Problematic Issues of Administrative Liability of Legal Entities

Abstract

Administrative liability of legal entities is a form of the state’s response to administrative offenses, manifested through the imposition of legally prescribed sanctions on such entities by a competent authority or official. Today, the issue of administrative liability of legal entities requires special attention from legislators, legal practitioners, and scholars, as it remains fraught with challenges that undermine the effectiveness of this form of legal accountability. The nature of the institution of administrative liability for legal entities is still a subject of debate, and the relevant legislation contains contradictory provisions concerning legal entities as subjects of administrative offenses. Furthermore, the classification of types of administrative liability applicable to legal entities remains unresolved, and discrepancies persist between national legislation and international law in this area. A significant issue is the absence of a unified normative act establishing the foundations of administrative liability for legal entities. The current Code of Ukraine on Administrative Offenses largely fails to meet modern societal realities and does not facilitate the effective functioning of mechanisms of administrative liability for legal entities. Additionally, there is no systematic effort underway to develop and adopt a new codified act in the field of administrative liability that would comprehensively address, among other things, the liability of legal entities. These issues merit in-depth attention and analysis, which constitutes the purpose of this study.