General rules for imposing administrative penalties. General procedure for imposing administrative punishment

New edition of Art. 4.1 Code of Administrative Offenses of the Russian Federation

1. Administrative punishment for committing an administrative offense is imposed within the limits established by the law providing for liability for this administrative offense, in accordance with this Code.

2. When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his financial status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.

2.1. When imposing an administrative penalty for committing administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors to a person recognized as a drug addict or consuming narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, the judge may impose a duty on such person undergo diagnostics, preventive measures, treatment for drug addiction and (or) medical and (or) social rehabilitation in connection with the use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances. Control over the fulfillment of such duties is carried out by authorized federal executive authorities in the manner established by the Government of the Russian Federation.

2.2. In the presence of exceptional circumstances related to the nature of the administrative offense committed and its consequences, the personality and property status of the individual brought to administrative responsibility, the judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses may impose punishment in the form of an administrative fine in the amount less than the minimum amount of the administrative fine provided for by the relevant article or part of the article of Section II of this Code, if the minimum amount of the administrative fine for citizens is at least ten thousand rubles, and for officials - not less than fifty thousand rubles.

2.3. When imposing an administrative penalty in accordance with Part 2.2 of this article, the amount of the administrative fine cannot be less than half the minimum amount of the administrative fine provided for citizens or officials by the relevant article or part of the article of Section II of this Code.

3. When imposing an administrative penalty on a legal entity, the nature of the administrative offense committed by it, the property and financial position of the legal entity, circumstances mitigating administrative liability, and circumstances aggravating administrative liability are taken into account.

3.1. In the cases provided for in Part 3 of Article 28.6 of this Code, administrative punishment is imposed in the form of an administrative fine. In this case, the amount of the imposed administrative fine must be the smallest within the sanction of the applicable article or part of the article of Section II of this Code, and in cases where the sanction of the applied article or part of the article of Section II of this Code provides for administrative punishment in the form of deprivation of the right to drive vehicles or administrative arrest and there is no provision for administrative punishment in the form of an administrative fine, administrative punishment is imposed in the form of an administrative fine in the amount of five thousand rubles.

3.2. In the presence of exceptional circumstances related to the nature of the administrative offense committed and its consequences, the property and financial status of the legal entity brought to administrative responsibility, the judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses, may impose punishment in the form of an administrative fine in an amount less than the minimum amount of the administrative fine provided for by the relevant article or part of the article of Section II of this Code, if the minimum amount of the administrative fine for legal entities is not less than one hundred thousand rubles.

3.3. When imposing an administrative penalty in accordance with Part 3.2 of this article, the amount of the administrative fine cannot be less than half the minimum amount of the administrative fine provided for legal entities by the relevant article or part of the article of Section II of this Code.

3.4. In the cases provided for by Part 4 of Article 28.6 of this Code, an administrative penalty in the form of an administrative fine is imposed in the amount of one third of the minimum amount of the administrative fine provided for by Parts 2, 4 and 6 of Article 14.5 of this Code.

3.5. Administrative punishment in the form of a warning is imposed in cases where it is provided for by the relevant article of Section II of this Code or the law of a constituent entity of the Russian Federation on administrative offenses for first-time administrative offenses in the absence of causing harm or threat of harm to the life and health of people, objects of flora and fauna , the environment, cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, state security, the threat of natural and man-made emergency situations, as well as in the absence of property damage.

3.6. If, when imposing an administrative penalty for committing an administrative offense provided for in Part 4 or 5 of Article 20.31 of this Code, the court, taking into account the length of residence of a foreign citizen or stateless person in the Russian Federation, his marital status, attitude to the payment of Russian taxes, availability of income and the provision of housing on the territory of the Russian Federation, type of activity and profession, law-abiding behavior, application for admission to Russian citizenship and other circumstances, will come to the conclusion that administrative deportation from the Russian Federation is an excessive restriction of the right to respect for private life and is disproportionate to the purposes of administrative punishment , an administrative penalty is imposed in the form of an administrative fine in the amount of forty thousand to fifty thousand rubles or an administrative ban on visiting the venues of official sports competitions on the days of their holding for a period of one to seven years.

3.7. For an administrative offense provided for in Part 4 or 5 of Article 20.31 of this Code, administrative punishment in the form of administrative arrest for up to fifteen days with administrative deportation from the Russian Federation may be imposed on a foreign citizen or stateless person if such an administrative offense was committed when holding official international sports competitions.

4. The imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed.

5. No one can be held administratively liable twice for the same administrative offense.

Commentary on Article 4.1 of the Code of Administrative Offenses of the Russian Federation

1. An important guarantee of administrative liability is the establishment of rules for imposing administrative punishment.

The limits established by law must be perceived within the limits established by the sanction of the relevant legal norm, where for one administrative offense it is possible to apply the main or main and additional punishment.

When committing several administrative offenses, an administrative penalty is imposed for each of them in accordance with Article 4.4 of the Code of Administrative Offenses.

It should be noted that the judge, as well as bodies and officials considering cases of administrative offenses, do not have the right to impose a punishment below the lowest limit established by the sanction of the relevant article, or to apply a punishment not provided for in Article 3.2 of the Code of Administrative Offenses.

2. Based on the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 N 5 (as amended on May 25, 2006) “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offences” when deciding on the imposition of the type and amount of administrative punishment the judge must take into account that the Code of Administrative Offenses allows the possibility of imposing administrative punishment only within the limits of sanctions established by law providing for liability for a given administrative offense, taking into account the nature of the offense committed, the identity of the perpetrator, the property status of the offender - an individual (individual entrepreneur), the financial situation of a legal entity, brought to administrative responsibility, circumstances mitigating and aggravating administrative responsibility (Articles 4.1 - 4.5 of the Administrative Code).

At the same time, if, during the consideration of the case, the insignificance of the administrative offense committed is established, the judge, on the basis of Article 2.9 of the Code of Administrative Offenses, has the right to release the guilty person from administrative liability and limit himself to an oral remark, which must be indicated in the decision to terminate the proceedings. If the insignificance of an administrative offense is established when considering a complaint against a decision in a case concerning such an offense, then on the basis of paragraph 3 of part 1 of Article 30.7 of the Code of Administrative Offenses, a decision is made to cancel the decision and terminate the proceedings in the case.

When characterizing the personality of a guilty individual, it is necessary to assess the personality of the offender, his attitude towards the fact of the offense committed, the harm caused by this offense and the consequences that occurred.

When determining during the proceedings the degree of guilt of the offender, all the features of the objective and subjective side of the administrative offense must be analyzed, allowing one to identify signs of an intentional or careless act, as well as the presence of circumstances mitigating or aggravating responsibility.

Circumstances such as, for example, the identity and property status of the person held accountable, voluntary elimination of the consequences of the offense, compensation for the damage caused, are not circumstances characterizing the insignificance of the offense. By virtue of parts 2 and 3 of Article 4.1 of the Code of Administrative Offences, they are taken into account when imposing an administrative penalty.

3. When considering applications to challenge decisions of an administrative body on bringing to administrative responsibility, it is necessary to proceed from the fact that the disputed decision can be recognized as legal if, when imposing a punishment, the circumstances specified in parts 2 and 3 of Art. 4.1 Code of Administrative Offences.

It should be noted that by Federal Law of July 24, 2007 N 210-FZ, Article 4.1 was supplemented by Part 3.1, which comes into force on July 1, 2008. Thus, according to it, in the cases provided for by Part 3 of Article 28.6 of this Code, an administrative penalty is imposed in the form of an administrative fine. In this case, the amount of the imposed administrative fine must be the smallest within the sanction of the applicable article of the Special Part of this Code.

4. According to Part 4 of Article 4.1 of the Code of Administrative Offenses, the imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which an administrative penalty was imposed, therefore, when deciding the issue of seized things that did not pass, for example, customs clearance, it is necessary in the resolution in the case of an administrative offense indicate the possibility of their release to the owner only after customs clearance.

5. The question of the impossibility of bringing to administrative responsibility twice for the same administrative offense in practice gives rise to a number of controversial situations, in which, however, it is necessary to take into account the complete coincidence of all elements of the administrative offense.

Another comment on Art. 4.1 of the Code of the Russian Federation on Administrative Offenses

1. The general rules for imposing administrative penalties represent the fundamental principles (principles) that judges, authorized bodies and their officials should be guided by when imposing an administrative penalty on a person who has committed an administrative offense. Administrative punishment must be imposed taking into account all the provisions of the General Part of the Code of Administrative Offenses of the Russian Federation. First of all, all principles of administrative responsibility must be observed (legality, equality of all before the law, justice, the principle of the presumption of innocence, etc.).

This article formulates a number of rules for imposing administrative punishment. The fundamental rule for imposing punishment is the legality of its application. This means that administrative punishment is imposed within the limits established by the Code of Administrative Offenses of the Russian Federation. The limits for each administrative penalty are determined by specifying them in the sanction of the norm establishing the specific type and amount of punishment (for example, obstruction of the legal activities of driving and operating vehicles, provided for in Article 12.36, entails the imposition of an administrative fine on citizens in the amount of five to ten minimum wages; for officials - from fifteen to twenty minimum wages with confiscation of instruments and objects of committing an administrative offense). Guided by this article, the body (official), the judge does not have the right to go beyond the limits established by the legislator in the sanction of the legal norm. However, the Code of Administrative Offenses of the Russian Federation provides for the possibility of exemption from punishment. This situation arises when the administrative offense committed is insignificant. As a rule, the category of minor administrative offenses can include offenses for which the law provides for administrative punishment in the form of a warning or a minimum fine.

The sanction may contain an indication of the possibility of applying both primary and additional punishment. For a specific administrative offense, a primary or primary and additional punishment may be imposed. The vast majority of administrative offenses have a relatively specific sanction.

2. When imposing an administrative penalty on an individual, the nature of the administrative offense he has committed is taken into account. The nature of an administrative offense is a qualitative category. When determining this issue, the method and motives for committing an offense, forms of guilt, qualifying features, the social significance of protected social relations, and, consequently, the degree of public danger are important.

The degree of public danger depends on the unlawful act and is determined by the circumstances associated with the signs of this offense, which in a particular case can be expressed differently. The degree of public danger is influenced by the qualifying signs of an administrative offense, which are of great importance when assigning punishment within the sanction of the corresponding article of the Special Part of the Code of Administrative Offenses of the Russian Federation. Such signs include repetition and duration.

The punishment is assigned to a specific person. The individualization of administrative punishment depends on many factors. When imposing an administrative penalty, the identity of the perpetrator, his property status, and circumstances mitigating and aggravating administrative responsibility are taken into account. When imposing certain administrative penalties, the commission of an administrative offense by a minor, health status, as well as social characteristics, for example, the property and financial status of the offender, are of particular importance.

3. Due to the fact that the Code of Administrative Offenses of the Russian Federation recognizes legal entities as subjects of administrative offenses, these characteristics are for the first time considered as mandatory when imposing an administrative penalty on a legal entity. Particular emphasis is placed on factors entailing legal consequences on the living conditions in the future of a legal entity. This is the property and financial position of a legal entity, mitigating circumstances (voluntary compensation for damage caused, elimination of harm caused) and aggravating circumstances (repeated commission of a similar administrative offense, if for committing the first administrative offense the person has already been subjected to administrative punishment for which one year has not expired) circumstances . Before the adoption of the Code of Administrative Offenses of the Russian Federation, such circumstances were rarely taken into account when considering administrative offenses.

4. The imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed. This provision is also fundamentally new, despite the fact that in general it is familiar to the legislation of the Russian Federation, for example, tax law. Failure to fulfill the obligation entails certain legal consequences: if a new administrative offense is committed within the time limits provided for in Article 4.6 of the Code of Administrative Offenses of the Russian Federation, it can be considered as repeated and thereby entail increased administrative liability within the sanction of the corresponding article of the Special Part.

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Current version of Art. 4.1 Code of Administrative Offenses of the Russian Federation with comments and additions for 2018

1. Administrative punishment for committing an administrative offense is imposed within the limits established by the law providing for liability for this administrative offense, in accordance with this Code.

2. When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his financial status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.

2.1. When imposing an administrative penalty for committing administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors to a person recognized as a drug addict or consuming narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances, the judge may impose a duty on such person undergo diagnostics, preventive measures, treatment for drug addiction and (or) medical and (or) social rehabilitation in connection with the use of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances. Control over the fulfillment of such duties is carried out by authorized federal executive authorities in the manner established by the Government of the Russian Federation.

(Part additionally included on May 25, 2014 by Federal Law of November 25, 2013 N 313-FZ; as amended by Federal Law of February 3, 2015 N 7-FZ; as amended by Federal Law of February 3, 2015 N 7-FZ; as amended by from December 9, 2015 by Federal Law of November 28, 2015 N 345-FZ.

2.2. In the presence of exceptional circumstances related to the nature of the administrative offense committed and its consequences, the personality and property status of the individual brought to administrative responsibility, the judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses, may impose punishment in the form of an administrative fine in an amount less than the minimum amount of the administrative fine provided for by the relevant article or part of the article of Section 2 of this Code, if the minimum amount of the administrative fine for citizens is at least ten thousand rubles, and for officials - not less than fifty thousand rubles.

2.3. When imposing an administrative penalty in accordance with Part 2.2 of this article, the amount of the administrative fine cannot be less than half the minimum amount of the administrative fine provided for citizens or officials by the relevant article or part of the article of Section 2 of this Code.

(Part additionally included from January 11, 2015 by Federal Law of December 31, 2014 N 515-FZ)
3. When imposing an administrative penalty on a legal entity, the nature of the administrative offense committed by it, the property and financial position of the legal entity, circumstances mitigating administrative liability, and circumstances aggravating administrative liability are taken into account.

3.1. In the cases provided for in Part 3 of Article 28.6 of this Code, administrative punishment is imposed in the form of an administrative fine. In this case, the amount of the imposed administrative fine must be the smallest within the sanction of the applicable article or part of the article of Section 2 of this Code, and in cases where the sanction of the applied article or part of the article of Section 2 of this Code provides for administrative punishment in the form of deprivation of the right to drive vehicles or an administrative arrest and there is no provision for administrative punishment in the form of an administrative fine, administrative punishment is imposed in the form of an administrative fine in the amount of five thousand rubles.

(Part additionally included on July 1, 2008 by Federal Law of July 24, 2007 N 210-FZ; as amended by Federal Law of July 23, 2010 N 175-FZ; as amended by Federal Law of July 23, 2010 N 175-FZ; as amended by from July 12, 2012 by Federal Law of July 10, 2012 N 116-FZ, as amended by Federal Law of July 23, 2013 N 196-FZ; Federal Law of December 31, 2014 N 515-FZ.

3.2. In the presence of exceptional circumstances related to the nature of the administrative offense committed and its consequences, the property and financial status of the legal entity brought to administrative responsibility, the judge, body, official considering cases of administrative offenses or complaints, protests against decisions and (or) decisions on cases of administrative offenses, may impose punishment in the form of an administrative fine in an amount less than the minimum amount of the administrative fine provided for by the relevant article or part of the article of Section 2 of this Code, if the minimum amount of the administrative fine for legal entities is at least one hundred thousand rubles.

(Part additionally included from January 11, 2015 by Federal Law of December 31, 2014 N 515-FZ)
3.3. When imposing an administrative penalty in accordance with Part 3.2 of this article, the amount of the administrative fine cannot be less than half the minimum amount of the administrative fine provided for legal entities by the relevant article or part of the article of Section 2 of this Code.

(Part additionally included from January 11, 2015 by Federal Law of December 31, 2014 N 515-FZ)
4. The imposition of an administrative penalty does not relieve a person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed.

5. No one can be held administratively liable twice for the same administrative offense.

Commentary on Article 4.1 of the Code of Administrative Offenses of the Russian Federation

1. The commented article does not contain procedural norms concerning the procedure for imposing administrative penalties (Chapters 24 - 30 of the Code are devoted to this), but norms of a substantive nature that define conceptual provisions for imposing measures of administrative responsibility, which are based on the principles of legality, fairness and individualization of punishments.

2. The implementation of the principle of legality when imposing an administrative penalty consists, first of all, in the following: the choice of punishment is limited to an exhaustive list of measures of administrative responsibility, enshrined in Art. 3.2 of the Code; the punishment must be imposed in strict accordance with all other provisions of the General Part of the Code; Administrative punishment is possible only within the limits determined by the articles of the Special Part of the Code or the law of the constituent entity of the Russian Federation, which formulate specific elements of administrative offenses.

3. The imposed administrative punishment can neither exceed the maximum amount of punishment provided for a specific offense, nor be less than its established lower limit. The legislation on administrative offenses does not contain general regulations on the possibility of adding punishments or on imposing a punishment below the lowest limit.

For administrative offenses in the field of road traffic (Chapter 12 of the Code of Administrative Offenses of the Russian Federation) in cases provided for in Part 3 of Art. 28.6 of this Code, an administrative penalty in the form of an administrative fine may be imposed. Moreover, its amount should not exceed the minimum fine specified in the sanction of the applicable specific article of the Special Part of the Code. However, in cases where for offenses recorded by special technical means operating automatically, in the articles of Ch. 12 of the Code provides for sanctions in the form of deprivation of the right to drive vehicles or administrative arrest; an administrative fine is imposed in the largest amount provided for citizens of Part 1 of Art. 3.5 of the Code, i.e. in the amount of 5 thousand rubles.

4. Administrative punishment must be fair, i.e. correspond to the nature of the offense itself, the circumstances of its commission, property status, and the identity of the perpetrator.

The judge, body, or official considering a case of an administrative offense is given the opportunity to individualize the punishment in each specific case, since most sanctions are formulated either as alternative or as relatively specific, indicating their lower and upper limits.

The meaning of individualization of administrative punishment is to choose, on the basis of a comprehensive assessment of the act and the personality of the offender himself, within the limits of the norm providing for liability for the offense, precisely that measure of state coercion that would most effectively achieve the goals of restoring social justice, correcting the offender and preventing the commission of new illegal acts.

5. When determining the nature of an administrative offense, the significance of social relations that are the object of the offense, forms of guilt, the method of commission and the severity of the consequences of the offense, and its qualifying features are identified. More dangerous administrative offenses should entail more severe administrative penalties.

6. For the correct choice of the type and amount of administrative punishment, information about the person held accountable is of great importance: whether he committed the offense again, whether he embarked on the path of correction after committing the offense, etc. Committing an unlawful act two or more times may indicate the persistent nature of a person’s antisocial views and habits, which should lead to the application of a more severe administrative penalty.

The application of penalties such as an administrative fine, deprivation of a special right (for example, deprivation of the right to drive a professional driver) can negatively affect the financial situation of the offender and his family members. Therefore, when prescribing such measures, determining their size and timing, the property status of the person held accountable must be taken into account.

In some cases, the choice of the type of punishment may be determined not only by the social characteristics of the individual and his financial status, but also by the gender, age and state of health of the offender. For example, administrative arrest generally cannot be applied to pregnant women, women with children under fourteen years of age, persons under eighteen years of age, disabled people of groups I and II (see commentary to Article 3.9).

7. When imposing an administrative penalty on a legal entity, the nature of the administrative offense committed by it, the property and financial position of the legal entity, and circumstances mitigating and aggravating administrative liability are taken into account.

8. In paragraph 7 of Art. 14 of the International Covenant on Civil and Political Rights enshrines the most important legal principle, according to which “no one shall be tried or punished or acquitted a second time in accordance with the law and criminal procedure of each country.” This generally recognized principle of international law is transformed into legislation on administrative offenses through Part 5 of the commented article, the main meaning of which is specified in the procedural norms of the Code. Proceedings in a case of an administrative offense cannot be started, and the started proceedings are subject to termination if there is one of the following decisions regarding the same fact of commission of illegal actions (inaction) by the person in respect of whom the proceedings in the case of an administrative offense are being conducted: 1) decisions on the imposition of administrative punishment; 2) decisions to terminate proceedings in a case of an administrative offense; 3) decisions to initiate a criminal case (see commentary to Article 24.5). These norms exclude the possibility of issuing in the same case not only two or more decisions on the imposition of administrative punishment, but also issuing several other final decisions of any content. However, if a previously issued decision is canceled in accordance with the established procedure, the possibility of resuming the proceedings is allowed.

The simultaneous imposition of an administrative penalty based on the application of the norms of the Special Part of the Code, containing general and special offenses (see, for example, Part 2 of Article 11.15 and Article 19.2) should be considered as a violation of the principle enshrined in Part 5 of this article.

At the same time, the effect of Part 5 of this article does not apply to cases of imposition of additional administrative punishment along with the main one. The obligation remaining with the person undergoing punishment to fulfill those requirements for non-fulfillment of which an administrative penalty was imposed will not constitute double responsibility.

Consultations and comments from lawyers on Article 4.1 of the Code of Administrative Offenses of the Russian Federation

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Administrative punishment must be imposed by a judge, body, or official within the limits established by:

e) circumstances aggravating administrative liability (see commentary to Article 4.3). Moreover, in contrast to mitigating circumstances (the list of which the law left open), any other circumstances (not directly mentioned in Article 4.3) cannot be recognized as aggravating by a judge, body, or official.

5. Describing the rules of parts 4 and 5 of Art. 4.1, you need to pay attention to the fact that:

1) the imposition of an administrative penalty (taking into account the provisions of Parts 1-3 of Article 4.1) does not in itself relieve a person from the need to fulfill those duties for non-fulfillment of which he was subjected to administrative punishment. We are talking about both an individual and a legal entity;

2) the law imperatively prohibits bringing a person (including a legal entity) to administrative responsibility twice for the same administrative offense. In other words, if a person has already been brought to administrative responsibility for a given administrative offense, then he cannot be brought to administrative responsibility again (the second, third, fifth time, etc.).

This situation should be distinguished from:

a) the possibility of applying to a person, along with the main administrative punishment, also an additional one (see Art.

The essence of punishment as a measure of administrative responsibility is manifested in its goals, enshrined in Article 3.1 “Goals of Administrative Punishment” of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation): prevention of the commission of new offenses both by the offender himself and by other persons.

Administrative punishment, according to Part 2 of Article 3.1 of the Code of Administrative Offenses of the Russian Federation, cannot be aimed at humiliating the human dignity of an individual, causing him physical suffering, or harming the business reputation of a legal entity. The basic principles (rules) that Rostechnadzor officials must follow when imposing administrative punishment on individuals and legal entities who have committed an administrative offense are reflected in Chapter 4 “Imposition of administrative punishment” of the Code of Administrative Offenses of the Russian Federation. At the same time, we should not forget about the general principles inherent in legal liability in general: equality before the law, liability only for illegal behavior, liability only if there is guilt in the actions (inaction) of the offender.

Administrative punishment for committing an administrative offense is imposed within the limits established by the law providing for liability for this offense. That is, an official, within the scope of his powers, when imposing an administrative punishment on a person guilty of committing an administrative offense cannot go beyond the sanction of a specific legal norm establishing administrative liability for a particular unlawful act.

An important point is that when imposing an administrative penalty, the nature of the administrative offense committed, the identity of the perpetrator, his property status, the property and financial status of the legal entity, as well as circumstances mitigating and aggravating administrative liability must be taken into account.

When establishing circumstances mitigating liability for an administrative offense, signs are identified that make it possible to qualify the degree of social danger of the offense, the presence of which allows for the imposition of less onerous sanctions on the offender. According to the meaning of the Code of Administrative Offenses of the Russian Federation, such circumstances are taken into account immediately before the imposition of punishment, when the presence of signs of an administrative offense has already been identified.

Article 4.2 of the Code of Administrative Offenses of the Russian Federation contains a list of circumstances mitigating administrative liability. However, this list is not exhaustive. An official of Rostechnadzor, when considering a case of an administrative offense, may recognize as mitigating circumstances not specified in the Code of Administrative Offenses of the Russian Federation.

Circumstances aggravating administrative liability are specified in Part 1 of Article 4.3 of the Code of Administrative Offenses of the Russian Federation. Their list is exhaustive. In contrast to circumstances mitigating liability, signs that aggravate liability are recorded in the Code of Administrative Offenses of the Russian Federation and cannot be changed (added) by the laws of the constituent entities of the Federation or by the judge, body, official (including an official of Rostechnadzor) considering the case. Such circumstances include only actions (inaction) of the offender (individuals or legal entities) that can increase the socially dangerous consequences of the offense. Administrative offenses of an individual with aggravating characteristics are characterized by guilt in the form of direct intent, while there are signs of an unlawful intentional act.

Part 4 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation states: the imposition of an “administrative penalty does not relieve the person from fulfilling the obligation for non-fulfillment of which the administrative penalty was imposed. In accordance with Part 5 of the above article of the Administrative Offenses of the Russian Federation, no one can bear administrative responsibility twice for the same administrative offense. This principle is also common law.

Article 4.4 of the Code of Administrative Offenses of the Russian Federation enshrines one of the fundamental principles of imposing administrative punishment - the principle of imposing punishment when a person commits several administrative offenses: when a person commits two or more administrative offenses, an administrative punishment is imposed for each offense committed.

If a person has committed one action (inaction) containing elements of administrative offenses, liability for which is provided for by two or more articles (parts of articles) of the Code of Administrative Offenses of the Russian Federation and the consideration of cases for which is under the jurisdiction of the same judge, administrative punishment is imposed within the limits of the sanction, providing for a more severe administrative punishment in accordance with parts 3 and 4 of article 4.4 of the Code of Administrative Offenses of the Russian Federation.

When deciding whether to bring a violator to administrative responsibility, the statute of limitations for imposing an administrative penalty, provided for in Art. 4.5 Code of Administrative Offenses of the Russian Federation.

In accordance with Article 4.6 of the Code of Administrative Offenses of the Russian Federation, a person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment within one year from the date of execution of the decision to impose an administrative penalty. This period, also called the period for repayment of an administrative penalty, is uniform and does not differentiate depending on the type and size of the administrative penalty. If a repeated administrative offense is committed before the expiration of the administrative penalty, this circumstance can be considered as a factor aggravating administrative responsibility and serve as a qualifying criterion for applying a more severe administrative penalty to a person, but still within the limits of the appropriate sanction.

Chapter 4. ASSIGNMENT OF ADMINISTRATIVE PUNISHMENT Article 4.1. General rules for imposing administrative punishment 1. Administrative punishment for committing an administrative offense is imposed within the limits established by the law providing for liability for this administrative offense in accordance with this Code. Article 4.3. Circumstances aggravating administrative liability 1. Circumstances aggravating administrative liability are recognized as: 1) continuation of illegal behavior, despite the demand of authorized persons to stop it; 4. When imposing an administrative penalty in accordance with parts 2 and 3 of this article, additional administrative penalties provided for by each of the relevant sanctions may be imposed. 4. In case of refusal to initiate a criminal case or termination of a criminal case, but if there are signs of an administrative offense in the person’s actions, the periods provided for in Part 1 of this article begin to be calculated from the date of the decision to refuse to initiate a criminal case or to terminate it.