The subject of proof in the case of an administrative offense...

9.6. The subject of proof in the case of an administrative offense

9.6.1. Establishment of a suspect person. Fixation of circumstances to be clarified in the case

The subject of proof in the case of an administrative offense is the qualification of the wrongful act, as well as the establishment of social and legal prerequisites for its commission.

The qualification of an administrative offense (hereinafter referred to as qualification) is understood as clarifying the circumstances relevant to the resolution of a case of the specified offense (see Article 26.1 of the Code of Administrative Offenses). Qualification is a kind of public procedural actions carried out by authorized officials in preparing a case on an administrative offense for consideration.

The initial procedural action in the qualification is the establishment of an event of an administrative offense - the identification of the damage caused to them (property damage, physical (corporal), moral or reputational harm) and other socially dangerous consequences of misconduct.

Detection of damage is necessary in the qualification of the so-called material formulations of administrative offenses, in these cases, the disposition or hypothesis of the relevant rule of law indicates the harmfulness of the offense as a necessary condition for its qualification.

In the qualification of most administrative violations, socially dangerous consequences are expressed in non-material form; in these cases the identification of a wrongful act, i.e. the establishment of the fact of violation of norms and rules (sanitary rules, rules and conditions of licensing, etc.), indicates the commission of an offense.

Establishing an event of an administrative offense means not only revealing its socially dangerous consequences, but also their procedural confirmation by the testimony of the victim, witnesses, material and other evidence.

The necessary prerequisites for the qualification of an administrative offense include the establishment of a natural or legal person suspected of committing it (see paragraph 2 of Article 26.1 of the Code of Administrative Offenses). The guilt of a person in committing an offense must be confirmed or refuted by a judge or other authorized official when collecting evidence, assessing them, while carrying out other procedural actions that precede the consideration of evidence by a person authorized to issue an administrative punishment order.

The establishment of a suspect does not mean his physical presence in the proceedings, but, at any rate, such a person must be identified and the cause-effect relationship of the suspect's actions (inaction) with the socially dangerous consequences of the misconduct must be confirmed, but in most cases the judge or other person considering the case of an administrative offense, the presence of a suspect in the course of a case may be recognized as binding (see Part 3, Article 25.1 of the Code of Administrative Offenses).

Circumstances subject to clarification in the case of an administrative offense, established p. 1-5 Art. 26.1 of the Code of Administrative Offenses, along with them, other (optional) circumstances that are important for the correct resolution of the case (paragraph 7 of Article 26.1 of the Code of Administrative Offenses) may be identified.

Events and facts attributable to optional circumstances are established by the official reviewing the case, they can be identified only in this case and are not taken into account when considering other cases of administrative violations. To such circumstances, in particular, is the presence of

the suspected physical person has immunity from administrative responsibility (see Part 2, Article 1.4, Article 2.6 of the Code of Administrative Offenses). Optional circumstances can be established directly upon initiation of a case, for example, when qualifying a minor misconduct or when considering a case of compensation for property damage caused by an administrative violation in the absence of an appropriate dispute.

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