Individual entrepreneurs, Individuals of military...

5.3. Individual entrepreneurs

Jurisdictional status of individual entrepreneurs is determined by political and legal factors, depending on the substance of the tort relations, individual entrepreneurs are held accountable as:

o officials, as provided for in the note to art. 2.4 of the Administrative Code (in most cases, this unified criterion is used);

o independent subjects of administrative violations, in the commission of certain offenses established in Ch. 5, 6, 8-14, 17-20 of the Administrative Code. In this

the unified definition of art. 2.4 The Code of Administrative Offenses, which identifies the jurisdictional status of an individual entrepreneur and official, does not apply;

o legal entities (see note to article 6.16, note 1 to article 7.34, note 3 to article 9.1, note to article 12.31, note to article 12.311, note to art. 12.32, note 1 to article 14.12, note 1 to article 16.1, note to article 18.1, note to article 19.5 and comment to article 19.77 of the Code of Administrative Offenses), as applied to such cases, individual entrepreneurs bear the most burdensome property sanctions;

o citizens. To qualify the offense of an individual entrepreneur in the process of public proof, it is necessary to establish a causal relationship between the fact of misconduct and commercial activity, in the absence of such evidence, i.e. in cases where the offense is not caused by commercial activity, individual entrepreneurs bear responsibility established by the sanction of the relevant article for citizens. In the case of such cases, the general definition of Art. 2.4 The Code of Administrative Offenses also does not apply. The property sanctions applied to individual entrepreneurs in committing such offenses are proportionally lower in comparison with other cases considered above.

5.4. Individuals of military and law enforcement service

Depending on the nature of the tortious attitude towards an individual of law enforcement and military service, immunity from administrative responsibility is applied or such persons are held accountable on general grounds.

In the commission of certain offenses provided for in Ch. 5,11,14,17-20 of the Code of Administrative Offenses (specific components of such offenses are specified in Part 2, Article 2.5), as well as in the case of environmental offenses (see Chapter 8), violations of traffic rules (Chapter 12), financial (Chapter 15) and in case of violation of customs regulations (Chapter 16), individuals of law enforcement and military service are brought to justice on general grounds. If the offense is caused by the fact of official activity, the persons of law enforcement and military service bear the responsibility established by the sanction of the relevant article of the Code of Administrative Offenses for officials. In cases where the offense is not connected with official activity, law enforcement and military service officers bear responsibility established by the sanction of the relevant article of the Code of Administrative Offenses for citizens. The Administrative Code establishes a special regime for the application of administrative punishments to law enforcement officers, in any case, an administrative fine can not be applied to persons performing military service (Part 6, Article 3.5 of the Code of Administrative Offenses). Law enforcement officers can not be punished with administrative arrest (Part 2, Article 3.9). In other cases, servicemen, citizens, employees of the internal affairs bodies, the bodies of the penitentiary system, the State Fire Service, the drug control authorities and the customs authorities in committing administrative offenses are subject to disciplinary liability in accordance with regulatory legal acts, regulating the order of the service in these bodies.

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