BASIS FOR ADMINISTRATIVE REGULATION RULES ON LIABILITY FOR FAILURE TO COMPLY WITH RULES AND REGULATIONS FOR THE PREVENTION OF ACCIDENTS

Abstract

In practice of legislation establishing administrative liability for failure to
comply with rules and regulations to prevent and eliminate emergency situations,
there is no strict uniformity in the definition of the limits of applicability
of certain provisions of the Code of Administrative Offences of the Russian
Federation (Administrative Code), which is manifested at the stage of excitation
of cases of administrative offences, as well as the stage of proceedings in
the first and higher courts. In legal practice there is no fundamental distinction
between the reason to use Part 1 and Part 2 Article 20.6 of the Administrative
Code when the offense is committed by an individual in the absence of
an emergence situations. Cases under Part 1 of Article 20.6 of the Administrative
Code are excited much more frequently than under Part 2 of Article 20.6
of the Administrative Code, if you select Part 2 of Article 20.6 of the Administrative
Code law enforcement officials prove it by saying that this provision
provides for mild penalty. Instead of Part 1 of Article 19.5 of the Administrative
Code, which provides administrative liability for failure to comply with
legal order from the body or official exercising state supervision, officials authorized
to draw up reports on administrative offenses provided for by Article
20.6 of the Administrative Code, apply Part 1 of Article 20.6 of the Administrative
Code, considering offences as continuing illegally. Functions of
the officials authorized to draw up reports on administrative offenses provided
for by Article 20.6 of the Administrative Code, in practice, are often
take by other persons, namely, the inspectors on fire supervision. This practice
is contrary to the procedural rules of the Administrative Code and regulations
made by government departments of the Russian Emergency Ministry,
the problem of delimitation of spheres of application of Articles 20.4 and
20.6 of the Administrative Code is shown. In this connection the author proposes
corrective changes in the form of Part 2 of Article 1.6 of the Administrative
Code.