Ovchinnikov Alexey Nikolaevich (Candidate of Economic Sciences,
Tolyatti Higher Military Command and Engineering Construction School;
National Research Moscow State University of Civil Engineering;
Russian university of cooperation
)
Tkachenko Roman Vladimirovich (Doctor of Law, Professor,
Kutafin Moscow State Law University
)
Basyrova Svetlana Anatolevna (legal consultant of the 1st category of Ulyanovskenergo JSC;
Institute of International Law and Economics named after A. S. Griboyedov, Moscow
)
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This article examines the legal grounds for the processing of personal data by executive authorities when refunding unlawfully collected administrative fines. The regulatory framework governing instances of personal data processing without the subject’s consent within administrative proceedings and the enforcement of judicial acts is analyzed. It is noted that data operators’ demand for additional consent in situations explicitly regulated by law exceeds their competence. A discrepancy between the provisions of Federal Law No. 152 FZ and the law enforcement practice of certain administrative bodies has been identified. It is determined that the refund of funds under annulled rulings falls within the enforcement of judicial acts and the powers of functional executive authorities. The article concludes that requesting consent for the processing of personal data when refunding unlawfully collected fines contradicts the provisions of Article 6 of Federal Law No. 152 FZ and creates unjustified obstacles to the exercise of citizens’ constitutional rights.
Keywords:personal data, administrative fine, refund of funds, personal data operator, consent of the subject, judicial act, administrative proceedings
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Citation link:
Ovchinnikov A. N., Tkachenko R. V., Basyrova S. A. LEGAL GROUNDS FOR THE PROCESSING OF PERSONAL DATA WITHOUT THE SUBJECT’S CONSENT IN THE REFUND OF ADMINISTRATIVE FINES: AN ANALYSIS OF THE PRACTICE OF APPLYING ARTICLE 6 OF FEDERAL LAW NO. 152 FZ // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2026. -№01. -С. 79-85 DOI 10.37882/2223-2974.2026.01.15 |
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