Administrative liability of an individual entrepreneur for violation of labor legislation: theoretical and legal aspects

For the first time in the science of labor law, the article examines the administrative responsibility of a person engaged in entrepreneurial activity provided for in Articles 5.27 and 5.27.1 of the Administrative Code of the Russian Federation without the formation of a legal entity, during which some of its problems were identified, which set the author the task of resolving the issue of the legality of consolidating this responsibility in the specified standards. Since this person (an individual entrepreneur), as follows from the above articles, is administratively responsible for violating labor laws, the work analyzes his norms such as Parts 1, 4, 5 and 7 of Articles 20, Article 22 of the Labor Code of the Russian Federation, as a result of which it is concluded that it is impossible to recognize him as a subject of administrative responsibility for the commission of labor offenses. Art. 2.4 The Administrative Code of the Russian Federation, which identified the legal categories of "official" and "individual entrepreneur", which made it possible to establish the inability of the person in question to be personally responsible for violating labor legislation in accordance with the norms of the Administrative Code of the Russian Federation. Based on all of this, the author considers it necessary to exclude from Articles 5.27 and 5.27.1 the reference to a person engaged in entrepreneurial activity without forming a legal entity.