Administrative Liability Cases
Legal representation in administrative liability cases
Administrative liability cases are among the most common disputes in legal practice. Administrative disputes in court are always associated with a violation of mandatory administrative and legal norms or their incorrect application by a state body. In any case, the body with the authority to bring to administrative responsibility must provide legally substantiated evidence. These disputes are very diverse and relate to almost all areas of activity of legal entities, and in some cases individuals and officials. The grounds for starting the procedings may be:
- an adopted decision of an administrative body that violates the right of the person or legal entity in respect of which it acts;
- the appointment of an administrative penalty, which is carried out in accordance with the norms of the Code of Administrative Offenses of the Russian Federation by the court based on the results of sending relevant materials to the court by the authorized authority;
- violation of the procedural law by the state body.
The causes of the administrative dispute are violations of the rules for doing business, traffic rules, consumer protection laws, tax laws, customs laws, environmental laws, sanitary standards, and others.
Signs of administrative offenses are the violation of administrative norms and rules and the guilt of the person brought to punishment.
The procedure for considering disputes on bringing to administrative responsibility
State bodies often abuse their rights when considering administrative cases. This includes situations with violation of the procedures defined by the Code of Administrative Offenses of the Russian Federation. Both a legal entity and an individual can be held administratively liable. A ten-day period is established for appealing against the decision, if the person held liable does not agree with it. In such cases, the judiciary checks compliance with the correctness of the punishment and its compliance with the law. If violations are found, the punishment is recognized as illegal and canceled.
Difficulties often arise in determining jurisdiction. In this case, if an administrative penalty or act has been issued against a legal entity (or individual entrepreneur) in cases related to the entrepreneurial activities, a complaint in an administrative case is filed with an arbitration court. Jurisdiction is determined by Art. 29.5 of the Code of Administrative Offenses of the Russian Federation.
The first step in the event of an administrative dispute is to file an application or complaint with a higher authority.
An appeal against an illegal act in a higher body should not prevent the consideration of the application in court. However, in practice, in most cases it is recommended to obtain the results of the complaint in a higher authority with subsequent appeal to the court (if necessary). The complaint may be filed directly with the court or through the authority that issued the administrative order. A higher body or court, in case of revealing significant violations, cancels the illegal act or mitigates liability. There are cases when the case is sent back to the body that made the decision for additional procedural actions.
Depending on the subject of the administrative offense (legal entity, citizen, individual entrepreneur), procedural consideration of the case is possible in an arbitration court, in a court of general jurisdiction, with a justice of the peace and in a state body.