Relevant Issues of Bringing Official Receivers to Liability for an Administrative Offense under Part 3.1, Article 14.13 of the Administrative Offense Code of the Russian Federation and Imposition of Punishment in Form of Disqualification

The article is devoted to the current problem of the contradiction between the substantive assessment of violations by arbitration managers in bankruptcy proceedings and the formal approach to bringing to administrative liability under Part 3.1 of Article 14.13 of the Code of Administrative Offenses of the Russian Federation. The lack of alternative to disqualification for repeated violations creates a systemic problem: courts are forced to apply the principle of insignificance to overcome the disproportionate nature of punishment, which contradicts the principle of the inevitability of liability. The article analyzes the judicial practice of arbitration districts, the positions of the Constitutional Court of the Russian Federation regarding the public-law status of managers and constitutional standards of proportionality. It is proposed to introduce an alternative fine of an increased size, differentiated according to the degree of public danger of the violations, to ensure individualization of punishment.