Consideration by commercial courts of cases on challenging decisions of administrative bodies on bringing non-profit organisations to administrative responsibility

Abstract

It is discusses the features of legislation, as well as judicial practice regarding cases of challenging the imposition of liability under the norms of the Code of Administrative Offences of the Russian Federation by non-profit organisations. The author provides the most typical examples found in court rulings, as well as lists the issues faced by non-profit organisations as applicants in this category of disputes. The conclusion points to a number of regulatory problems, in the author's opinion, that impede the objective consideration of cases of prosecution, including: the lack of legal mechanisms that allow the restoration of targeted financial resources of non-profit organisations; lack of mechanisms that allow non-profit organisations to be independently included in the register of socially oriented ones; extremely rare application by the courts of the rules on the insignificance of offences in relation to non-profit organisations within the framework of Article 2.9 of the Code of Administrative Offenses of the Russian Federation; the possibility of complicating the legal relationship with powers, including in cases initiated by state organisations; as well as signs of violation of the principle of equality before the law.