Administrative (civil) liability

Administrative (civil) liability

ADMINISTRATIVE (CIVIL) LIABILITY (EN: civil liability, administrative liability, managing responsibility; DE: administrative Verantwortung; FR: responsabilite administrative; ES: responsabilidad del Director; RU: административная ответственность) is the special kind of the legal liability, the cause of the arising of which is the administrative offense (misdemeanor).

The bringing to the administrative liablity is legitimate only on the grounds of, and in the manner, which is prescribed by, the Fundamentals of the Legislation of the USSR and of the Union Republics on the administrative offenses, which have been approved by the Supreme Soviet of the USSR on the 23 October 1980 (Official Gazette of the Supreme Soviet of the USSR, (Vedomosti Verkhovnogo Soveta SSSR in Russian) 1980, № 44, art. 909) and other regulations.

The administrative liability applies to the persons, who have reached the sixteen years of age at the time of the committing the administrative offense. The designated persons are brought to the administrative liability for the violation of the legislation on the protection of the labour, on the protection of the nature, and other rules, the compliance with which belongs to their official service duties. The right to bring the designated persons to the administrative liability is granted to: the (juridical) inspectors on the legislation of the labour for the violations of the legislation on the labour; the (technical) inspectors on the technology of the labour for the violation of the rules on the protection of the labour; the designated persons of the offices of the National Supervision on the Mining Technology of the USSR (Gosgortekhnadzor SSSR in Russian) for the multiple violations of the rules, norms, and instructions on the safe performance of the works at the inspected enterprises, organizations, and facilities; the designated persons of the sanitary-epidemiological service, who perform the national sanitary supervision, for the violation of the sanitary-hygienic and sanitary-antiepidemiological rules; the offices of the national fire supervision for the violation of the rules of the fire safety, etc.

Such administrative penalty as the fine may be imposed on the designated persons, who are brought to the administrative liability. The least and the greatest amounts of the fines are established in dependence of the position, which is held by the person, who is imposing the fine. For example, for the juridical and technical inspectors of the labour up to the 10 rubles, the chief juridical and chief technical inspectors of the labour up to the 50 rubles, designated persons of the National Supervision on the Mining Technology of the USSR (Gosgortekhnadzor SSSR in Russian) from the 10 to the 50 rubles. In the special cases, the fine may be increased up to the 100 rubles. The specific amount of the fine is determined according to the gravity of the commited offense, while taking into account the personality of the offender, the degree of his guilt, and his wealth status.

The bringing to the administrative liability is legitimate not later than the two months since the day of the commiting of the offense, and for the continuous offense not later than the two months since the day of its discovery. The decision about the imposition of such the administrative penalty as the fine may be appealed by the person, against whom it is issued, within the 10 days to the higher authority office (to the higher authority designated person) or into the regional (city) people's court, the decision of which is final. The fine must be paid by the offender not later than the 15 days since the day of the handing to him of the decision about the imposition of the fine, or in the case of the appeal not later than the 15 days since the day of the notification about the rejection of the complaint without the satisfaction. If the person, who is subjected to the administrative penalty, would not commit a new administrative offense within one year since the day of the termination of the execution of the penalty, then this person is considered as never brought to the administrative liability.