Administrative coercive measures used in the field of construction

Introduction. The article studies certain administrative coercive measures used to protect public relations in the field of construction, as well as to identifying the problems of their legal consolidation.

Materials and methods. The study is based on an analysis of legislative provisions that determine the procedure for applying administrative coercive measures in the field of construction. The use of the formal legal method made it possible to reveal the content of legal norms devoted to their regulation.

Analysis. Administrative and legal protection of public relations in the field of construction implies the need to implement various measures of administrative coercion. The legislation is characterized by the absence of an exhaustive list of such measures. Their content can be judged by analyzing specific articles of various regulations.

Results. Administrative coercive measures in the field of construction can be divided into administrative and preventive; administrative and recovery; administrative measures; measures to ensure proceedings in cases of administrative offenses; administrative penalties. The author states the need to normatively consolidate the order of the control (supervisory) body in the field of construction and specify its relationship with the act of control (supervisory) activity. An order from a control (supervisory) body in the field of construction must be considered as an administrative coercive measure applied on the basis of an act of a control (supervisory) body in the event of violations of mandatory requirements being detected during a control (supervisory) event, aimed at suppressing actions (inactions) containing signs of violation mandatory requirements in the field of construction, as well as preventing such violations in the future by taking measures to prevent harm (damage) to public relations in the field of construction. The need to expand the list of administrative penalties contained in the Code of Administrative Offenses of the Russian Federation is substantiated by including a new measure - exclusion from the state register of self-regulatory organizations. 

1. Administrative law of the Russian Federation: textbook for bachelors. Ed. A.Yu. Sokolova. Moscow: Legal Norma, Scientific Research Center INFRA-M; 2018. 352 p. (In Russ.).

2. Baymuratova Z.M. Self-regulatory organizations in the field of entrepreneurial activity: administrative and legal aspect: abstract of thesis. Moscow; 2010. 199 p. (In Russ.).

3. Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ (as amended on December 29, 2022) in Collection of legislation of the Russian Federation. 2005. No. 1, part 1, art. 16; 2023. No. 1, part 1, art. 59.

4. Kaplunov A.I. On the main features and concept of state coercion. Gosudarstvo i pravo. 2004;(12)10-17. (In Russ.).

5. Nizhankovskaya N.A. Administrative responsibility for offenses in the field of housing construction: abstract of thesis. Khabarovsk; 2011. 22 p. (In Russ.).

6. Decree of the Government of the Russian Federation of June 30, 2021 No. 1087 “On approval of the Regulations on federal state construction supervision” (as amended on December 23, 2021) in Collection of legislation of the Russian Federation. 2021. No. 28, part 1, art. 5517; 2022. No. 1, part 1, art. 120. (In Russ.).

7. Federal Law of July 31, 2020 No. 248-FZ “On State Control (Supervision) and Municipal Control in the Russian Federation” (as amended on August 4, 2023) in Collection of legislation of the Russian Federation. 2020. No. 31, part 1, art. 5007; 2023. No. 32, part 2, art. 6215. (In Russ.).

8. Fomichenko S.V. Peculiarities of administrative responsibility for offenses in the sphere of activities of self-regulatory organizations. Vestnik Nizhegorodskogo universiteta im. N. I. Lobachevskogo. 2022;(4)146-151. (In Russ.).

9. Code of Administrative Proceedings of the Russian Federation dated March 8, 2015 No. 21-FZ (as amended on July 24, 2023) in Collection of legislation of the Russian Federation. 2015. No. 10, art. 1391; 2023. No. 31, part 3 art. 5775. (In Russ.).

10. Moscow City Code on Administrative Offenses dated November 21, 2007 No. 45. Vedomosti Moskovskoj gorodskoj Dumy. 2008;12:art. 251. (In Russ.).

11. Code of the Volgograd Region on Administrative Liability dated June 11, 2008 No. 1693-OD. Volgogradskaya Pravda. 2008;105. (In Russ.).

12. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on April 3, 2023). Rossijskaja gazeta. 2023;75. (In Russ.).