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Administrative violation and administrative liability

Among all sectors, a special place is occupied by administrative law. This is primarily due to the fact that daily these or other relationships are formed between people. Many of them are administrative in nature. Within the framework of these relations, not only positive actions are performed. Let us further consider what constitutes administrative violations and administrative responsibility. administrative violation

General information

The only reason for the occurrence of administrative responsibility is the presence of corpus delicti. In this case, we are talking about both the actual and the regulatory aspect. The terms "administrative rights", "violations" appeared in the eighties. The first clear statement was given in the Code of Administrative Offenses in 1984.

Definition

Administrative violation is an misconduct, reckless or willful guilty action or inaction infringing on civil or state order, the interests and freedoms of people, property, as well as the management regime adopted in the country. For such behavior regulatory acts provide for penalties. Acting as the basis for administrative responsibility, the violation is considered as an unlawful, guilty act encroaching on the rules of conduct of officials and civilians in the field of public administration legally justified and provided with appropriate sanctions. Explaining these definitions, it is necessary to note one of the important facts. Administrative liability for violation of the law comes under the condition that it does not entail criminal penalties. administrative violations and administrative liability

Legal base

The norms that classify administrative violations of the Russian Federation are present in the Air Code, the Merchant Shipping Code, the Labor Code, the Code of Administrative Offenses and others. Other industry regulations also use appropriate definitions. It should be noted that in the concept explained above, administrative violation and misconduct are identified. The second is not a variation of the first, but acts as a synonym.
articles administrative violations

Main signs

As mentioned above, an administrative violation is inaction or action. In the latter case, the behavior is an active non-fulfillment (evasion) of a legal requirement expressed by a duty or requirement, norm, standard, rule. For example, it can be a violation of silence at night, traffic rules and so on. Inaction should be understood as passive behavior. It is expressed in the person's failure to carry out certain actions that he could and should have performed in accordance with the obligations assigned to him. For example, this may be a failure to return, failure to fulfill obligations of parents in relation to their children.  administrative violations of the russian federation

Social danger

It is this symptom that determines the onset of liability for the violation. In the absence of this criterion, there is no evidence of a crime. Any administrative violation that infringes on public order does him one or another damage. At the same time, negative consequences can occur both in the form of real harm (for example, petty theft), and as the formation of appropriate conditions for its onset (non-compliance with sanitary and hygienic rules). The level of public danger determines the amount of responsibility.

Other signs

In addition to the above criteria, it should be noted wrongfulness.It consists in the fact that there is an act that is prohibited by the norm, or an imperfection of the obligation that is prescribed by the norm. The signs characterizing an administrative violation should also include the guilt of the act. It can be expressed in the form of both intent and negligence. The fault of the offender acts as the most important and necessary sign of an administrative crime. In addition, inaction or an action contrary to the standards is punishable. An administrative violation acquires its symptoms only if liability is foreseen for its commission. administrative liability for violation of the law

Clarification of concepts

An act is an act of conscious volitional behavior. It is expressed as inaction or action. The antisocial nature of the act involves an encroachment on the interests of society, the citizen, and the state. In a generalized form, a list of them is given in Art. 1.2 CAO. Guilty acts as a definite construct containing imprudence and intent (similar to criminal). Forms of guilt are defined in Art. 2.2 Administrative Code of the Russian Federation. Wrongfulness is a situation where the object of an infringement not only has a certain value for society, the state, the individual, but is also protected by law. An important element is the concept of punishability. With her administrative penalty acts as a measure of responsibility for the offense.

Corpus delicti

To acknowledge a violation of an administrative nature, there is no need to conduct research on the stages of preparation and attempt. In a number of cases, the presence of an offense at an earlier stage than a completed act is normatively established. Qualification of a crime is carried out in accordance with its composition. It is a set of features provided by law that characterize this action as an administrative violation and delimiting it from other misconduct. administrative rights violation

Crime elements

The definition of a set of features that allow you to qualify a crime is necessary to perform the following tasks:

  • Fundamental. This function means that if there is a composition, there is a basis for administrative liability.
  • Delimiting. The composition of a crime delimits one violation from another, as well as from actions that are not related to crimes, for which liability arises in accordance with the norms of other legal sectors.
  • Warranty. By accurately describing the composition and objective signs of an unlawful act, the state guarantees the protection of citizens from unreasonable prosecution.

Relapse

The repeated commission of an administrative offense in a state of punishment before the expiration of the term for involvement may result in the use of more severe penalties. These include large monetary sanctions, arrest, and in some cases criminal punishment. administrative fine

Penalty Classification

The types of punishments are defined in Art. 3.2 CAO. In accordance with the provisions of this article, administrative violations may entail:

  • A warning. It is a written censure issued by an officially administered body. The form in which the warning is expressed is established by regulatory enactments.
  • Fine. For administrative violation, a pecuniary penalty may be imposed. Its size is established in the normative act characterizing a particular crime.
  • Seizure of an implement or subject of violation. A thing seized by force shall be realized. The proceeds from its sale of funds are returned to the owner minus the costs associated with the sale. This provision was valid in the previous edition of the Code of Administrative Offenses. In connection with the cancellation of Art. 3.6 the requirement does not apply today
  • Confiscation. This punishment is similar to that described above, but without payment of compensation.
  • Deprivation of a citizen of one or another right that was granted to him (driving, for example).
  • Arrest. This measure of administrative coercion involves isolation of the offender from society for a period of up to 15 days. For criminal behavior under the conditions of an emergency or in the area of ​​counter-terrorism measures - up to 30 days.
  • Expulsion from the state. This penalty applies to foreign nationals and stateless persons.
  • Disqualification. This punishment implies a prohibition to an individual to occupy a managerial position in the legal entity’s executive structure, to be a member of the board of directors (supervisory board), to carry out commercial activities related to administration.
  • The ban on attending official sports events during their holding. This provision was introduced by the Federal Law No. 192, which entered into force on the end of January 2014.
  • Administrative interruption of business.


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