Identification of social and legal preconditions of...

9.6.2. Identification of the social and legal preconditions of the act

For the purposes of qualifying an administrative offense, it is necessary to establish the prerequisites of the act, i.e. reasons and conditions for committing an administrative misdemeanor (see clause 26.1 of the Code of Administrative Offenses).

Administrative offense is always due to social and legal prerequisites, the establishment of which is necessary not only to properly resolve the case, but also to achieve preventive goals to minimize socially dangerous consequences of the act and prevent its recurrence.

When establishing the social preconditions of the act, the public status of the offender, his property status, attitude to labor or creative (creative) activity are taken into account, when it is necessary for the qualification of the offense.

The social preconditions of the act include subjective circumstances that reflect the individual psychological motivation of the actions (inaction) of the offender.

A misdemeanor can be a reaction of the violator to a difficult financial situation conditioned by socio-political and economic preconditions (for example, in cases of non-payment of wages related to a deficit in budget funds, the liquidation of a town-forming enterprise or a change in its organizational and legal form). These social factors are caused by the adverse consequences of the implementation of state economic policy, the offender is not able to prevent their offensive, his unlawful actions in these cases are forced, positive.

The worsening of the financial situation may be caused by the person's asocial behavior, for example, the termination of work, the abuse of alcohol - in these cases the negative consequences of lumpenization are due to the deliberate actions of the offender.

The legal preconditions for an administrative offense reflect the initiating role of law in the regulation of public relations. The entry into force of federal laws that establish additional duties of citizens in the sphere of entrepreneurial activity (ie, restricting their rights) creates negative consequences: a person, trying to maintain his commercial potential, ignores the established responsibilities. An illegal act in this case is conditioned by restrictions on the property status of citizens, which may be temporary (for example, when introducing a special administrative emergency rule) or unlimited (when the duration of the established restrictions is not defined by federal law).

Thus, to identify the causes and conditions of an administrative offense, within the meaning of Part 7 of Art. 26.1 of the Administrative Code, it is necessary to establish the social and legal preconditions of the act, regardless of whether they are positive or negative.

The reasons for the commission of an act are understood as subjective circumstances reflecting the person's psychological reaction, his ideological foundations and objective circumstances related to public activity of state bodies and not dependent on the will of people obliged to fulfill legitimate demands of officials.

The conditions for committing an administrative offense include the factors that were the immediate cause of the act, prompted a person to violate the statutory right or not to fulfill the duty. When qualifying the reasons, the conditions of the act, it is necessary to establish a causal relationship between the commission of a misdemeanor and its prerequisites.

The public function of the qualification of the preconditions of the act is concluded in the preventive activity of law enforcement bodies, which are responsible for identifying the causes, conditions for the offense (see article 29.13 of the Code of Administrative Offenses). State and other bodies, institutions, organizations, their officials are obliged to execute the representation of the law enforcement agency addressed to them on elimination of the reasons and conditions for the commission of an administrative offense (failure to perform this duty or its improper performance is qualified according to article 19.6 of the Code of Administrative Offenses).

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