The USA Journals Volume 03 Issue 04-2021
62
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
62-67
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-10
I
MPACT
F
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2021:
5.
952
‘
ABSTRACT
This article examines the general characteristics of criminal liability in the legislation of foreign
countries for violation of the rules of trade and services.
The article analyzes the definition of offenses and criminal liability for violation of the rules of trade
and services in the legislation of some foreign countries, administrative and criminal components,
aggravating circumstances of violation of the rules
KEYWORDS
Offense, offense, corpus delicti, criminal liability, fine, sanction, violation of trade rules, violation of
service rules.
INTRODUCTION
In determining the issues of liability for any
crime, along with the social risk of the
measurement, the experience of foreign
countries and the conduct of external analyzes
Features Of Liability For Violation Of The Rules Of Trade
And Services In The Legislation Of Some Foreign Countries
Ulugbek Akhmedov
Tashkent State University Of Law, Theory And Practice Of The Application Of Criminal Law
Specialty Student, Uzbekistan
Journal
Website:
http://usajournalshub.c
om/index,php/tajpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 04-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
April 30, 2021 |
Pages:
62-67
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-10
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of habitats are of great importance. After all,
on the basis of foreign experience, what is the
continuation,
the
creative
results
in
determining the signs of responsibility are
described. Also, in the regulation of the work
carried out in the Republic of Uzbekistan, as
well as the implementation of the information
provided, the conditions for combating the
liability of any party to the administration.
President of the Republic of Uzbekistan
Shavkat Mirziyoyev Miromonovich on February
7, 2017
THE MAIN RESULTS AND FINDINGS
Adoption of the Action Strategy for the five
priority areas of development of the Republic
of Uzbekistan for 2017-2021, which defines the
most important directions of state policy in the
field of improving criminal and criminal
procedure legislation on the basis of Decree
No. PF-4947 decriminalization, plays an
important role in the humanization of criminal
penalties and the order of their execution. The
Concept of “Improvement of Criminal and
Criminal Procedure Legislation of the Republic
of Uzbekistan” approved by the Resolution of
the President of the Republic of Uzbekistan
dated May 14, 2018 No. PP-3723 "On measures
to radically improve the system of criminal and
criminal procedure legislation" and ensuring
the practical and reliable protection of the
interests of the state ”was identified as a
priority to continue the policy of gradual
decriminalization of certain offenses of low
social risk.
In this regard, the improvement of the
administrative and criminal offenses we are
studying requires, first of all, in the field of
public policy and on the basis of analysis of
foreign experience. Given that the crime of
violation of the rules of trade and services is
not found in the criminal law of some foreign
countries, it will be possible to develop
proposals for amendments or additions to the
law.
In the administrative and criminal legislation of
foreign countries can be seen the peculiarities
of the offense of violation of the rules of trade
and services, and we will try to describe their
noteworthy aspects.
First, we examine the offenses related to
violations of the rules of trade and services in
the legislation of the Russian Federation.
Recent amendments to the Code of
Administrative Responsibility of the Russian
Federation have affected the law regulating
retail trade, in particular the food sector. This
law was adopted in the Russian Federation on
December 28, 2008 "On state regulation of
trade activities." Subsequent amendments
were made to the Administrative Code, which
established liability for violations of the Trade
Law. As a result of this reform, wholesalers and
retailers in Russia were able to study the Trade
Law and try to coordinate their business, but
there were no specific rules defining liability for
violations of the Trade Law.
The
amendments
create
discriminatory
conditions for companies engaged in the sale
or supply of food products, including barriers
to market entry and forcing counterparties to
accept conditions prohibited by Article 13 of
the Trade Law.
The maximum fine amended for violation of
the law on trade is 5 million rubles and does not
depend on the income of the violator from the
sale of goods, in contrast to a number of
violations of a pure antitrust nature.
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The American Journal of Political Science Law and Criminology
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Pages:
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Doi:
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Thus, by adding new rules to Chapter 14 of the
Administrative Code (administrative offenses
in business activities), the amendments
provide antitrust authorities with new means
of investigating trade-related administrative
offenses, controlling trade activities.
Article 144 of the Code also stipulates liability
for the sale of goods, performance of work, or
provision of services to the population in poor
quality or in violation of sanitary regulations.
In particular, it provides for the following:
1.
Sale of goods, performance of work or
rendering of services:
Services that do not meet the standards and
technical requirements of the population or do
not comply with their models in terms of
quality, completeness or packaging - lead to
the imposition of administrative fines on
citizens and officials.
2.
Sale of goods, performance of work or
rendering of services:
Providing services to the population in
violation of sanitary regulations or in the
absence of a certificate of conformity
(declaration of conformity) confirming the
safety of these goods, works or services in
relation to human life and health - entails an
administrative fine for citizens.
In addition, in the absence of information on
producers or sellers established by citizens
registered as sole proprietors in Article 145 of
this Code, or trade without the use of cash
registers - citizens and officials, as well as legal
entities are subject to administrative fines .
Another mistake made by entrepreneurs in
many countries today is to increase or decrease
the prices of goods or services that are
controlled by the state. According to Article
146 of the Russian Code of Administrative
Offenses, these offenders are subject to
administrative fines [1].
Liability for violation of the rules of trade and
services is defined in the Russian Code of
Administrative Liability. However, the Criminal
Code of the Russian Federation does not
provide for criminal liability for these offenses.
The articles of the Special Part of the Criminal
Code of the Russian Federation provide a strict
list of crimes, which prohibit the commission of
acts specified in these articles. It is against the
law to do so. Acts that are not considered a
crime in the Special Part of the Criminal Code
and do not provide for punishment are not
considered a crime, regardless of whether they
caused any consequences. In order for an act
to be considered a crime, it must, of course, be
specified in an article of a special part of the
Criminal Code, for which a criminal penalty
must be provided.
If we analyze the
administrative legislation of the Republic of
Belarus, then the issues of liability for violation
of the rules of trade and services are also
legally defined.
In particular, Article 1217 of the Code of
Administrative Offenses of Belarus establishes
liability for violation of the rules of trade and
public services. They are:
1.
Violation of the rules of trade and services,
fines punished with.
1.
Shelf life, storage of goods, sale of
expired goods - are subject to fines.
This part was amended by the Law of
the Republic of Belarus dated
December 28, 2009 No. 98-Z.
2.
In case of repeated commission within
one year after the imposition of an
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(ISSN
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2693-0803)
Published:
April 30, 2021 |
Pages:
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Doi:
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administrative penalty for the same
offense, provided for in the first part of
this Article, a large fine shall be
imposed. This norm was introduced by
the Law of the Republic of Belarus
dated August 7, 2003 No. 230-Z.
3.
Sale of goods (works, services)
prohibited by the State Control
Committee of Belarus - a fine shall be
imposed on an individual entrepreneur
or legal entity with confiscation of
property. This part of the article was
amended in accordance with the Law
of the Republic of Belarus dated
December 28, 2009 No. 98-Z.
4.
Sale or storage of goods or medicines
from warehouses, bases, consumer
services, trade, public catering, public
utilities of public health organizations
or delivery to the place of sale or
concealment of goods or medicines
from buyers (violation of trade rules) -
a fine punished with.
5.
Sale of goods by hand, trays, trolleys,
cars, as well as in places prohibited by
law, is punishable by a warning or a
fine. This norm was introduced by the
Law of the Republic of Belarus dated
December 28, 2009 No. 98-Z.
6.
The sale of goods by a natural person
who is not engaged in entrepreneurial
activity in the market or in a place other
than the place specified by the local
executive and administrative div,
shall be punishable by a fine if such
person is prohibited from selling in
these places in accordance with the
legislation [2].
Liability for violation of the rules of trade and
services is not included in the Criminal Code of
the Republic of Belarus.
Another CIS country is the Republic of Ukraine,
where liability for violations of trade and
service regulations is stated as follows:
According to Article 155 of the Code of
Administrative Responsibility of the Republic
of Ukraine, violation of the rules of trade and
services by employees of trade, catering and
services, citizens engaged in entrepreneurial
activities is punishable by a fine.
Sale of goods from warehouses, bases,
auxiliary rooms and consumer cooperatives of
state trade (catering, service) enterprises in
violation of the established rules, as well as
employees and officials of state trade (catering
and service) enterprises (organizations)
concealment from buyers of goods committed
by a non-consumer cooperative will result in a
fine in the amount of the minimum base
calculation.
Also, Article 1551 of this law establishes liability
for violation of the procedure established by
law for settlements in the field of trade,
catering and services.
This situation results in a heavier penalty if
committed by a person who has been held
administratively liable for the same offenses
for a period of one year.
In addition, Article 1552 of this Code deceives
the buyer or customer, ie in the sale of goods,
works, services, employees of trade, catering
and services - citizens by business entities in
excess of the established prices and tariffs or
other
frauds.
measurement,
collection,
calculation will result in liability with a fine [3].
The Criminal Code of the Republic of Ukraine
also does not address the issue of liability for
violation of the rules of trade and services.
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Pages:
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Let us now turn to the state of Latvia, which is
located in the north-west of Europe, on the
shores of the Baltic Sea, and today has a
developed economy.
According to Article 155 of the Code of
Administrative Offenses of the Republic of
Latvia, violation of the rules of trade, catering
or services is punishable by a fine of seven to
two hundred and ten euros for individuals and
fifteen to seven hundred euros for legal
entities. If the same actions are committed
repeatedly within a year after the imposition of
an administrative penalty - individuals will be
fined from two hundred ten to three hundred
and fifty euros, and legal entities from seven
hundred to one thousand four hundred euros.
Failure to comply with the procedure
established by Article 1552 of this Law for the
accounting (accounting) of income and
expenses at the cash desk - entails a fine of one
hundred and forty euros to two hundred and
ten euros.
Also, according to Article 1554, trading in illegal
places - leads to the confiscation of goods in
illegal places of trade.
CONCLUSION
Similar actions committed by a person
convicted two or more times for trading in an
unauthorized place during the year are
punishable by a fine of up to two hundred and
ten euros or administrative detention for three
to fifteen days with confiscation of goods.
In addition, according to Article 1555 of this
law, non-compliance with the expiration date
of the product, ie sale after expiration, sale or
distribution of goods not specified in the
regulatory decisions - a fine of seven to three
hundred and fifty euros for individuals and
fifteen to seven hundred euros for legal
entities. causes.
In addition, trading in petroleum products in
places not permitted by the administrative
legislation of the Republic of Latvia, in
particular Article 1556, entails confiscation of
petroleum products in trade outlets and a fine
of one hundred and forty to seven hundred
euros[4].
Among the signs of the objective side of a
particular crime are the essential typical signs
of the external side of this type of crime in their
generalized expression, distinguished from the
countless possible manifestations of the
corresponding type of crimes committed in
reality [5].
We are convinced that the administrative and
criminal legislation of the Republic of
Uzbekistan,
in
comparison
with
the
administrative and criminal legislation of
foreign countries, the legislation of the
Republic of Uzbekistan is liberalized in
accordance with the criteria of social justice.
REFERENCES
1.
Code of administrative offences of the
Russian Federation no. 195-fz of december
30, 2001, april 29, 2008.
2.
Code of the Republic of Belarus on
administrative law (National Register of
Legal Acts of the Republic of Belarus,
2007, № 6, 2/1298) <H10700201>
3.
Code of Ukraine on administrative law
from December 7, 1984 № 8073-X (with
changes and additions to the state on
17.03.2020).
4.
Criminal Code of the Republic of Latvia:
Law, adopted by the Sejm on June 17, 1998
The USA Journals Volume 03 Issue 04-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
April 30, 2021 |
Pages:
62-67
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-10
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ИЛИШ,
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ОНУНГА
ХИЛОФ
РАВИШДА
АРАЛАШИШ
БИЛАН
БО
Ғ
ЛИ
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ЖИНОЯТЛАР
УЧУН
ЖАВОБГАРЛИК
БЕЛГИЛАНИШИНИНГ
ИЖТИМОИЙ
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АЙРИМ
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ИЛМИШЛАРНИ
КВАЛИФИКАЦИЯ
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