LEGAL STATUS AND ACTIVITIES OF BODIES AUTHORISED TO IMPOSE FINANCIAL ADMINISTRATIVE SANCTIONS

The existence of a system of financial liability measures is a common occurrence in market economies. Despite their considerable motivational potential, financial administrative sanctions constitute a significant interference with human rights. Consequently, their application should be justified and balanced. The present article focuses on the powers of the authorities that apply financial administrative sanctions, as well as the procedure for exercising these powers. The authors identify the legal sources that establish these powers. The paper also considers the involvement of the courts in the system of imposing financial administrative sanctions. The problem of combining the functions of investigation and enforcement in one body is discussed. The authors elucidate the issue of the extent of court intervention in an administrative act on imposition of a financial sanction. The research outlines the approaches to determining the limits of the discretionary powers of the subjects of financial administrative sanctions. The study identifies the range of human rights guarantees that should be provided by the authorities when considering cases for the imposition of financial sanctions. The article highlights the extent of possible interference with human rights during the gathering of evidence that forms the basis for a decision to impose an administrative fine. The authors further posit that the implementation of oral hearings in cases where an individual pleads not guilty holds considerable promise for enhancing the efficacy of administrative financial sanction bodies. The paper examines the issue of the motivation of the decisions taken, including the choice of the amount of the fine. The contributors argue that a decision to impose a fine cannot be enforced immediately and that an appeal should always suspend its enforcement. The present study is founded upon a thoroughgoing investigation of doctrinal sources, and is of a theoretical nature. The conclusions contained in the article may be used to improve legislation and law enforcement practice, and may also form the basis for further research.