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The Supreme Court of Yakutia agreed with the request of the prosecutor's office to bring the republican Administrative Code

The Supreme Court of Yakutia reviewed the application of the prosecutor's office on the recognition of certain provisions of the Code of Administrative Offenses of the Republic as contrary to the federal law, inoperative and not applicable.

In support of the prosecutor's statement, it is stated that in the article 3.4. The Republican legislator establishes the administrative responsibility of officials and legal entities for finding children in the facilities, the location of which can harm the health of children, their physical, intellectual, mental, spiritual and moral development, as well as the responsibility of parents (persons who replace them), officials and legal Persons for finding children at night in public places without accompanying parents (persons who replace them) or persons carrying out activities involving children.

However, Art. 5.35 of the Code of Administrative Offenses of the Russian Federation establishes the administrative responsibility for non-fulfillment or improper performance by parents or legal representatives of minors of the responsibility for the maintenance, upbringing, education, protection of the rights and interests of minors. All the acts listed in part 1 and part 3 art. 3.4 of the Code of the RS (Y) fall under the effect of Art. 5.35 of the Administrative Code of the Russian Federation, according to which only parents can be brought to administrative responsibility (persons substituting them).

Thus, the establishment of Art. 3.4 Administrative Code of the RS (Y) additional administrative responsibility in relation to the parents of minors (persons replacing them), legal entities and officials, entails a violation of the principle of the inadmissibility of punishment for the same violation twice, creates a situation of uncertainty when they are held accountable for these acts.

The court agreed with the requirements of the prosecutor and satisfied the application in full, reports the senior assistant prosecutor of Yakutia on interaction with the media and public organizations Gennady Dolganov.

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