of October 24, 2006 No. 18
About some questions arising at courts in case of application of the Special part of the Russian Federation Code of Administrative Offences
Having discussed materials of the carried-out studying of practice of application by courts 12, of 14, of 15, of 16 heads of the Special part of the Russian Federation Code of Administrative Offences, for the purpose of ensuring uniformity of court practice and in connection with the questions Plenum of the Supreme Court of the Russian Federation arising at courts by consideration of this category of cases decides to make to courts the following explanations:
1. - 12. Voided according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 25.06.2019 No. 20
13. Resolving issue of whether form actions of person structure of the administrative offense provided by part 1 of article 14.1 Code of the Russian Federation on Administrative Offences it is necessary to check whether the signs of business activity listed in Item 1 of Article 2 of the Civil code of the Russian Federation contain in them (further - the Civil Code of the Russian Federation).
Owing to the called regulation the activities directed to systematic profit earning from use of property, sales of goods, performance of works or rendering services which are performed independently on the risk by person registered in the procedure established by the law as the individual entrepreneur are entrepreneurial. Considering it, separate cases of sales of goods, performance of works, rendering services by person who is not registered as the individual entrepreneur do not form structure of this administrative offense under condition if goods quantity, its assortment, amounts of completed work, and other circumstances do not demonstrate the rendered services that these activities were directed to systematic profit earning.
In particular, testimonies of persons who paid goods, work, services, acknowledgment receipts of money, bank account statements of person brought to the administrative responsibility, deeds of conveyance of goods (performance of works, rendering services) can be the proofs confirming the occupation fact specified persons the activities directed to systematic profit earning if follows from the specified documents that money arrived for realization by these persons of goods (performance of works, rendering services), placement of advertisements, exposure of samples of goods in places of sale, purchase of goods and materials, the conclusion of lease agreements of rooms.
At the same time lack of profit in itself does not influence qualification of offenses, stipulated in Article 14.1 Codes of the Russian Federation on Administrative Offences as generation of profit is the purpose of business activity, but not its obligatory result.
14. As subjects of the administrative responsibility of provision of Chapter 14 of the Code of the Russian Federation on Administrative Offences provide citizens, official and legal entities, individual entrepreneurs.
Officials who can be brought to the administrative responsibility for offenses in the field of business activity proceeding from the provisions enshrined in the note to article 2.4 Code of the Russian Federation on Administrative Offences are the heads and other employees of the organizations who made such offenses in connection with accomplishment of organizational and administrative or administrative functions by them, and also the individual entrepreneurs equated to them so far as Chapter 14 of the Code of the Russian Federation on Administrative Offences does not provide other (part 4 of Article 14. 1, part 2 of Article 14. 4, part 1 of article 14.25 Code of the Russian Federation on Administrative Offences). The persons which are in employment relationships with individual entrepreneurs, performing the functions stated above also concern officials.
The persons who are not given with organizational and administrative or administrative functions, working in the organization or for the individual entrepreneur (for example, sellers, cashiers), can be also brought to the administrative responsibility as citizens in connection with making of the offenses provided by Articles 14 by them. 2, 14.4, 14.7, 14.15 Codes of the Russian Federation on Administrative Offences.
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