RESPONSIBILITY FOR VIOLATIONS OF THE REQUIREMENTS FOR OBTAINING AND GROWING GENETICALLY MODIFIED CROPS AND THE TURNOVER OF PRODUCTS OBTAINED WITH THEIR USE AS GIVEN IN A NEW PROJECT OF THE CODE OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSES

• Published in: Гуманитарные и юридические исследования
• Main Authors: A. Sokolov, O. Lakaev
• Format: Article
• Language: Russian
• Published: North-Caucasus Federal University 2021-09-01
• Subjects: administrative liability; administrative offense; agricultural crops; genetic engineering; administrative and tort legislation
• Online Access: https://humanitieslaw.ncfu.ru/jour/article/view/242

The relevance of this article is due to its theoretical and practical significance. The theoretical significance of the study of administrative responsibility for violations of the requirements for obtaining and growing genetically modified crops and the turnover of products obtained with their use is due to the fact that there is no sufficient scientific study of the composition of administrative offenses in this area; the current state of development of the theory of administrative law shows the lack of research aimed at optimizing administrative responsibility in the field of genetic engineering in terms of quantitative and qualitative indicators, and the identification of appropriate compositions of administrative offenses in the crop industry. The practical significance of the analysis of the materials of the draft law on this issue is determined by the fact that its proper scientific justification depends on further development of the Russian legislation on administrative responsibility in the field of genetic engineering in crop production, since the improvement of the approach to establishing administrative responsibility for violations of the requirements for obtaining, the cultivation of genetically modified crops and the turnover of the resulting products can contribute to the introduction of subsequent innovations in the draft law under the study. This paper identified key features of the new approach on the draft administrative code to the regulation of administrative responsibility in the field of genetic engineering in crop production, however, most of the proposed standards have an undivided subject of regulation, establishing administrative liability for violations of the rules for the implementation of genetic engineering activities and turnover of the resulting products in general, without taking into account its specificity in crop and livestock production. The scientific novelty of the article lies in the fact that it is based on the analysis of the new draft of the Administrative Code of the Russian Federation, the authors identify and characterize the composition of administrative offenses that directly affect genetic engineering activities in the crop industry in terms of generic objects, subjects, administrative penalties and prospects for expanding the judicial jurisdiction of the relevant cases, which can stimulate further research in this area