Administrative liability for violation of sanitary legislation
Key words: SANITARY RULES AND STANDARDS; ADMINISTRATIVE RESPONSIBILITY; ADMINISTRATIVE OFFENSE; SANITARY AND EPIDEMIOLOGICAL WELFARE OF THE POPULATION; SANITARY RULES AND REGULATIONS; ADMINISTRATIVE RESPONSIBILITY; ADMINISTRATIVE OFFENCE; SANITARY-EPIDEMIOLOGICAL WELFARE OF THE POPULATION.
Sanitary rules and regulations (abbreviated as SanPiN) are a set of documents aimed at implementing sanitary control in the Russian Federation [2]. If violations of sanitary rules and regulations are detected, the sanitary-epidemiological service issues a warning to the institution to eliminate the violations, but in case of failure to comply with the warning, a fine is imposed on the organization or a requirement is put forward to terminate the organization’s activities, that is, administrative penalties are imposed.
Administrative liability is a type of legal liability expressed in the imposition by a competent official or executive body of an administrative punishment on an individual or legal entity that has committed an offense [3].
The following are traditionally identified as signs of administrative responsibility.
1. Action is the conscious behavior of a person, which can be expressed in the forms of action and inaction. 2. Guilt is expressed in intent, when the person was aware of the social danger of his actions, and in negligence, when the person was not able to foresee the social danger of his actions (Article 2.2 of the Code of Administrative Offenses of the Russian Federation). 3. Illegality is a sign indicating that the object of a person’s attack is protected by law. 4. Antisocial character - a person encroaches on the interests of the individual, society, or state (the list of such interests is indicated in Article 1.2 of the Code of Administrative Offenses of the Russian Federation).
Types of administrative responsibility.
1. Warning. This is an official censure issued by an authorized body in writing, established by law [6]. 2. Administrative fine. This is a monetary penalty, the amount of which is determined in the article establishing liability for a specific offense. 3. Administrative suspension of activities [3].
Thus, an administrative offense is an unlawful guilty action or inaction of a legal or natural person for which administrative liability is established.
Art. 6.3 of the Code of Administrative Offenses of the Russian Federation “Violation of legislation in the field of ensuring the sanitary and epidemiological well-being of the population” provides for administrative liability for violation of SanPiNov [1].
The object of this offense is public relations in the field of sanitary and epidemiological welfare of the population. The subjects of this offense are citizens, individual entrepreneurs, officials, legal entities who are responsible for complying with the norms and rules established by the sanitary and epidemiological service. The objective side of this offense is expressed in the form of actions (inaction) that resulted in violations of sanitary and hygienic standards. The subjective side of the act in question is expressed by the intentional guilt of the relevant subject.
Using the example of a resolution issued by the Sanitary and Epidemiological Service of the city of Chernogorsk to one of the educational organizations of the city, it can be established that violation of sanitary and epidemiological norms is an administrative offense and, therefore, measures of administrative liability are imposed on the organization.
During a scheduled on-site inspection by the sanitary and epidemiological service in September 2021, violations of the mandatory requirements of Art. 11, 28, 17 of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population.”
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Based on the results of the inspection, a decision was made that the educational organization violated the requirements of clause 4.27. SanPiN 2.4.2.2821-10, clause 4.28. SanPiN 2.4.2.2821-10, clause 3.6. SanPiN 2.4.5.2409-08. which must be resolved within one calendar month. However, this warning was ignored, and therefore an administrative fine in the amount of 25 thousand rubles was imposed on the educational organization.
This offense entails administrative liability, since in accordance with paragraph 4 of Art. 55 of the Federal Law of March 30, 1999 No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population,” persons guilty of violations of sanitary and epidemiological requirements for educational conditions are subject to administrative liability. The violation in question is a guilty act, since a general education organization is obliged to bring the state of the institution into compliance with SanPiNs every year, but due to the lack of funds and inadequate control, the standards are not observed. Consequently, the official was aware of the illegality of his actions and deliberately violated the law.
Thus, using the example of bringing a general education institution to administrative responsibility, one can be convinced that violation of SanPiNov is an administrative offense, since it contains all the signs of such, indicated above; persons guilty of committing such acts are subject to administrative liability.
Sanitary offenses
The design of sanitary offenses in the domestic legal system is provided for in the norms of specialized legislation on the sanitary and epidemiological welfare of the population, in accordance with the norms of which, the legal definition of the type of illegal behavior in question is as follows:
Definition 1
Sanitary offense - committed guilty, in the form of intent or negligence, violation of the norms of the current law, including established sanitary rules, failure to comply with the prescribed sanitary, as well as anti-epidemic measures, as well as failure to comply with government orders and instructions of the competent authorities, institutions and their officials, the object of the offense which represents the rights and legitimate interests of citizens and the entire society.
Persons who have committed a sanitary offense, in accordance with current national legislation, can be brought to three types of legal liability:
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- Criminal liability as a reaction to the most socially dangerous illegal acts in the area under consideration;
- Administrative liability arising due to the commission of socially harmful sanitary offenses;
- Disciplinary liability imposed on authorized officials within the framework of existing labor or service relationships.
Types of liability for committing a sanitary offense
Let us consider each type of liability for committing a sanitary offense in more detail.
Thus, criminal liability in this area arises due to the commission of such sanitary offenses, the consequences of which are expressed in the real or potential occurrence of mass diseases, epidemics, as well as poisoning or death of people.
The subject of criminal liability in accordance with the current criminal legislation and the existing criminal law doctrine are only individuals. In this regard, only officials through whose fault the consequences described above occurred or could occur are subject to liability for committing socially dangerous sanitary offenses.
What law provides for liability for violation of sanitary legislation?
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FEDERAL SERVICE FOR SUPERVISION IN THE FIELD OF PROTECTION OF CONSUMER RIGHTS AND HUMAN WELL-BEING
Federal Budgetary Institution of Health Care
"Center for Hygiene and Epidemiology in the KARACHAY-CHERKASSIAN REPUBLIC"
List of questions to prepare for certification
for teachers and staff of additional educational organizations
What law provides for liability for violation of sanitary legislation:
On the types of administrative penalties for sanitary violations, the amount of punishment
The sanitary and epidemiological well-being of the population depends on compliance with sanitary norms and rules (SanPiN). In the event of their intentional or accidental violation and the guilt of the person who committed the unlawful act is established, liability is provided, which can be not only administrative, but also disciplinary or criminal.
Types of administrative responsibility
There are various types of administrative penalties for sanitary violations.
These include:
- warnings;
- fines;
- confiscation of an item used to commit an offense;
- deprivation of a right obtained specifically (for example, the right to hunt);
- administrative arrest;
- deportation (for foreigners);
- disqualification.
In each specific case, the type of punishment for the crime committed is established individually, since determining the degree of responsibility is quite difficult due to the content of the norms in different laws.
What fines can be imposed for violating SanPiN
The most common punishment is a warning or a fine. Article 6.3 of the Code of Administrative Offenses of the Russian Federation contains an answer about the types of administrative penalties for sanitary violations.
Types of administrative offenses
These may include, first of all, fines:
- from 100 to 500 rub. for individuals;
- from 500 to 1 thousand rubles. for officials and entrepreneurs;
- from 10 to 20 thousand rubles. and up to cessation of activity for 90 days for legal entities. persons
Important! After collecting a fine, the offender’s obligations to correct identified violations and comply with legal requirements in the future are not relieved.
Chief Sanitary Doctor of the Russian Federation
For specific types of violations of SanPiN the following may be applied:
- A warning to individual entrepreneurs for violating any of the sanitary standards (if the illegal actions did not lead to large-scale consequences) or fines in the amount of 500 to 20,000 rubles, which are subject to recovery from legal entities (Article 6.3 of the Administrative Code).
- Penalties of 80 thousand rubles, imprisonment for up to 5 years, forced labor for up to 240 hours (Article 236 of the Criminal Code) if serious consequences occur, expressed in poisoning and illness of customers, including children, due to non-compliance SanPiN.
- Fine of up to 50 thousand rubles. imposed on officials of an organization (Article 14.7 of the Administrative Code) for conducting business activities that involve committing illegal actions against consumers (deceiving them).
- A fine of from 300 to 20,000 rubles. (Article 19.5 of the Code of Administrative Offenses) may be imposed on an individual entrepreneur for untimely compliance with instructions on violations of SanPiN, previously set out by Rospotrebnadzor.
- Penalties up to 30 thousand rubles. (Article 14.4 of the Administrative Code) for selling poor quality goods to individual entrepreneurs.
- Imposition of a fine of up to 40 thousand rubles. (Article 14.5 of the Administrative Code) for the sale of goods for which there are no documents confirming their quality.
- Fine up to 30 thousand rubles. for the sale of goods in violation of the requirements for their sale is imposed on legal entities.
- Fine of up to 10 thousand rubles. (Article 14.8 of the Administrative Code) for presenting false documents to confirm the quality of the products.
- Fine of up to 20 thousand rubles. (Article 19.5 of the Administrative Code) for creating obstacles to inspections by inspectors in order to prevent or detect violations.
Important! The amount of fines and the procedure for compensation for damages for the above violations are determined by regulations.
When brought to administrative responsibility, regardless of who made the decision to impose a fine for violating sanitary standards, you can use the following methods to pay the fine:
- government services website;
- Yandex Money or WebMoney wallets;
- terminals, Sberbank cash desk services or mobile banking.
Rice. 3 Payment of fines
What is the deadline for violating SanPiN for paying a fine on a voluntary basis?
Administrative liability for environmental violations
The total period for paying a fine for an administrative offense is no more than 60 days from the moment the relevant resolution enters into legal force or from the date of expiration of the installment plan or deferment.
In case of failure to pay the fine within the prescribed period, its amount is doubled.
In addition, a person can be arrested for 15 days or forced to perform forced labor for up to 50 hours.
Note! Regardless of the decision made by the court to bring to administrative liability under Part 1 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, the initial fine must be paid in accordance with the resolution on the basis of which the person who committed the offense was brought to justice.
