Regulations of state control (supervision) bodies issued to business entities as a legal form of implementation of administrative enforcement measures applied to them

Authors

  • Galina Gennadievna Ivshina Second arbitration court of appeal

DOI:

https://doi.org/10.17308/vsu.proc.law.2020.4/3167

Keywords:

administrative coercion, control and Supervisory authority, measure of administrative coercion, prescription, business activity

Abstract

In the article, based on the analysis of the current Federal legislation and the established judicial practice of arbitration courts, the legal nature of an order issued by the state control (supervision) body to an individual or legal entity that carries out business activities, as defined by a regulatory legal act, through a publication that applies administrative enforcement measures to these persons. The article deals with the theory of administrative coercion measures, their classification, and the distinction between administrative suppression and administrative reparations. The conclusion is substantiated that the order of the control and Supervisory authority was issued for the purpose of applying administrative measures to prevent (terminate) committed regulatory violations of established mandatory requirements, eliminate their consequences (recover violations of the order) and prevent new violations from being committed against business entities by imposing certain legal obligations.

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Author Biography

  • Galina Gennadievna Ivshina, Second arbitration court of appeal

    Judge of the judicial review panel disputes arising from administrative legal relations

References

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Published

2020-12-24

Issue

Section

Administrative responsibility