Legal nature of the impermissibility warning violations of requirements in the fuel and energy sector

Abstract

In the context of protecting the rights of entrepreneurs, the authors investigate the problem of determining the legal nature of such an act of reaction to an offense as a warning. The lack of a proper understanding of the nature of the warning determines the problems associated with the announcement of the warning, provided for By the law on the Prosecutor’s office and various Federal laws. Analysis of the practical implementation of these rules has shown a lack of necessary clarity and unambiguity of the regulations. The lack of a unified doctrinal approach to understanding the essence of the warning against violation of requirements is another confirmation of this. Having identified and analyzed the essential properties of the warning and its basis, the authors conclude that by its legal nature, the warning is a nonnormative legal act and can be challenged in court, which is confirmed by relevant examples of judicial and prosecutorial practice. Current legal provisions that obscure the obligation of the addressee to comply with the warning are subject to adjustment in order to ensure legal certainty.