Abstract
This study focuses on the problem of training qualified specialists in the fields of jurisprudence and customs service. We analyzed theoretical and practical evidence and concluded that each legal provision has its own enforcement and regulatory potential, defined by a series of subjective and objective factors. These factors, among others, include: (1) depth of the conceptual ideas behind it; (2) the degree of their transformation; (3) judicial and technological accuracy; (4) content accuracy; and (5) legal correctness of the wording. These facts raise the question of involving the legislative bodies of Russian regions in developing independent and codified legislations on administrative offenses. Such legislations would regulate the entire system of preventing and curtailing administrative offenses and prosecuting the persons who commit them. In this case, the role of the federal center lies in creating unified material and procedural standards and rules—the Fundamentals of the Legislation of the Russian Federation on Administrative Offences in Customs.
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Acknowledgements
In the acknowledgments, we would like to note the following:
Practice shows that the rights, freedoms, and legitimate interests of citizens are infringed upon in various forms, including by unfavorable conditions created by other citizens and legal entities. The state, inflicted by such infringements, is commonly called “discomfort.” On the part of other citizens, discomfort can only be created by committing certain acts (foul language, harassment, property damage, loud behavior at night, etc.). It is logical to characterize all of these actions as antisocial in terms of the resulting socially negative consequences. It is apparent that administrative offenses do not infringe on the vital interests of either citizens, society, or the state but only bring citizens into the state of discomfort. However, discomfort is subjective and can only be defined by the victim of discomfort. Of course, the definitions presented by victims should stay within the strictly defined legal concept of an offense.
The discomfort inflicted by legal persons is always material and defined by a monetary value. In legal science, such actions are referred to as a civil law tort and are resolved in a civil procedural manner. By their very nature, legal entities cannot act as subjects of administrative law and can only be prosecuted under civil law and face material or financial punishment. Because of this factor, the developed CRFAO (at the time of its adoption) was subject to a Presidential suspensive veto and was returned to the conciliation commission (Shiryaev 2001).
The suspensive veto was countered by adding the institute of objective imputation of guilt to Article 2.1.2 of the CRFAO, which states the following, “A legal entity shall be found guilty of an administrative offence, if it is established that it had the opportunity to observe rules and norms whose violation is administratively punishable under this Code or under the laws of a subject of the Russian Federation, but it has not taken all the measures that were in its power in order to follow to them” (Russian Federation 2001). Such an institution is unacceptable for the public law.
The antisocial attribute has another manifestation. Some administrative offenses violate the usual, generally accepted functioning of public authorities, causing their dysfunctionality. An example would be a person’s failure to comply with the lawful demands of police officers, customs officials, and any other officials. Such lawful demands include orders to stop or refrain from unlawful actions or (on the contrary) failure to perform actions (Federal Customs Service of the Russian Federation, n.d.).
These approaches allow us to define administrative offenses as “antisocial, creating discomfort for citizens, or dysfunctional states of public authorities and officials, as well as unlawful, guilty actions of individuals, for which the Code on Administrative Offences established administrative penalties”.
Of course, this definition is not exhaustive. Moreover, it does not mean the work on such a complex, multifaceted, and nuanced topic as a full legal code of administrative offenses in custom services of modern Russia is over. But, it is obvious that the outdated conceptual ideas and legal approaches cannot be used to create a universal legal code that would adequately meet the current demands of citizens, society, and the state.
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Mustafina, G.A., Rybasova, J.Y., Abdrakhmanova, L.V., Kachalov, V.Y., Salikhov, N.R. (2022). On Some Problems of Applying Certain Provisions of the Administrative Code of the Russian Federation to Customs Offences (Questions of Theory and Legal Regulations). In: Bogoviz, A.V., Suglobov, A.E., Maloletko, A.N., Kaurova, O.V. (eds) Сooperation and Sustainable Development. Lecture Notes in Networks and Systems, vol 245. Springer, Cham. https://doi.org/10.1007/978-3-030-77000-6_68
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