Concept and signs of an administrative offense
The implementation of administrative responsibility for various violations of the law enforcement bodies is possible only if there are appropriate grounds. The basis for the application of measures of administrative responsibility is an administrative offense. Thus, the fundamental definition contained in the Administrative Code of the United States is the definition of an administrative offense.An administrative offense recognizes an unlawful, guilty act (omission) of an individual or legal entity for which the Administrative Offenses of the United States or the laws of the United States of America on administrative offenses establish administrative responsibility (Article 2.1 of the Administrative Code of the Russian Federation).
The analysis of the above definition allows us to distinguish common features inherent in all administrative offenses that distinguish them from lawful behavior, as well as from other offenses (crimes, disciplinary offenses, civil torts).
Among such signs include administrative unlawfulness, administrative punishability, guilt.
Only such behavior, which is prohibited by the rules of administrative law, can be recognized as an administrative offense. contradicts the prescriptions contained therein. If the public danger is a quality objectively inherent in certain acts, then their illegality is established by the legislator in the norms prohibiting the commission of such acts. The public danger of the act does not mean its obligatory illegality, since the legislator, unfortunately, does not always react promptly to the existence of socially dangerous acts by establishing a legal prohibition on their commission.
An inalienable sign of an administrative offense is administrative punishability. A socially dangerous act prohibited by law is recognized as an administrative offense only if administrative liability is provided for the commission.
The guilty of the committed act is an obligatory sign of an administrative offense. Wine expresses a person's mental attitude toward the deed and its consequences.
For the recognition of an act of an administrative offense, it must be established that it was the product of the mental activity of a sensible person. Thus, a socially dangerous, unlawful and administratively punishable act (action or inaction) committed in addition to the will of a person, i.e., can not be assessed as an administrative offense. a person incapable of directing their actions, to give them an account.
Any administrative offense is characterized by the presence of a set of said features. The absence of any of them means that the act in question is not an administrative offense. In such a case, it can be recognized as either lawful behavior or another offense.
Delineation of administrative offenses from other offenses is one of the primary and important tasks of the law enforcer (body or official). The complexity of solving this problem is due to the presence of a number of features inherent in all types of unlawful acts, since all of them are dangerous for the individual, society and the state. Each of them violates the prescriptions contained in the legal norms. However, they differ in terms of other features specified in the legislation.
According to the main material sign - degree of public danger - all offenses are divided into crimes and administrative offenses, disciplinary offenses and civil torts.
Crime, unlike an administrative offense, has a higher degree of public danger, which is determined by the object of encroachment, the nature of the act, the way it was committed, the resulting consequences, motive, purpose, guilt, legal characteristics of the person who committed the act,
Meanwhile, the formal sign that is the basis for distinguishing between a crime and an administrative offense is the nature of their unlawfulness and punishability.
A committed publicly dangerous act, which is prohibited by the US Criminal Code under threat of punishment, is convicted of crime . Administrative offense , as we already noted above, is an unlawful, guilty act (omission) of an individual or legal entity for which the Administrative Code of the USA or the laws of the United States of administrative offenses establish administrative responsibility.
Administrative offenses should be distinguished from other non-criminal offenses, primarily from disciplinary offenses . Administrative violations and disciplinary offenses on the degree of public danger do not differ significantly. The difference between them is revealed in the analysis of the nature of social relations, to which harm is caused as a result of their commission. Disciplinary offenses impinge on the internal routine established at specific enterprises or institutions, on the relations of official discipline. The specified relations by objects of administrative offenses, as a general rule, are not.
Administrative offenses - acts (actions or omissions) provided by the rules of administrative law, containing a description of their most important legal characteristics. Disciplinary offenses only in the most general form are defined in the norms of labor and administrative law. Description of specific signs of such acts these norms do not contain.
In addition, an administrative offense consists in the violation of generally binding norms that regulate the behavior of all persons, regardless of their belonging to an organization or a work collective: a disciplinary offense is a person's failure to fulfill the duties that are assigned to him as an employee of a certain organization, enterprise. Disciplinary misdemeanor is connected with the person's failure to fulfill his official duties, violation of the norms regulating the relations within the work collective, and entails the application of disciplinary measures imposed by the higher-up by subordination body or official.
Unlike administrative offenses, disciplinary offenses entail disciplinary actions against persons who committed them. From administrative penalties disciplinary are characterized by the nature of the deprivations contained in them, the legal consequences of their application, the order of regulatory regulation, and the circle of subjects entitled to apply them.
In exercising administrative jurisdiction, police officers should be aware that administrative offenses differ in some respects from civil torts. The circle of social relations, to which the latter encroach, is fixed in Art. 2 of the US Civil Code. Civil law delict is a violation of the subjective rights of a person (physical or legal), and an administrative offense, as a rule, also constitutes a violation of the subjective right of a person. Civil-law delict - an act that violates the requirements contained in the norms of civil law, while an administrative offense is an act that violates the norms of administrative law. Civil-law tort, in some cases, an innocent act is recognized, while guilt is an inherent property of an administrative offense.
The execution of a civil law breach entails liability provided for by civil law, and this responsibility is usually of a property nature. Administrative offense - an act for which administrative liability is provided, administrative punishments consisting both in property (for example, administrative fine) and in non-property restrictions of the offender (in particular, compulsory work for up to 40 hours (Article 20.2 of the Administrative Code of the Russian Federation)) .
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