ADMINISTRATIVE OFFENSES
- encroaching on the state or public order, property, rights and freedoms of citizens, on the established management procedure
Illegal (intentional or reckless) action or inaction, for which an administrative
a responsibility.
The imposition of an administrative penalty on a legal person does not relieve from administrative responsibility for this offense the guilty individual, as well as the bringing to administrative or criminal responsibility of an individual, does not exempt from administrative
Responsibility for this offense.
The concept of AP is disclosed through its main legal features:
1) the act, i.е. Objectively expressed action - active non-fulfillment of duty,
Legal requirement, as well as violation of the ban or inaction - passive failure to perform the duty;
2) an act that encroaches on any of the five common generic objects;
3) the guilty act. The guilt of an act means that it is committed intentionally or through negligence. The presence of guilt is an obligatory sign of an administrative offense, the absence of guilt precludes the recognition of an act as an administrative offense; 4) illegal act, i.e. Contrary to some legal regulations. Illegality consists in committing an act that violates the rule of law. An act that is not unlawful can not constitute an administrative offense and entail administrative liability;
5) an act for which the current legislation provides for administrative liability. An action containing all the signs of AP may be the actual basis of administrative responsibility only if it is in full compliance with the conditions for bringing to administrative responsibility (or
Excluding it).
On the one hand, AP is the basis of administrative responsibility, on the other hand, it is a sign of AP, which determines its legal nature.
The types of AP are provided for by the Administrative Code of the Russian Federation and are indicated in Ch. From 5 to 21. These include:
1) AP, encroaching on the rights of citizens (Chapter 5 of the Code of Administrative Offenses);
2) AP, encroaching on health, sanitary and epidemiological welfare of the population and public morality (Chapter 6 of the Code of Administrative Offenses);
3) AP in the field of property protection (Chapter 7 of the Code of Administrative Offenses); In the field of environmental protection and nature management (Chapter 8 of the Code of Administrative Offenses);
4) AP in industry, construction and energy (Chapter 9 of the Code of Administrative Offenses) and other types.
Attributes AP should be distinguished from its legal composition.
The composition of AP is understood as the set of fixed
Normative legal acts of the characteristics (elements) in the presence of which the corresponding act is considered to be AP.
Composition AP includes four
Legal element (element): the object, the objective side, the subject, the subjective side.
The object of AP are public relations, which are regulated and protected by the norms of administrative law in the spheres of executive power, which provide for the application of types of administrative punishment.
The objects of AP are:
1) protection of the individual;
2) protection of rights and freedoms of man and citizen;
3) protection of citizens' health, sanitary and epidemiological welfare of the population;
4) protection of public morals;
5) protection of the environment, the established procedure for the exercise of state power;
6) protection of public order and public security of property;
7) protection of legitimate economic interests of individuals and legal entities of society and the state.
The specified objects on the legal characteristic are the generic objects of AP, which constitute an integral and independent part of the common object.
Generic objects are subdivided into
Administrative legal relations infringing upon the rights of citizens, health,
Sanitary and epidemiological welfare of the population, public morality, property.
Distinctive objects are distinguished by the internal content of public relations protected and regulated by legal means:
1) protection of the natural environment and nature management;
2) industry, construction and energy;
3) agriculture, veterinary science, land reclamation.
Species object - a specific legal group of social relations, which is a kind of generic object and regulates the administrative
Responsibility: transport, road traffic, finance, taxes and fees, etc.
The objective side of AP is a system of characteristics that are specified by the norms of administrative law, which characterize its external manifestations.
The content of the objective side may include the nature of the action or inaction
Repeated, repetitive, lasting violation.
The subjects of AP are:
1) a person who has reached the age of 16 at the time of committing an administrative offense;
2) legal entities;
3) an official in the event of committing an administrative offense in connection with the failure or improper performance of his official duties;
4) foreign citizens, stateless persons and foreign legal entities that committed administrative offenses in the territory of Russia. The subjective side is the mental attitude of the subject to the wrongful act or omission and its consequences. It can be expressed in the form of intent or negligence.
AP is recognized as committed intentionally, if the person who committed it was aware of the unlawful nature of his action or inaction, foresaw its harmful consequences and wished them or consciously allowed the onset of these consequences.
And committed by negligence is an offense if the person
Foresaw the possibility of the onset of harmful consequences of his action or inaction, but thought lightly of their prevention or did not foresee the occurrence of such consequences, but should and could foresee them.
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