Tanchyk O. Administrative and Legal Basis for Imposing Sanctions on Legal Entities

In the dissertation, with the help of modern general scientific and special legal methods of scientific research, the study and analysis of the problems of sanctions against legal entities in the administrative order in both theoretical and applied aspects. The administrative-legal sanction in the dissertation research is considered as a statutory measure of reaction to a potentially possible or actual illegal act of the subject - the addressee of the legal norm, which consists in punishing or preventing the illegal act, its termination or elimination of consequences, which is applied administratively. authorized by law subject. Within the framework of the study of the nature of legal entities as subjects with administrative-tort legal personality, a conclusion was made about the existence of such legal personality with the peculiarity that sanctions of moral and psychological nature cannot be applied to legal entities due to lack of legal entity of the relevant sphere of influence. All other types of sanctions, including sanctions of financial, property and organizational nature, are fully applicable to legal entities. The existing classifications of sanctions are supplemented by sanctions of a preventive nature, in addition to the existing suspensive sanctions and sanctions that have the character of measures of legal responsibility. The study found that among the subjects of power empowered to impose sanctions on legal entities, the largest group is the executive branch, which has both control and administrative and jurisdictional powers over legal entities. At the same time, the ways of consolidating the administrative and jurisdictional powers of such bodies are identified and described. A group of bodies empowered to impose sanctions on legal entities due to their constitutional and legal status of entities that ensure national security is considered separately. The grounds for applying sanctions to legal entities are considered in the dissertation research depending on their functional purpose. The study substantiates the inexpediency of codification of regulations that provide for administrative liability of legal entities. It is shown that the application of sanctions to legal entities in the administrative order is characterized by a plurality of procedural forms. In addition, the dissertation describes the unique and universal procedural constructions of applying sanctions to legal entities. Among the proceedings on the application of sanctions to legal entities, a group of procedural specific proceedings is singled out, namely proceedings in which the stage of deciding on the application of sanctions to a legal entity is implemented by an administrative court. In the dissertation research the principles of application of sanctions to legal entities are considered separately. It is shown that the most methodologically correct is the consideration of such principles from the standpoint of assessing the conceptual basis of administrative procedure. It is established that the proceedings on the application of sanctions to legal entities are mostly a continuation of control (inspection) proceedings. Particular attention in the study is paid to the principle of proportionality in the application of sanctions to legal entities, as a fundamental principle of the relevant activities of the subjects of power. The study also formulated a number of proposals to improve the legislation, which provides for the application of sanctions against legal entities administratively.