The Administrative Responsibility for the Use in the Name of a Legal Entity of the Words “Stock Exchange”, “Trading System”, “Trade Organizer”

Vestnik Omskoj Ûridičeskoj Akademii. 2018;15(2):206-211 DOI 10.19073/2306-1340-2018-15-2-206-211

 

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Journal Title: Vestnik Omskoj Ûridičeskoj Akademii

ISSN: 2306-1340 (Print); 2410-8812 (Online)

Publisher: Omsk Law Academy

Society/Institution: Omsk Law Academy

LCC Subject Category: Law

Country of publisher: Russian Federation

Language of fulltext: Russian

Full-text formats available: PDF

 

AUTHORS

Tatyana V. Golovanova (Omsk Academy of the Ministry of Internal Affairs of the Russian Federation)
Andrei E. Yuritsin (Omsk Academy of the Ministry of Internal Affairs of the Russian Federation)

EDITORIAL INFORMATION

Peer review

Editorial Board

Instructions for authors

Time From Submission to Publication: 13 weeks

 

Abstract | Full Text

The article is devoted to topical issues of administrative responsibility, stipulated by the Code of the Russian Federation on Administrative Offenses, for legal entities, for the use in the name and (or) in advertising of the words “stock exchange”, “trading system”, “trade organizer”, as well as words derived from them and word combinations. The authors, analyzing the judicial practice, the opinions of the founders of legal entities brought to administrative responsibility for this offenses, come to the conclusion that these offenses are in most cases committed unintentionally. It is advisable to legislatively exclude the possibility of registration of a legal entity by an authorized federal executive body at the stage of submission of constituent documents in the event that the words “stock exchange”, “trading system”, “trade organizer”, as well as words and phrases derived from them, are included in its name. In addition, the administrative fines provided for such an offense are disproportionate to the gravity of the administrative offense. This fact is confirmed by the absence of a unanimous opinion among judges on the fact of adopting a decision to award a fine to a legal entity in the prevailing legal realities.