The basic principles of administrative responsibility include:
- The principle of legality. A citizen who is brought to administrative responsibility should not be subjected to punishment and appropriate measures to ensure the proceedings of this offense, outside the order and grounds established at the legislative level.
- Individualization of responsibility (you need to study all the factors that are determined by law, without stereotypes and patterns).
- Responsibility of a legal entity only for its own actions.
- Responsibility comes only for acts when guilt is proved. The subject is given administrative responsibility for the offenses; otherwise, punishment is not allowed.
- The principle of justice, which consists in the fact that the punishment must be proportionate to the offense.
- The principle of expediency, which implies compliance with the tasks of administrative responsibility of the selected measure of legal impact.
- The principle of humanism, that is, measures of responsibility should be applied without humiliating a person’s dignity, his honor, other natural freedoms and rights of a citizen of the country.
- The principle of the presumption of innocence. A citizen is subject to administrative liability only for those offenses in relation to which his guilt has been established. He is innocent until such time as his guilt is supported by evidence in the manner provided for in the Code of Administrative Offenses, and determined by law to be determined by a judge, official, or body that examined the case. A citizen brought to administrative responsibility should not prove his own innocence. If there are fatal doubts about his guilt, then they should be construed in favor of this citizen.
- The principle of timeliness, which consists in the fact that the responsibility for an administrative offense should be determined as soon as possible.
The principles of administrative responsibility were considered by us above. Next, we dwell on the nuances of this topic.
Drawing up a protocol on an administrative offense: terms
In accordance with the requirements defined in article 28.5 of the Code of Administrative Offenses of the Pension Fund, a protocol on an administrative offense must be drawn up immediately after its commission has been revealed. If, however, additional determination of the circumstances of the case or information on the legal or natural person, in respect of which it is planned to institute proceedings on an administrative offense, is required, then a protocol on it is drawn up within two days after the fact of its commission was established. In the situation of an administrative investigation, this protocol should be drawn up in a timely manner after the end of the process.
Signs of administrative responsibility occur when an offense is committed.
What is the statute of limitations for administrative offenses
Although the fact of violation of the current law has already been committed, the offender has the opportunity to avoid the corresponding consequences in the form of punishment if the statute of limitations for bringing a citizen to administrative responsibility passes.In principle, it is impossible to issue a decision on bringing to justice and then punish the perpetrator if the time limit for bringing a person to civil liability was exceeded.
In accordance with Art. 4.5., Paragraph 1, the Code of Administrative Offenses of the Russian Federation in the vast majority of cases, the statute of limitations for administrative offenses is two months, and for cases parsed in court, three months. Signs of administrative responsibility become apparent when an offense with its own characteristics occurs. This act has an antisocial character, is characterized by unlawfulness.
In relation to the extensive list of acts, the period of bringing to administrative responsibility proceeds from the prescription of the offense and is equal to one year. This is due to objective conditions for the detection of harmful consequences from a certain offense. These are cases where the directly illegal act and the harm caused by it are scattered in time. For example, pollution of a reservoir by emissions occurred at a certain moment, and its consequences in the form of environmental damage appeared only after two months.
What offenses are part of the administrative group
It includes offenses in the field of:
- currency legislation;
- patent law;
- consumer protection;
- antitrust laws;
- activities of limited liability companies and joint-stock companies;
- participation in shared construction of houses;
- labor law.
The period of bringing to administrative responsibility for violation of budget and customs legislation is two years. If the legislation was violated in the field of political parties, then three years. In violation of the law on combating terrorism and corruption - six years.
On what grounds is exemption from liability
The basis for the application of administrative responsibility is the subjective wrongful act. What in the opposite case?
If there are no negative consequences for the offender, then in practice this happens due to the following situations:
- when it comes to the exclusion of the phenomenon of administrative liability, in the case of signs of an act;
- when the offense is recognized as committed, but the perpetrator cannot be held accountable.
Cases of cancellation of liability
The following situations are noted in the Code of Administrative Offenses, on the basis of which a citizen can be exempted from administrative responsibility in principle - this is a replacement with another punishment, insignificance, insanity, and others.
The exemption is connected to a certain extent with the fact that the state apparatus has a need to economically spend coercive means. The main task of the law enforcement agency is to correctly establish the content of the subjective and objective sides of the offense, as well as identify aggravating and mitigating circumstances.
What is meant by insignificance?
Thanks to the Code of Administrative Offenses of the Russian Federation, the court, the official and the body that make up the decision on bringing to administrative responsibility have the right to recognize an act committed by a citizen as insignificant with some signs.
In most cases, the decision of the Supreme Court is authoritative for officials. An insignificant offense is understood to mean such an act, gravity, amount of harm and the nature of which does not constitute a strong threat to normal social functioning. Moreover, the property status and personal motives of a person are not taken into account. The court, acting in this case as the final instance, has the right to change the decision of another body, canceling the decision or declaring it illegal.Thus, at the legislative level, insignificance is not precisely defined, and this helps the authorized body to be more democratic, but at the same time it gives the opportunity for the appearance of abuses, due to which, even with unacceptable factors, an exemption from administrative responsibility is carried out.
Commutation of punishment
When exempting from administrative responsibility in connection with insignificance, a verbal remark relating to measures is applied to the citizen. It is intended to inform him of the inadmissibility of such behavior in the future. He does not have a written expression, and it can be taken out at any stage of administrative proceedings. Replacement is also carried out in situations where we are talking about the military (since a soldier should be held accountable as disciplinary), minors. Most often, this refers to misconduct committed for the first time. The innovation represents the latest changes that relate to the mitigation of punishments for representatives of medium and small businesses for those offenses that were identified in the process of state inspections. In this case, instead of a fine, a warning may be used as a tool of coercion.
Release of minors from punishment
The administrative responsibility of persons under the age of majority is a special case. I must say that citizens from sixteen to eighteen are already subjects of administrative responsibility. The court can replace the punishment with an oral reprimand based on the personality characteristics of the offender. A similar verdict is passed by the commission on juvenile affairs. In addition, the list of measures is determined by the Federal Law "On the prevention of child neglect and juvenile delinquency."
With the concept, goals of administrative responsibility, we figured out. They touched on the principles and terms of the phenomenon under consideration. What can be added?
Special varieties
Special types are those cases when certain groups of citizens are involved (for example, minors or military personnel), as well as the contents of the special part, where the procedure for exemption from administrative responsibility is directly established.
Citizens who are called up for military training and military personnel may not be held liable if the established disciplinary act applies.
Bodies bringing to administrative responsibility are administrative-executive, public and judicial instances.