Features of replacing administrative fines for individual entrepreneurs with warnings in the field of technical regulation violations

The subject of the research is the issue of applying the rule for replacing administrative fines with warnings for individual entrepreneurs, as provided by the Code of Administrative Offenses of the Russian Federation (CAO RF). The study examines the specifics of administrative responsibility for violations of norms in the field of technical regulation, including the qualifying features of offenses, such as causing harm or creating a threat of harm. Special attention is paid to legal conflicts arising when courts assess these features, which leads to refusals to apply mitigating measures. The influence of such conflicts on law enforcement practice is analyzed, including the involvement of individual entrepreneurs in liability for non-compliance with technical regulations. The research covers judicial acts, legislation, and doctrinal approaches, revealing systemic problems in the qualification of offenses and their consequences for businesses. General scientific methods of analysis, synthesis, comparison, analogy, and generalization were used. Judicial practice, legislative acts, and scholarly opinions were analyzed. A legal conflict was identified: the qualifying feature of "causing harm or creating a threat of harm" prevents the replacement of a fine with a warning, even in the absence of actual damage. The scientific novelty lies in the generalization of judicial acts and administrative practices, demonstrating the systemic nature of the problem, as well as in the proposal of recommendations for improving law enforcement. It is confirmed that qualified types of administrative offenses should be applied if the harm caused affects the life or health of individuals, living beings, the environment, or poses a risk of property loss. It is recommended to exclude the category of "potential threat of harm" from the conditions of the principle of replacing an administrative fine with a warning. It is proposed to use the categorization of technical regulations with consideration of the focus on eliminating specific threats, which would allow courts to flexibly apply the CAO RF. The conclusions contribute to the unification of practice, reduction of administrative burden on entrepreneurs, and improvement of the effectiveness of technical regulation.