Administrative law is one of the branches of law that regulates public relations in the management sphere of various bodies: public and private. When considering the concept distinguish the subject, subject and object of an administrative offense, the subjective, objective side, respectively, use certain methods of protection. But first things first.
The essence of administrative law
From a scientific point of view, an administrative offense is a branch of jurisprudence that considers systems of administrative and state-administrative ideas, views, ideas about laws in the field of management, about the social effectiveness of the bill, reform trends and development prospects. So, we can distinguish the following sub-sectors of administrative law:
- Classification and structuring of laws on public administration.
- Consideration of social conditioning and the effectiveness of bills.
- Studying the laws of reforming managerial legislation.
- Making plans for development prospects.
- The study of the history of occurrence and fundamental principles.
The last point requires special attention. Only on the basis of a study of historical sources can one figure out the possibility of future prospects and prevent mistakes in the preparation of new bills. As G. Hegel said: "History tends to repeat itself," and very often what is happening now has analogues in the past. For this reason, the study of the primary sources of administrative law is necessary to carry out reforms and forecast development prospects.
The legislative framework
Regulation of administrative law is carried out at three levels: federal, regional and municipal.
Federal level
- Constitution of the Russian Federation and decisions of the Constitutional Court.
- Administrative Code of the Russian Federation (Code of Administrative Offenses).
- Decrees of the President and Government of the Russian Federation, chambers of the Federal Assembly.
- Other regulatory acts of federal executive bodies.
Regional level
- Charters and laws of constituent entities of the Russian Federation.
- Decisions of the constitutional courts of the subjects.
- Normative acts of the highest officials, legislative and executive bodies of power of subjects.
Municipal level
- Charters of municipalities.
- Normative acts of the administration, the head of the municipality and representative bodies.
Consideration of a case of an administrative offense may be undertaken in an arbitration court (at the regional and municipal levels) or in the Supreme Arbitration Court (at the federal and regional levels).
The subject, object and subject of administrative law
The subject (general object) of administrative law is public relations arising as a result of the implementation of executive power. Do not confuse with the subject of abuse - a thing directly related to the crime, for example, in bribery, the subject is the bribe itself.
There are three types of administrative offenses:
- A generic object is part of a common object. The division of an object’s activity is most often taken as the division criterion: industrial, transport, agricultural, etc. or the components of public relations: maintaining public order, the right of citizens to managerial activities.A specific part of the Code of Administrative Offenses is associated with the concept of a generic object.
- A species object is a generic sub-industry. A general group of public relations in a particular chapter. Such a system allows a more detailed look at the types of social relations and offenses.
- An immediate object - a species object in a narrower sense - is a specific branch of public relations.
The main features of the object of an administrative offense are protection in accordance with the Administrative Code (CAO) and attitude to the rights of citizens. For example, the object of the law on freedom of religion is human rights.
The direct object of an administrative offense is the part that causes damage during the violation. In bribery, this is the normal financial functioning of the organization, as well as the legitimate interests and rights of citizens, because bribery is carried out to incite a larger violation.
Species and immediate objects are the main structural components of an administrative offense.
Parties to the offense
When considering the object of an administrative offense, such a design is used as the objective side - the offense and the consequences of it. Moreover, there is a significant difference between the wrongful act and action:
- An act is a conscious concrete action or inaction that has caused harm to society.
- Action is the conscious behavior of the subject, resulting in a violation of social relations.
An act may be a one-time, collective (consists of identical actions) or lasting (entails a prolonged non-performance of duties).
Consideration of a case of an administrative offense is subject not only to actions that violate the rights of citizens, but also to inaction, as a result of which human rights have been violated (the so-called harmful consequences) or environmental damage has been caused.
The violation case contains the following points: the illegal action itself, its consequence and the logical connection between them. The subject and object of an administrative offense are clarified after the analysis of each item.
Formal and material consequences
The composition of an administrative crime implies two possible consequences. If the offense did not entail material consequences, then it is called formal. Moreover, it is administrative offenses (in contrast to crimes) that have a formal composition. An example of such a violation is the excess of speed by the driver (Art. 12.9 of the Code of Administrative Offenses), but if an accident occurs due to excess, then the case should be considered from a material point of view.
Material consequence - the obligatory occurrence of harmful circumstances in connection with an offense. Moreover, circumstances must first occur, and only then be regarded as material damage. For example, violation of fire safety in a building: lack of an evacuation plan or fire extinguishers. If this situation has not yet caused a fire or death in the building, then the Code of Administrative Offenses, in accordance with Art. 20.4 h. 1 and 2, considers the action from a formal point of view. If entailed - then material.
Fundamental Principles of Administrative Law
Before considering examples of administrative offenses, it is necessary to understand how punishments differ in different cases or methods of administrative law:
- An order is a requirement to be present in a certain place or to perform certain actions that do not entail legal consequences.
- Prohibition - a veto on certain actions under pain of applying appropriate penalties - disciplinary or administrative penalties;
- Permission - providing options for the selection of behavior in a particular situation.
In addition, the authorization considers the provision of opportunities to act or not act in specific situations prescribed by administrative law. For example, a citizen can independently decide whether the unlawful actions of an official are subject to appeal. This moment is important in the implementation of the subjective rights of residents of the Russian Federation.
Examples of offenses
An example of objects of administrative offenses is the destruction of pasture or reclamation lands, the destruction of animal habitats. In this case, the subject of the offense is its own object, since the violation itself is openly material in nature.
But this is a completely clear crime. In most cases, administrative offenses bring disruption to the work of any state body or private company, which entails a violation of public relations. For example, violation of the rules of passage of intersections, which entails a sharp braking of another driver and violates traffic on the road.
Examples of administrative offense
The most common example is petty hooliganism (Art. 20.1). Its definition is extremely streamlined: it is expressed in open hostility to society with a violation of public order. The composition usually includes obscene language addressed to a person or group of persons, harassment of other citizens and damage to private property.
Art. 15 of the Code of the Volgograd Region establishes strict liability for failure to appear without good reason for regular honey. examination of patients with HIV infection, tuberculosis or other sexually transmitted infections.
Art. 5.26 on discrimination - violation of the freedom and natural rights of a person and a citizen because of his religion, color, sex, race, etc. In some cases, this violation takes place together with petty hooliganism.
Art. 14.1 states the conduct of illegal business activities. Any activity related to business in the territory of the Russian Federation must be legally formalized and regulated. The article considers several points: activities without registration, without a license (if it is mandatory), in violation of the rules for conducting activities (separately - with a gross violation of activities). It is worth noting that a gross offense is established by the judge themselves on the basis of an analysis of the protocol.
Art. 19.1 on arbitrariness - an unauthorized decision on the procedure for exercising its actual or imaginary (alleged) right, if it was not followed by significant damage to individuals and legal entities.
Chapter 25 discusses the work of the authorities to establish administrative offenses and the persons involved in the process: the prosecutor, witnesses, the victim, counsel, defendant, etc.
In addition to open violations, the code provides for punishment for violation of the deadlines for submitting applications, appeal, and the provision of certain information to state and other bodies. This is an open example of inaction resulting in an offense.
How is the trial going?
Consideration of a case of an administrative offense, unlike a criminal one, can take place without the presence of a person. The review procedure is spelled out in article 29.7 of the Administrative Code of the Russian Federation:
- The judge is announced, the case itself and the relevant law.
- The fact of appearance or non-appearance of an individual is confirmed.
- The rights and obligations of the participants in the case are explained.
- A verdict on the consideration of the case by subordinate bodies is issued.
- Drawing up an administrative protocol.
Deferral of consideration is possible in the following cases: mandatory appearance of the violator, involvement of a specialist in a certain field, statement of the judge on challenge.
The nuances of administrative offenses
During the consideration of an administrative case, the protocol is carefully studied. The nature of the crime is revealed from it: intentional or committed through negligence.These factors contribute significantly to some issues. For example, Art. 5.14 speaks only of intentional destruction or damage to private materials. If the action was committed through negligence, the citizen is not subject to administrative responsibility.
In administrative records, judges pay attention to such words as: obstruction, concealment, evasion, knowingly false (testimony). But this is only part of the analysis. A full conclusion can be made only on the basis of a complete study of the corpus delicti.
When considering the objective side of a crime, a judge uses such concepts as: time, place, nature and method of crime, as well as repetition, systematicity, maliciousness and repetition. Moreover, homogeneous crimes are considered repeated, and systematic crimes committed several times during the year.
Thus, the concept of the object of an administrative offense, knowledge of the basic legislative principles is necessary to regulate their own actions in society. Of course, it is impossible to learn the entire code, but many of the points may never concern a person, for example, the clause on mandatory attendance at the military registration and enlistment office after reaching a certain age is valid only for the male part of the population.