An administrative offense is gaining momentum as the society progresses more and more progressively and in many different spheres of activity. The law, in turn, is also developing and seeks to take into account the maximum number of possible violations of another's law and fix the punishment for their commission. It is worth noting that in the Russian reality, the practice of applying administrative responsibility after the 80s of the last century has become especially active. And since then its role has increased significantly and continues to grow. The emergence of an independent competitive business entailed an increase in the number of offenses insufficient for criminal justification.
Key Terms
To begin with, it is necessary to indicate what an administrative offense is. First of all, it is worth noting that in the legal field this is not a crime, since it does not entail significant harm to specific people or society related to life or health, as well as serious property theft. These violations do not constitute a danger in the sense that the criminal code implies. At the same time, a number of offenses, such as theft or copyright infringement, can be in both areas of responsibility - both criminal and administrative.
Thus, administrative responsibility is the obligation of the violator to incur penalties imposed by the relevant authority. In addition, sanctions also apply. administrative arrest. It applies to both individuals and legal entities. The age of administrative responsibility for individuals comes from 16 years.
Characteristics of Administrative Responsibility
From a legal point of view, this is a type of legal liability, therefore, it is characterized by signs of general jurisdiction and features peculiar only to it. Administrative legal responsibility is also a measure of state influence. It comes as a result of committed wrongful acts. Its senders are officials and bodies competent in law enforcement practice. It is expressed in the imposition of penalties strictly defined by law.
Distinctive features
Administrative law is an independent institution that has its own autonomous regulatory framework, which differs from a similar base of other types of legal responsibility. The whole complex of the legal framework characteristic of this institution is enshrined in law and formed in the Code of Administrative Responsibility. The basis for its application is the commission of an appropriate act. Both private and legal entities fall under its jurisdiction.
The sanctions that the offense entails are called administrative penalties. Penalties can be imposed by a wide range of representatives of the executive and judicial branches, as well as by local authorities. At the same time, officials cannot impose penalties on their subordinates. Administrative violation does not entail a criminal record and cannot be the reason for depriving a workplace. Punishment lasts a strictly established period of time.The process of considering such cases, as well as the imposition of appropriate sanctions are regulated by the legislative framework of administrative law and have a certain order.
Grounds for attraction under the Code of Administrative Offenses
The basis of administrative responsibility is primarily the law. Also, they are decrees of the highest official of the state, i.e. the president. No other regulatory documents, such as decrees or decrees, have such legal force. The participation of local governments in this process does not contradict the described concept, which carries a general legal basis. The unconditional basis of administrative responsibility is the commission of a misconduct, the punishment for which is provided for in the articles of the Code of Administrative Offenses of the Russian Federation. It is this fact that drives the whole institution of administrative law.
The concept and grounds of administrative responsibility in the Russian legal field were first systematized only in 1980, when the "Basics of the legislation of the USSR and the Union republics on administrative offenses" were adopted. Thus, an offense committed in the administrative field is an act directed against the state or public order, the rights and freedoms of the individual, property, management order. This definition reflects common features that unite all offenses. Those are: guilt, punishment, wrongfulness and public danger. It is fundamentally important to note that the basis of administrative responsibility occurs only if all five signs are present. The absence of at least one excludes the possibility of law enforcement practice.
The imputed administrative responsibility, articles about which are collected in the Code of Administrative Offenses, implies both actions and inaction. Most of the offenses are a direct act, for example, violations of traffic rules. Inaction may include, for example, failure to take security measures. All this is summarized by the term "act" in which a person must be found guilty. This is a prerequisite, which formed the basis of administrative responsibility. It is worth noting that the fact that the need for proving guilty lies precisely with the authorized bodies is also extremely important. Moreover, a person under suspicion is not required to prove his innocence.
When determining the degree of violation, circumstances aggravating or mitigating the measure of punishment are also taken into account. The former include, for example, the commission of an offense for which sanctions have already been imposed for one year or the continuation of the same behavior, despite the order to stop it (for example, driving while intoxicated). To mitigate the punishment can complete repentance for the deed or the prevention of harmful consequences.
Also, the basis of administrative responsibility is such misconduct that can be qualified as an administrative or a disciplinary offense. For example, a personnel officer who issued an employee for an enterprise with a violation committed a disciplinary offense. At the same time, this act, which falls under the jurisdiction of the supervisory authority protecting labor legislation, qualifies as an administrative offense for which a fine may be imposed.
Top Five Tags
Wrongfulness involves the commission of acts that violate the applicable standards (in this case, administrative law). This is also true for other branches of law. It is worth noting that not every illegal action should be called an offense, while absolutely any offense must be illegal.
An extremely important sign is social danger. The current law has different systems of views on this issue. Some, relying on the fact that the aspect of an administrative offense, expressed in an encroachment on public or state order, poses a threat, consider public danger an important sign, although there is no direct indication of it in the definition of an act. Others believe that this attribute is characteristic only of crimes.
Guilty is also a direct element of the administrative offense. Actions may qualify as committed intentionally or through negligence. The first is petty hooliganism, theft and so on, to the second - violation of the rules of construction, traffic and others.
Punishment is characterized by the fact that an act or misconduct may be recognized as an administrative offense, if their commission involves bringing a person to administrative responsibility. It follows from this that an act can be recognized as an offense only if there is a decision to hold accountable. The combination of these features is the main reason for bringing to administrative responsibility.
Differences between misconduct and crime
The procedure for bringing to administrative responsibility begins with the main task - to establish the composition of a specific offense and its difference from other types of offenses. The difficulty in distinguishing is due to the fact that they are all endowed with common features, namely: they represent a danger or harm, and also violate legal norms. However, there are extremely important differences. The degree of public danger delimits acts of misconduct and crime. The latter is regulated by the criminal code. An act is an offense, the liability for which is provided for by administrative and other types of law. Moreover, it must be distinguished from misconduct of a disciplinary nature. The latter involve violation of labor or military discipline, non-compliance with obligations to a specific team. And one more nuance: if they are described in legal norms, then only in general terms.
Disciplinary sanctions are applied as punishment, which differ in legal consequences and the composition of those who can apply them. The decision on recovery is taken only by the management of the organization where the offender works. There are certain types of violations that fall under both jurisdictions: both disciplinary and administrative. An example is drinking alcohol in the workplace. A convicted person carries two types of liability.
Release options
The grounds for exemption from administrative responsibility are prescribed in the Code of Administrative Offenses as a separate article. Here are all the circumstances under which the proceedings are impossible.
The first such reason is the absence of an offense event, that is, the fact of its commission has not been proved. In this case, either in the actions there were no signs of unlawfulness, or it was not possible to establish them. The next reason is the lack of corpus delicti. Persons who have not reached the appropriate age for recovery, and those who are recognized as insane at the time of the commission of an illegal act are not held accountable.
Proven urgent need committed actions can also serve as a reason for refusal to attract. As a rule, a case cannot be opened, and if this has already happened, then it must be dismissed. In this case, the fact of the deed is established, but there is no composition that the Code defines as unlawful or guilty.
If a decision is made on an amnesty, liability can also be avoided.In Russia, the State Duma has the exclusive right to declare amnesty and publish the corresponding act. Addressees - individually indefinite circle of guilty persons.
It also happens that a law, the violation of which entails administrative responsibility, ceases to apply. Then the collection is also canceled. What does it mean? Since the application of measures of influence within the framework of administrative law implies the restriction of rights and freedoms, the Constitution of Russia provides that if any law is repealed, then the punishment for its violation must be removed. However, it is worth noting that the last time the CAO was subjected to such cancellations in 1984, when four articles of the Code immediately ceased to be in force.
Significant are the grounds for exemption from administrative responsibility, such as the expiration of the statute of limitations for a specific offense. The Code provides that judges of arbitration courts that deal with such cases are required to check the statute of limitations. In this case, the circumstances under which these terms could be suspended and the procedure for their suspension should be taken into account. There is one caveat. According to the law, missed statutes of limitations cannot be restored. If the court finds that the period of administrative responsibility has been missed, it can either refuse to satisfy the claim for recovery, or recognize such a claim as unlawful.
According to the Code of Administrative Offenses, a citizen cannot be brought to commit the same act twice. For example, if the offender has already been brought to administrative responsibility for certain actions, or the case is being prosecuted, or there is a decision to institute criminal proceedings on the fact of these same actions, they can no longer be punished with the same episode.
Of course, the unconditional basis for exemption from liability is the death of the one under investigation. If at least one of these circumstances is established during the proceedings, a decision shall be made to close the proceedings.
Procedure for holding liable
Russian law provides for a clear procedure for bringing violators to administrative responsibility. Punishments are imposed within the framework established by law. Persons over 16 years of age may be held liable. When imposing sanctions, the nature of the violation is established.
Important in the production is the identification of the suspect, his property status, as well as the identification of circumstances that can mitigate guilt. It is worth noting that circumstances that are not included in the list of the Code can be recognized as extenuating. However, comprehensive evidence must be presented for this. If the arguments presented were not taken into account when deciding on the punishment, the perpetrator may appeal this document legally.
Appeal options
The Code provides a procedure for appealing against decisions on bringing to administrative responsibility that have not entered into legal force. What is this about? As you know, the appeal period is one month. The document may be appealed directly to those in respect of which the proceedings are being conducted, or their representatives and defense counsel, as well as the injured party or its representatives. In addition, the official who drafted the protocol can apply with this claim to a higher judicial authority.
If the decision was made in court, then the claim for its cancellation must be filed with a higher court. When making a decision by a collegial body, it is necessary to apply to the district court at the location of this body.If the decision was made by an authorized official, the document is subject to appeal to a higher authority or to a district court at the place of consideration of the case. Decisions to prosecute legal entities or individual entrepreneurs are appealed only in arbitration courts.
Types of Administrative Punishment
The consequence of the commission of any offense is bringing to administrative responsibility. The Code of Administrative Offenses provides for different methods of collecting for the deed. The most harmless is a warning. This is an official document, which reflects a negative assessment by the state of the behavior of the perpetrator. Also, this is a kind of warning against such actions in the future. As a rule, a warning is issued to those who have committed an illegal act for the first time.
The most common punishment is a fine. According to the Code of Administrative Offenses, its minimum amount is a one-time payment of the amount, which cannot be less than one tenth of the minimum wage (minimum wage), and the maximum - no more than 25 minimum wages for citizens, no more than 50 minimum wages for officials, no more than one thousand minimum wages for legal persons.
The punishment is also the seizure or confiscation of the instrument or object of the offense. These types of preventive measures are appointed by the judge. Due to a violation of the law, the violator may be sentenced to deprivation of a special right for a certain time. What is meant? Under such type of law This includes, for example, a driver’s license, the right to hunt, the right to occupy certain positions, and others.
The most serious punishment is administrative arrest. This sanction involves the isolation of the offender from society for a short time. The maximum time spent in custody is 15 days. If the requirements of the state of emergency or counter-terrorism operations are violated, the stay in the isolation ward will be a month. This punishment is applied only if the basis of administrative responsibility in its sense borders on a crime. At the same time, pregnant women, women whose children are under 14 years of age, minors, and persons with disabilities of the first and second groups are not subject to arrest.
Administrative expulsion from the country can also be applied to stateless violators or foreigners. Violators are forcibly and under vigilant control of the relevant authorities leave the borders of the Russian Federation.
Citizens may also be disqualified or suspended their professional activities. The first applies to top managers, ipeshnikov and arbitration managers. It is assumed that for a period of six months to three years, these persons are prohibited from holding certain managerial positions or conducting entrepreneurial activities.
Suspension is a relatively new punishment that was introduced in the Russian Administrative Code in 2005. The sanction is applied if there is a threat to the life or health of people, the danger of an epidemic, etc., as well as if there is opposition in the field of money laundering and terrorist financing.
