide. So, according to one scientists, this legal relation consists, on the one hand, in a summer residence the infringer of the report on the act; in loss by it in opinion of the state and the public if there was its fault; in preterpevanii the deprivations provided by legal sanctions; on the other hand, - in reclamation by the state body of the report of the infringer in its unlawful conduct; in condemnation by the state body of behaviour guilty of an offence; in application to the infringer of the measures provided by legal sanctions and executions of the made decision when it is demanded by character of the applied measure [153]. Century N. Kudryavtsev also considers possible to consider legal responsibility as sotsial - # • noe the relation between the subject (the citizen, collective) and system of the social control (in the name of its bodies) in connection with realisation by this subject of behaviour [154]. According to J.M.Brajnina, legal responsibility as concrete legal relation arises owing to law-breaking, and its maintenance is the legal obligation of the offender to answer the bodies of the state authorised on that concerning made by it naru -

shenija the law and to be treated to sanction action.

Definition of legal responsibility through a category of guarding legal relation frequently is exposed to criticism [155 [156]. In particular, it is underlined, that guarding legal relation - a category wider and capacious, rather than a category of legal responsibility. At the same time legal responsibility richer phenomenon; it expresses the deep bases and "strategic" problems of legal regulation in cases when the state reacts to offences [157].

Thus, as we have already noted, legal responsibility, jav - ljajas a version of responsibility social, represents patrimonial concept in relation to institute of responsibility for infringements of the customs legislation. Developing concept of a liability of infringement of the customs legislation, it is necessary to consider all definitions of legal responsibility considered by us (in its retrospective understanding) as they adequately reflect those or other sides of this difficult legal phenomenon, deducing on the first place its this or that aspect.

To open essence of a legal liability of infringement of the customs legislation it is obviously necessary to consider the given institute from two points of view: in a statics and in dynamics.

* The static understanding of legal responsibility characterises it

As the legal institution [158], the integral element of any legal system which purpose is coordination of legally significant behaviour of subjects in a direction of exact realisation of requirements of rules of law.

C this point of view the legal liability of infringement of the customs legislation represents the body of laws, fixing influence measures (negative consequences) for fulfilment pra -

SHCH

vonarusheny in sphere of the customs legal relations, the applications provided and guaranteed by possibility to the offender of measures of the state compulsion.

The dynamic understanding of a legal liability of infringement of the customs legislation "translates" its consideration in sphere of realisation (application) of norms of legal responsibility, characterises the legal maintenance of institute of the legal responsibility, revealing in the course of actions on reduction of concrete norm of the customs legislation during a life.

Proceeding from it, the legal liability of infringement of the customs legislation represents the complex of the rights mediated by the objective right and duties of subjects — the concrete legal relation which maintenance is, on the one hand, the right of competent state body in a strict remedial order to estimate behaviour of the subject from the point of view of its conformity to legal instructions of the customs legislation and to apply to the offender the sanctions provided by a law in force, in case of detection of structure of an offence, and on the other hand - korrespondirujushchaja to this right the legal obligation of the offender to be treated to action of the sanctions imposed legally.

*, Proceeding from the given concept of a legal liability of infringement

The customs legislation, we will formulate its basic signs.

First, the given kind of responsibility, as well as any legal responsibility, is provided and guaranteed by the state compulsion. The interrelation of legal responsibility and the state compulsion is shown that the state, creates the rules of law formulating the bases, kinds and measures of legal responsibility. Besides, realisation of measures of responsibility is provided by possibility of their application under compulsion, not looking on desire or the consent of the offender.

The state compulsion guaranteeing and providing realisation of measures of legal responsibility, traditionally admits it is

*

dimym a sign. The state compulsion is defined by researchers as state possibility to oblige the subject besides its will and desire to make certain actions or as specific influence on the behaviour of the people based on organised force of the state [159 [160] [161], and also as «external influence on the behaviour based on organised force of the state and directed on the unconditional statement state in -

164

Whether "or" carried out on the basis of the law the state bodies, officials and the authorised public organisations physical, mental, property or organizational influence with a view of protection of personal, public and state interests »[162], or as the special form of influence of competent bodies of the state and the authorised officials, realised by application of legitimate means and sanctions to corresponding persons besides their will [163 [164].

Frequently the state compulsion by researchers considers — - sja rather narrowly, denying presence of the state compulsion in case of execution by the offender of a duty on penalty payment (the penalty, peni) and the indemnification in a voluntary order. It is represented, that it mismatches essence of the state compulsion. The matter is that as a result of realisation of norms of legal responsibility in dopol - ♦ nenie to a duty existing to an offence (for example, on duty payment) there is an additional duty (to pay the penalty, penju, the penalty). Voluntary performance of the assigned measures of responsibility jav -

ljaetsja rather conditional as the state compulsion includes both actual application of certain measures of influence, and the threat of such application realised by the offender and stimulating it to the prompt discharge of duty.

Second sign of a legal liability of infringement of the customs legislation is presence at it special, legal, the bases. Legal responsibility, unlike other forms of social responsibility is possible exclusively for infringement of rules of law. Accordingly customs responsibility is possible for infringement of norms of the customs right.

Discriminate the legal and actual bases of legal responsibility. The legislative ground of customs responsibility will be the norm of the customs right containing an interdiction of those or other actions by fastening of responsibility for their fulfilment. The actual basis of a legal liability of infringement of the customs legislation is the offence in customs sphere - illegal, socially harmful, guilty act deliktosposobnogo persons. Act can be recognised by an offence if its signs are in advance established in the law.

Following integral sign of legal responsibility in general, and customs, in particular, is the negative estimation (condemnation, censure) behaviour of the offender from the state. And it is necessary to notice, that aksiologicheskaja the category "estimation" will be a sign of legal responsibility only when it has those or other legal effects, instead of is expressed simply in moral censure. The negative estimation is possible only concerning meaningly operating person capable proceeding from set of the physical, mental and strong-willed qualities to formulate the relation to the illegal act, to realise its illegality. Thus, responsibility represents negative reaction of the state to the negative relation of the subject to interests protected by the right, expresses state osuzhde -

nie only guilty behaviour.

In fair opinion of researchers, the state condemnation (censure) of the offender and (or) its acts allows to distinguish legal responsibility from other kinds state prinuzh -

168

denija.

Fourth sign of a legal liability of infringement of the customs legislation is application of punishment, a penalty concerning the offender. This sign expresses the major element of the maintenance of legal responsibility — a duty preterpevanija the person, having made - * ' shim an offence, the adverse consequences provided by sanctions of rules of law. Punishment is expressed in causing to the guilty person of adverse, unprofitable consequences for it personal (mental, physical) and property character. Application of any measure of responsibility (imprisonment, the penalty, the prevention or other measures) is always influence on the person, belittling to some extent the personal blessing of the offender - its honour and advantage because impeachment means social and legal public condemnation of behaviour of the offender. Sometimes this condemnation is accompanied also by property deprivations. For example, one rules of law provide only F deprivations of personal character, others - personal and property character (the penalty, a confiscation etc.).

Punishment application reflects feature of legal responsibility as levers on the offender. Proceeding from it withdrawal, for example, property at the innocent purchaser in favour of the proprietor, legal obligation enforcement (for example, shortage payment, collecting of the alimony, eviction of the person who have autocratically occupied a floor space) should not be considered as a measure of responsibility. Thus there is no new duty, in these situations parties liable do not bear neblagoprijat -

1 AH

More in detail see: Malinovsky n customs zakonoda - * - telstva the Russian Federation (financially-legal aspects). Diss.... k.ju.n. M., 1997.

nyh consequences, application to them diminishes nothing compulsions and does not add to the duty maintenance.

It is necessary to notice, that application of sanctions is only one of signs of a legal liability of infringement of the customs legislation, but at all does not settle its maintenance. O.E.Lejsta's opinion which noticed is absolutely fair, that «the concept of responsibility on the volume is wider than concept« application of sanctions »as includes such problems as qualification of an offence, guarantees of achievement of an objective truth on business, application of a preventive punishment (maintenance), the right of the person, obvi - * ' njaemogo in an offence, the condonation bases,« a condition nakazannosti »at realisation penal, punitive sanctions and a number of others» [165].

Fifth sign of a legal liability of infringement of the customs legislation is remedial character of its realisation.

Attraction of the person to responsibility should is made only by state bodies lawfully authorised on that within their competence and of strict conformity with norms of the law of procedures in detail regulating the rights and duties of representatives of these competent state bodies. protsessualnost legal responsibility jav - * ' ljaetsja the important guarantee of full observance of the rights, freedom and legitimate interests of the persons made accountable, also it is guaranteed by possibility of the appeal of actions of officials and institute of compensation of the damage caused by their illegal acts.

And, at last, sixth sign of a liability of infringement of the customs legislation, allowing to delimit institute of legal responsibility in sphere of customs legal relations from other kinds of legal responsibility, the special sphere of action and realisation of norms of such responsibility — set of the public relations constituting customs business of the Russian Federation is. The given sign will be in detail considered by us further, here only we will notice, that it is closely connected with the signs set forth above and in many respects defines their maintenance. So, norms of the customs right (constituting a standard basis of customs business) fix the basis of legal responsibility in sphere of customs business, formulate kinds of punishments for infringement of the customs legislation, regulate an order of realisation of norms of such responsibility.

So, signs of legal responsibility are: indissoluble * • ' communication with the state compulsion, obligatory presence of an offence as the bases of its occurrence, a negative estimation the state of behaviour of the infringer of legal instructions, putting on on the offender of adverse consequences for it, the rules of law provided by sanctions, protsessualnost realisations and special sphere of action and realisation of norms of legal responsibility in customs sphere - set of the public relations constituting customs business.

The jurisprudence has developed also system of principles of the legal responsibility expressing its essence and completely extending and on a liability of infringement of the customs legislation, and also jav - F ljajushchihsja the standard at formation legislative and pravoprimenitelnoj experts. A uniform sight at system of principles of legal responsibility for today has not developed. So, one authors carry justice, legality to principles of legal responsibility, neot-. vratimost, an individualization, humanism and guilt of act. Other researchers supplement system also with a responsibility principle only for the acts which are illegal (the maintenance of the given principle is focused, first of all, on the legislator and consists in necessity to establish responsibility only for the acts which are socially harmful, [166]

Dangerous) and the principle of expediency having in many respects something in common with a principle of humanism, and also an objective truth principle.

The concept, signs and principles of legal responsibility predetermine the functions assigned to it as on one of kinds of social responsibility.

In the legal literature following functions of legal responsibility are marked: repressive (retaliatory), preventive (precautionary), compensatory (regenerative) and signalling (informatsi -

171

onnaja) functions.

• ' According to a number of authors this function is main, the basic

Function of legal responsibility [167 [168] [169] [170]. Repressive (penal or retaliatory) function corresponds to essence of legal responsibility as to punishment, a penalty.

Repressive function is characteristic for all kinds of legal responsibility (not only for penal, retaliatory responsibility, for example, criminal or administrative). Property responsibility (civil-law, material and others) also imposes on the offender burden of deprivations of personal and property character, therefore and punishment function is inherent in it.

* In a lawful state reprisal is not a main objective juridiche

skoj responsibility. The penal, retaliatory element of responsibility represents itself as means with which help the general and private prevention is reached. And though criminal statistics data testify that toughening of measures of responsibility does not solve problems of the prevention And ISKO-. renenija offences, is indisputable that responsibility threat

All the same warns fulfilment of any part of offences.

Preventive function of legal responsibility consists of two elements: first of all, attraction of the offender to responsibility and putting on on it of fixed penalty promotes formation in it socially and legally encouraged model of motivation, keeps it from fulfilment of new offences. In it so-called private prevention consists.

Besides, possibility of application of measures of responsibility and concrete examples of realisation of these measures promote education at other citizens

♦ respect for the law and order, laws, the rights and interests of other persons, the state and societies as a whole, i.e. development of motives to arrive legally in what the general prevention consists.

Compensatory function of legal responsibility consists in possibility as a result of application of property sanctions in full or in part to restore the legal condition broken at fulfilment of an offence at the expense of the offender: to pay damages to the victim, to result the damaged property in an initial condition and so forth

The recognition compensatory function behind measures of property responsibility (including civil-law) is the most traditional. However

# According to experts in any measure compensatory function it is necessary to recognise and behind the criminal liability, at application of such measures as exaction of a penalty, correctional labour, and as by consideration and satisfaction of civil suits in criminal trial [171].

Signalling function of legal responsibility is shown at definition of a kind and the size of the punishment (collecting) imposed on the offender. At appointment of a concrete measure of responsibility always it is considered for the first time or the subject has repeatedly made illegal act. Co - • holding court of an offence by the person earlier made accountable, influences application to it of more strict measure of responsibility. The Neobottom -

Multiple attraction of legal bodies to property responsibility negatively affects results of their economic activities, testifies to lacks of the work organisation, influences business reputation of such enterprise. Thus, signalling function of responsibility matters for a science and practice at the analysis of dynamics and structure of offences with a view of their prevention and legislation perfection.

On the basis of stated it is possible to draw following conclusions:

1. Legal responsibility represents a version with - tsialnoj responsibility, under the own maintenance, signs, principles and functions differing from other kinds of social responsibility. Legal responsibility represents patrimonial concept in relation to institute of responsibility for infringements of the customs legislation.

2. Understanding of legal responsibility existing in a science as unities of two aspects: positive (responsibility for the future actions) and negative or retrospective (responsibility for already perfect actions) does not reflect essence of legal responsibility as legal category and supposes mixture of legal concepts. Legal responsibility has only retrospective aspect, and positive responsibility is not legal, and, on a being, by a moral category and is connected more likely with responsibility social, rather than with legal (legal) responsibility.

3. Legal responsibility in its retrospective (negative) understanding in the legal literature is considered as: a measure of the state compulsion, negative reaction of the state to a perfect offence, adverse consequences for the offender; a duty of the person who have broken legal instructions to undergo measures of the state influence, that is deprivation of personal and property character; pravoot - • - carrying of guarding character between the offender and the state in the name of competent state bodies.

4. Developing concept of a liability of infringement of the customs legislation, it is obviously necessary to consider the given institute from two points of view: in a statics and in dynamics.

4.1. The static understanding of legal responsibility characterises it as the legal institution, the integral element of any legal system which purpose is coordination of legally significant behaviour of subjects in a direction of exact realisation of requirements of rules of law.

C this point of view the legal liability of infringement of the customs legislation represents the body of laws, fixing influence measures (negative consequences) for fulfilment of offences in sphere of the customs legal relations, the applications provided and guaranteed by possibility to the offender of measures of the state compulsion.

4.2. The dynamic understanding of a legal liability of infringement of the customs legislation "translates" its consideration in sphere of realisation (application) of norms of legal responsibility, characterises the legal maintenance of institute of the legal responsibility, revealing in the course of actions on reduction of concrete norm of the customs legislation during a life.

5. Proceeding from it, the legal liability of infringement of the customs legislation can be considered as the complex of the rights mediated by the objective right and duties of subjects — the concrete legal relation which maintenance is, on the one hand, the right of competent state body in a strict remedial order to estimate behaviour of the subject from the point of view of its conformity to legal instructions of the customs legislation and to apply to the offender the sanctions provided by a law in force, in case of detection of structure of an offence, and on the other hand — korrespondirujushchaja to this right the legal obligation of the offender to be treated to action of the sanctions imposed legally.

6. Signs of a legal liability of infringement of the customs legislation are:

6.1. Security and garantirovannost the state compulsion, and and in cases of voluntary performance by the offender of the assigned measures of responsibility;

6.2. Approach only for a customs offence - illegal, socially harmful, guilty act deliktosposobnogo persons;

6.3. The negative estimation (condemnation, censure) behaviour of the offender from the state, and such estimation has those or other legal effects;

6.4. Application of punishment, a penalty concerning the offender, that is causing to it of adverse, unprofitable consequences for it personal (mental, physical) and property character;

6.5. Special sphere of action and realisation of norms of legal responsibility in customs sphere — set of the public relations constituting customs business of the Russian Federation

6.6. Remedial character of realisation.

7. Principles of a legal liability of infringement of the customs legislation are: legality, justice, inevitability, an individualization, humanism, guilt of act, an objective truth principle.

8. Functions of a legal liability of infringement of the customs legislation concern: repressive (retaliatory), preventive (precautionary), compensatory (regenerative) and signalling (information).

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A source: TUTNOV Andrey Igorevich. FEATURES OF ADMINISTRATIVE RESPONSIBILITY IN THE SPHERE OF CUSTOMS RELATIONS IN RUSSIA. DISSERTATION on competition of a scientific degree of the candidate of legal sciences. Moscow - 2005. 2005

More on topic § 2. A place of institute of administrative responsibility in legality maintenance in sphere of customs business of the Russian Federation.:

  1. § 1. Concept and the purposes of administrative punishments as measures of administrative responsibility in sphere of customs business.
  2. CHAPTER 2. Administrative punishments as a measure of administrative responsibility in sphere of customs business.
  3. similarities and differences of administrative responsibility for infringements in sphere of taxes and tax collections in the Russian Federation from other kinds of legal responsibility
  4. § 3. An order of appointment of administrative punishments in sphere of customs business.
  5. § 4. Efficiency of administrative punishments in sphere of customs business.
  6. 2.2. The maintenance of institute of the tax obligation and its place in system of the fiscal law of the Russian Federation
  7. influence of positions of the Judiciary reform of 1991 and the Constitution of the Russian Federation of 1993 on formation of a machinery of government of maintenance of legality and a place in it of organs of the Prosecutor's Office
  8. 1.2. CONCEPT, THE ROLE AND THE PLACE OF CUSTOMS BODIES OF THE RUSSIAN FEDERATION OF SYSTEM OF ENFORCEMENT AUTHORITIES OF THE RUSSIAN FEDERATION
  9. § 1. Essence and the maintenance of legal responsibility for infringements in sphere of ground relations in the Russian Federation
  10. Alekseeva Tatyana Sergeevna. is administrative-LEGAL REGULATION of ACTIVITY of CUSTOMS BODIES ON MAINTENANCE of ECONOMIC SAFETY of the RUSSIAN FEDERATION. The dissertation on competition of a scientific degree of the master of laws. Saratov -,
  11. the Chapter I. ADMINISTRATIVE RESPONSIBILITY In SYSTEM of LEGAL RESPONSIBILITY FOR FULFILLMENT of GROUND OFFENCES In the RUSSIAN FEDERATION
  12. system of organs of the Prosecutor's Office in a machinery of government of maintenance of legality in the Russian Federation in a transition period of 1990-2000th
  13. development of legal regulation of institute of responsibility for infringements of taxes and tax collections of the Russian Federation
  14. History of development of institute of a special disciplinary responsibility in the Russian Federation
  15. powers of public authorities of subjects of the Russian Federation on legality maintenance in activity of bodies and officials of local government
  16. 2.1. Legal maintenance of principles of activity of customs service of the Russian Federation.
  17. TUTNOV Andrey Igorevich. of FEATURE of ADMINISTRATIVE RESPONSIBILITY In SPHERE of CUSTOMS LEGAL RELATIONS In Russia. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -, 2005 2005
  18. legal regulation of passage of customs service by employees and federal civil servants of customs bodies of the Russian Federation.
  19. the Chapter I ADMINISTRATIVE And LEGAL BASES of ACTIVITY of CUSTOMS BODIES of the RUSSIAN FEDERATION