Legal encyclopedia. The letter a

ADMINISTRATIVE RESPONSIBILITY

Is an administrative coercion in the form of an application by an authorized body (official) of an administrative penalty against a person who committed an administrative offense.

AO is one of the types of legal responsibility established by the state by issuing legal norms that determine the grounds for liability, measures that can be applied to violators, the procedure for dealing with cases of offenses and the implementation of this measure.

It is characterized by a plurality of legal norms that regulate various aspects of the activities of government in various sectors and spheres.

Universal nature is inherent in AO. Norms and rules are mandatory for all without exception.

AO characterize some of the signs,

Common to all types of legal liability:

1) it is a state coercion, since the exercise of power is exercised through state authorities and local self-government bodies;

2) this legal coercion, subject to the general principles of legality and fairness of law. AO is applied on the basis of the legal regulation of its scope and limits, the regulatory establishment of the grounds for the content and procedural forms of the implementation of specific administrative penalties;

3) it entails adverse consequences for offenders, provided for by the sanction of the law. In their content, AO measures are expressed in the envisaged Code of Administrative Offenses of the Russian Federation depriving or restricting the rights and freedoms of violators;
4) AO measures contain the final legal assessment of the act and the offender on behalf of the state. Administrative penalty is the last instance in the fight against offenses, i.e. Decision on the merits, and the perpetrator

With the character and public danger of the perpetrated is subject to administrative punishment.

AO can be considered as legal - for administrative violations. Object of encroachment are relations in the sphere of public administration, as well as some others. On the one hand, AO is established for encroachments on customs, tax relations, relations related to the protection of property, with the protection of citizens' rights, nature, trade, etc. On the other hand, AO is applied for violation of not every rule of administrative law, but only those of them that contain an indication of AO.

AO has its own subject composition. The subjects of this type of responsibility are both physical and legal entities - enterprises, institutions, organizations.

In its essence, AO exerts an influence exerted by the state's authorized body on the person who committed the administrative violation. The purpose of this impact is to educate the perpetrator, as well as to prevent further administrative offenses,

Attracted to AO, and other citizens.

Attraction to AO and imposing an administrative penalty does not entail a criminal conviction for the violator and is not grounds for his dismissal from work.

AO characterizes the special procedural order of its implementation. By its relative simplicity, efficiency and economy, it differs from the criminal and civil procedure for considering relevant cases and making certain decisions on them.

An important feature of AO is that it can be viewed as a combination of material and procedural

Legal relations, i. Material and tort, caused by the commission of a specific offense, and administrative procedural, associated with the need to collect and review materials about the offense and the person who committed it.

AO as a legal institution is organized on the basis of the principles of legality, the appropriateness of liability, the inevitability of punishment in the case of prosecution, individualization of measures of responsibility and on the principle of publicity.