法人行政责任作为法律范畴

O. Shevchuk, V. Martynovskyi
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引用次数: 0

摘要

法人行政责任的法律规制问题一直是法学界和实务界关注的热点问题。因此,在2014年期间,乌克兰反垄断委员会的参与者对法律实体进行了217次实地检查,以遵守保护经济竞争的立法要求。根据这些检查的结果,开始审议了196起违反保护经济竞争法的案件,并提出了159项关于终止有违法迹象的行动(不作为)的建议。由于委员会采取的措施,共制止了5341起违反经济竞争保护法的行为,其中通过对法律规定的责任适用作出决定而制止了2416起(45.2%)。从以上统计数据可以看出,45.2%的违法者因违反《保护经济竞争法》而被起诉,罚款总额超过9930万澳元。在现代条件下,国家在法律实体责任领域的活动导致在不同的法律分支中,科学家分别区分了金融、经济、经济等法律实体的责任类型。在这种情况下,主要注意的是诸如收取罚款的方法、对违法者所施加的制裁的性质等迹象。另一方面,应当注意立法者对法人行政责任的体系化的缺失。乌克兰关于法律实体行政责任的立法不构成一个连贯的系统,它是分散和无系统的。现代条件下的法人行政责任制度虽存在诸多不足和争议,但没有理由否认其存在。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES AS LEGAL CATEGORY
INTRODUCTION The issues of legal regulation of administrative responsibility of legal entities have always been relevant for legal science and practice. So, during 2014, the participants of the Antimonopoly Committee of Ukraine conducted 217 field inspections of legal entities to comply with the requirements of the legislation on the protection of economic competition. Based on the results of these inspections, consideration was started of 196 cases of violation of the law on the protection of economic competition and 159 recommendations were given on termination of actions (inaction) containing signs of offenses. As a result of the measures taken by the Committee, a total of 5341 violations of the law on the protection of economic competition were stopped, of which 2416 (45.2%) were stopped by making decisions on the application of liability provided by law1. As can be seen from the above statistics, 45.2% of offenders were prosecuted for violation of the law on the protection of economic competition, fines were imposed on them in a total amount of more than 99300000 UAH. In modern conditions, the activities of the state in the field of responsibility of legal entities have led to the fact that in different branches of law, scientists separately distinguish such types of responsibility of legal entities as financial, economic, economic, etc.2. In this case, the main attention is paid to such signs as, for example, the method of charging fines, the nature of the sanctions imposed on the ffender, and more3. On the other hand, it should be noted the lack of systematization of the administrative responsibility of legal entities by the legislator. The legislation on the administrative responsibility of legal entities in Ukraine does not constitute a coherent system, it is dispersed and unsystematic. The Institute of Administrative Responsibility of Legal Entities in modern conditions contains many gaps and debatable issues, but there is no reason to deny its existence.
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