Administrative and financial responsibility: problems of law enforcement

Based on the norms of the Constitution of the Russian Federation, the basic postulates for Russian law set forth in the research of legal theorists and specialists in administrative law, the author justifies the absence of a separate type of responsibility, which was named "financial responsibility", proving that this responsibility is part of administrative responsibility, since it is based on administrative and legal relations, that is, the relationship of "power – subordination". The article provides examples of the norms of legislative acts confirming the violation of the principle of non bis in idem, that is, the fundamental principle for the rule of law, according to which it is unacceptable to punish twice for the same violation. As a result of the conducted research, proposals have been developed to change modern Russian legislation, which will make it possible to exclude parallel (simultaneous) bringing to administrative responsibility and financial responsibility for the same violation. Along with general scientific research methods (study, consideration of connections and contradictions, application of system analysis), the author used special methods: formal-legal and comparative-legal. The author came to the conclusion that there is no financial liability as a separate type of legal liability, since the nature of financial violations, the procedure for establishing rules, and bringing to named responsibility completely coincide with the elements on the basis of which administrative liability exists. Justice towards a person and a citizen in Russia requires not violating the principle of non bis in idem, that is, the principle of the inadmissibility of repeated punishment for the same offense (misdemeanor, offense, crime). In order to eliminate the existing situation, which is subject to administrative responsibility and financial responsibility at the same time, specific measures have been proposed to regulate the existing situation in order to minimize the arbitrariness of various non-governmental bodies to apply penalties not prescribed by administrative legislation at their discretion, which will lead to a decrease in the number of inspections on issues that usually do not play a significant role. On the other hand, they will support the state authorities, which stands guard over the protection of human and civil rights and freedoms in Russia.