After identifying the commission of an administrative offense. Administrative offense

The basis of administrative responsibility is the commissioning of an administrative offense (administrative offense). At the same time, administrative responsibility for the offense occurs, if this violation does not entail criminal liability in its nature.

Concept

Administrative offense The unlawful, guilty action (inaction) of a physical or legal person, for which the Administrative Offenses of the RF, or the laws of entities of the Russian Federation, are established administrative responsibility.

The unlawful effect and illegal inaction are two possible orders of illegal act, that is, the unlawful behavior of a physical or legal person. Action is an active failure to comply with the responsibility, legal requirement, violation of the established ban. Inaction is a passive failure of the duty entrusted to a natural or legal person. For example, the opening of an organization's bank or other credit institution or an individual entrepreneur without a certificate of registration with the tax authority (Article 15.7 of the Administrative Code of the Russian Federation) is the illegal action of the Bank's official, another credit institution. Failure to fulfill the official of the Bank's institution duties for monitoring the implementation of organizations or their associations of the rules for conducting cash transactions (Article 15.2 of the Code of Administrative Offenses) is the unlawful inaction of an official.

Signs

Analysis of the concept of an administrative offense makes it possible to distinguish three of its signs: an opposition, guilt, the punishability of Acts.

Anti-vitality It means that the rules of law are necessarily violated for the execution of this act (actions or inaction). No act can be recognized as an administrative offense and for its commitment cannot come administrative responsibility, if the norms of law were not violated.

Guilt Acts implies that it is committed in the presence of guilt. No guilt in no way allows you to consider this act (even if an illegal) administrative offense. The fault of the physical face is in two forms: in the form intent and in form negligence. The guilt of the act indicates that it is committed or intentionally or by negligence.

The administrative offense is deliberately accomplished if the person is recognized by the unlawful nature of its action (inaction), foresees his harmful consequences and wishes the onset of such consequences or consciously allow them to either relate to them indifferently. In the first case, the intent is direct, since the face wishes the onset of harmful consequences. In the second and third cases, the intent is indirect, since the person directly does not want the onset of harmful consequences, but consciously admits their offensive or relates to these consequences indifferent.

An intentional offense, perfect with direct intent, is recognized, for example, the driver's passage to the prohibition signal of the traffic light (Article 12.12 of the Administrative Code of the Russian Federation), when he saw this signal, but was very in a hurry and did not stop the vehicle. An example of a deliberate offense committed with indirect intent, is the case when the driver did not figure out which the signal of the traffic light is burning (we will put it, because of the bright sun, fed into the eyes), and, consciously allowing that it goes to a prohibitive traffic light, or in general It is indifferent to this fact, drove on the red light, although it did not want to directly the onset of harmful consequences.

A characteristic offense with direct intent is the inappropriate use of budget funds (Art. 15.14 of the Administrative Code of the Russian Federation). The implementation of a disqualified person during the period of disqualification of legal entity management activities (part 1 of article 14.23 of the Code of Administrative Code) is also an offense committed with direct intent. But the acts provided for in Part 2 of Art. 14.23 The Administrative Code of the Russian Federation, expressed in conclusion with a disqualified person of the contract (contract) on the management of a legal entity or in the non-use of the consequences of the termination of the contract (contract), may have both direct and indirect intent. Moreover, as it shows the study of cases excited under Part 2 of Art. 14.23, such offenses are committed mainly with indirect intent.

The administrative offense is recognized as perfect on negligence, if the person who committed it, foreseen the possibility of the harmful effects of his action (inaction), but without sufficient reason, the foundations arrogantly expedited to prevent such consequences or did not foresee the possibilities of their offensive, although it was necessary to foresee . In the first case, negligence is manifested in the form of light-length (self-addiction), since the face foreseen the possibility of the onset of harmful settlements, but he ordered themselves to prevent them. In the second case - in the form of negligence.

The case when the driver drove up to the intersection at high speed, hoping to have time to stop the car at a signal prohibiting the movement, but failed to do this and drove into the crossroads on the red light, - a typical example of a careless offense, perfect on frivolity (arrogance). If, distracted by the road, the driver drove to the red light (although it did not foresee the possibility of such a situation, because he did not know the site of the road, did not know that the traffic light was installed there), there is a careless offense in the form of negligence. The driver had to and could foresee the harmful effects of his inattention and had no right to weaken attention.

By the way, the offense considered above, as provided for by Part 2 of Art. 14.23 Code of Administrative Offenses of the Russian Federation (conclusion with a disqualified person of the contract for managing a legal entity), in some cases it is committed by negligence: no negligence is checked, whether the person with whom the contract for managing a legal entity is disqualified.

The offense associated with the mooring to the vessel under customs control or other floating funds (Article 16.8 of the Administrative Code of the Russian Federation) can be committed as intentionally and not carelessness. The careless form of guilt in the form of negligence is in the case when the person who has fulfilled the mooring has not foreseen that the ship or a floating agent on the raid or in the port of the port is under customs control (although it should have been foreseen).

Among the administrative offenses, including the offenses of legal entities and their officials, there are still a lot of such that can be perfect both intentionally and negligence. For example, violation of the established deadlines for the submission of the tax return to the tax authority at the place of accounting (Article 15.5 of the Code of Administrative Offenses of the Russian Federation) may be intentional (or with direct or indirect intent) or careless (careless). As an intentional form of guilt, and with negligence can be characterized by violation of safety rules in the construction, operation or repair of main pipelines (Art. 11.20 of the Code of Administrative Code of the Russian Federation). Such examples can be brought quite a few.

Careless guilt must be distinguished from innocent damage, i.e. Kazus - the case in which the administrative responsibility of the person does not occur. In such cases, the person either should have or could not foresee the socially dangerous, harmful effects of its action (inaction), or was not able to manage their behavior due to emergency circumstances.

So, from the practice of clarifying the causes of drivers to a red signal of the traffic light, the performances of the corresponding accidents are known cases when drivers who have not previously suspected of their disease, a heart attack suddenly happened before the crossroads, seizures of legs appeared, they lost consciousness, etc., As a result, they were not able to control the vehicle. There may be other force majeure circumstances, in which a person without intent or negligence violates the legal norm. In all these cases, due to the absence of guilt, the act cannot be recognized as an administrative offense, and the responsibility of the person does not occur.

Legal entity, according to Art. 2.1 Code of Administrative Offenses of the Russian Federation, if it is determined that he had the opportunity to comply with the rules and standards, for the violation of which this code or laws of the subjects of the Russian Federation provides administrative responsibility, but this person did not adopted all the measures dependent By compliance.

Sandage Acts means that for the commission of this action (inaction) of a physical or legal entity, either the COAP of the Russian Federation, or the laws of the subjects of the Russian Federation on administrative offenses must be established precisely administrative responsibility.

The fact is that for very many intentional or careless illegal acts are not provided administrative, but other responsibility, such as disciplinary. Unfortunately, there are also enough examples when the legislation is not provided for the commission of an unlawful act. In such cases, the act, despite his opposition and guilt, cannot be recognized as an administrative offense.

Suppose, in violation of the claims of the director, the official officer of the organization led negotiations with customers in the upper clothes. This is an unlawful act (violation of the norm of the director, which contains the appropriate requirement) has, as a rule, indirect intent. An employee either deliberately admits the offensive of the harmful effects of its action - the loss of the organization's image (not so much descended), or refers to these harmful consequences is indifferent. Although direct intent can sometimes have a direct intent (an employee wanted harm to the image of the organization) or a careless form of guilt (an employee of negligence just forgot to undress).

However, administrative responsibility for such an act of the COAMA of the Russian Federation nor the laws of the subjects of the Russian Federation on administrative offenses are not provided. So, this offense is not an administrative offense, but a disciplinary offense. For him, an official may carry only disciplinary responsibility.

In accordance with the Code of Administrative Offenses of the Russian Federation, offenses include an offense:

encroaching on the rights of citizens, health, sanitary and epidemiological well-being of the population and public morality;
in the field of property protection;
in the field of environmental protection and environmental management;
in industry, construction, energy;
in agriculture, veterinary and land reclamation;
on transport and road traffic;
in the field of communication and information; in business, in the field of finance, taxes and fees, the securities market, customs; encroaching in institutions of state power;
in the field of protection of the state border of the Russian Federation and ensuring the regime of the stay of foreign citizens or individuals without citizenship in the territory of the Russian Federation; against the order of management;
encroaching public order and public security;
in the field of military accounting.

Codecs and laws of the subjects of the Russian Federation provide for administrative offenses and in other fields.

Is not an administrative offense causing harm facing of course, i.e., to eliminate the danger, directly threatening personality and the rights of this person or other persons, as well as the interests of society or the state, if this danger could not be eliminated by other means and if the harm caused less significant than prevented.

The composition of the administrative offense

Not every act, even containing all signs of an administrative offense (anti-paragraph, guilt, punishability) is an administrative offense. The fact is that in a particular act there may be no composition of the administrative offense, which eliminates the attraction of a person who committed it, to administrative responsibility. Understanding the composition of the administrative offense is important to ensure the legality when attracting a person to administrative responsibility, for the separation of administrative misconduct from other types of offenses, in particular from the crimes similar to it. In this regard, it should be distinguished by signs of an administrative offense as a concept (as a certain abstraction, theoretical design) from the elements and signs of the composition of a specific administrator of the Istracted offense.

Under composition of administrative offense It should be understood as the established right set of signs, in the presence of which a particular act becomes an administrative offense. The presence of an administrative offense in a particular act is the only basis for the occurrence of its commission. For example, prostitutes without a ticket in the suburban train of the child, whose passage is subject to partial payment - an administrative offense, which is committed by the person accompanying the child (part 4 of Art. 11.18 of the Codecha of the Russian Federation). If a child under the age of 16 has rode independently without a ticket, then, although his action meets all the signs inherent in the administrative offense as a concept (anti-paragraph, guilt, punishability), this effect is nevertheless in the specified concrete case cannot be qualified as an administrative offense. . This is explained by the fact that in this act there is no one of the necessary components of the composition of the administrative offense - the subject of the offense, which may be an individual, which has only reached 16 years.

The same type of the composition of the administrative offense in the aggregate form the so-called elements of the composition of the administrative offense. The elements of the composition of the administrative offense include:

an object;
objective side;
subject;
subjective side.

An object Administrative offense is public relations settled by law and protected administrative responsibility measures.

For example, the object of the administrative offense associated with violation of the legislation on the freedom of conscience, freedom of religion and the religious associations (Article 5.26 of the Code of Code of the Russian Federation) is the rights of citizens.

In addition to the administrative offenses, in addition to those who encroacate the rights of citizens, as already noted above, also referred to an offense in the field of environmental protection and environmental management; encroaching on public order and public safety, many others. Public relations violated by the illegal act and there is an object of the appropriate administrative offense.

Public relations, which are an object of administrative offense, are regulated not only by the norms of administrative law, but in some cases and the norms of constitutional, environmental, labor, land, financial and other industries of law. However, they are protected by the norms of the COAP of the Russian Federation and the laws of the constituent entities of the Russian Federation on administrative offenses. If a specific illegal act encroaches into public relations, not protected by the norms of this Code and the laws of the Russian Federation on administrative offenses, then there is no object of administrative offense, therefore, there is no entirely administrative offense.

Objective side An administrative offense is a system of signs planned by the norms characterizing the external manifestation of this offense.

The objective side of the composition is characterized by misconduct as an act of external behavior of the offender and includes, in particular, such signs of the composition of the administrative offense as illegal action or inaction and becoming harmful consequences.

For example, violation by drivers of vehicles of road traffic rules is expressed in different illegal actions: exceeding the set speed of movement, non-compliance with the requirements of road signs, pass to the prohibitory signal of the traffic light, intersection of the solid line of markup, etc. The harmful effects of such actions can be: creating a danger in road traffic , interference with other participants of the movement, emergency, committing an accident.

In addition to the unlawful act and the harmful effects of the third component of the objective side of the offense are such a sign as the causal relationship between this act and the harmful consequences resulting from. To establish such a causal relationship - it means to identify the circumstances of the emergence of harmful consequences, they have come as a result of an opponentary act or for other reasons, how this act influenced the magnitude of these consequences, etc. However, in establishing the presence of a causal relationship in the administrative The offense, as a rule, is not necessary: \u200b\u200bthe harmful effects are mainly intangible, and manifest only in the form of public harm or public danger, and the causal relationship between the unlawful act and its consequences is no doubt.

Such a composition of an administrative offense, which does not provide for the onset as a result of its committing any material harmful consequences, is called formal composition. Administrative offenses (in contrast to crimes) in the overwhelming majority of cases have a formal composition; The relevant standards provide for responsibility only for the commission of an unlawful act, regardless of the fact that no harmful material consequences came. For example, a violation or non-fulfillment by the employer either by the person who represents it, obligations under the collective agreement, agreement (Article 5.31 of the Code of Administrative Code) will be an administrative offense with a formal composition. Another example of an administrative offense with the formal composition is to exceed the installed speed of movement by the driver of the vehicle (Article 12.9 of the Administrative Code of the Russian Federation).

However, in addition to offenses with the formal composition of the legislation on administrative offenses, there are many and offenses with the so-called material compositionwhich includes the mandatory attack of harmful material consequences. For example, if part 1 and 2 tbsp. 20.4 The Administrative Code of the Russian Federation establishes administrative responsibility for violation of fire safety requirements, when it did not entail material consequences (formal composition), then part 3 of the same article - for violations that led to the material consequences in the form of a fire (material composition).

In offenses with the material composition, the causal relationship between illegal act and harmful consequences is often not obvious and requires evidence. For example, the fact of the driver, which exceeded 15 km / h permissible speed of the road, on a pedestrian, as a result of which light bodily injuries were caused by the latter, in itself does not mean the composition of the offshore formulated in Art. 12.24 Administrative Code. Here, it is mandatory to prove the causal relationship between the illegal act and the mature consequences.

It should be clarified (as a rule, by the production of judicial auctor examination), could the driver avoid hitting the pedestrian if it did not exceed the established speed of movement. A positive response to this question shows that the hitting on a pedestrian became a consequence of violation of the rules of the road traffic, in its actions there is a composition provided for by Art. 12.24 Administrative Code. A negative response means that the hit did not appear to exceed the speed of movement, since in the current situation, due to the unlawful behavior of the pedestrian itself, even when driving with permissible speed. In this case, in the actions of the driver, the composition of the offense provided for by Art is not seen. 12.24 Administrative Code. The driver will have to incur a milder administrative responsibility than the one that is provided by Art. 12.24 - Responsibility for exceeding the established speed of movement under Part 1 of Art. 12.9 of the Administrative Code.

The presence of an objective side of the administrative offense The legislator in many cases also makes dependence on its signs such as time, place, way, character committing an act, his repeability, repeatedness, maliciousness, systematic.

For example, in accordance with Art. 3.1 of the Law of the Kirov region dated July 26, 2002 No. 88-EO "On Administrative Responsibility in the Kirov Region", the responsibility for speech speech, screams, singing, etc. from 22 to 6 hours were established. Naturally, such acts committed in different time will not contain the composition of this offense.

Part 1 Art. 20.20 The Administrative Code of the Russian Federation provides for the responsibility for drinking beer and beverages made on its basis, as well as alcohol and alcohol-containing products with an ethyl alcohol content of less than 12% of the volume of finished products in children's, educational and medical organizations, on all types of public transport of urban and suburb of , in organizations of culture, physical education and wellness and sports facilities. The drinking of such beverages in other places, for example, at home, in a personal or service car, will not contain the composition of this offense.

Small hooliganism (Art. 20.1 of the Administrative Code of the Russian Federation) is defined as a violation of public order, expressing explicit disrespect for society, accompanied by obscene abdomen in public places, offensive to citizens, destruction or damage to someone else's property. In this case, the legislator above all emphasizes the demonstrative nature of the commitment of the act - the expression of explicit disrespect for society. Actions that violate the social order, but not having a similar nature, will not contain the composition of small hooliganism. And, of course, it is important for the presence of this offense that the relevant actions are carried out in the specified places. For example, obscene abdomen can only form the composition of small hooliganism when it is observed in public places.

The repetition is provided for by many articles of legislative acts establishing an administrative response, and means the commission, as a rule, during the year, the same person of a homogeneous offense for which it has already been administratively punished. For example, h. 1 Art. 3.6 Codex of the Republic of Tatarstan on administrative offenses of December 19, 2006 No. 80-PRT is the responsibility for violation of the rules of improvement of the territories of municipal districts and urban districts, and h. 2 of the same article - increased responsibility for the same actions performed re-over the year . Another example: a sanction in the form of disqualification applies to a job person who violates labor legislation and labor protection, only if it was previously subjected to administrative punishment for a similar offense (Article 5.27 of the Administrative Code of the Russian Federation).

Reminctness recognizes the commission of more than two homogeneous offenses, and a systematic offense is considered to be repeated within a year several times. For example, Art. 15 Code of Volgograd region on administrative responsibility dated July 17, 2002 No. 727-OD established administrative responsibility for a systematic nonperture without valid causes of patients with tuberculosis, HIV infection or infections transmitted primarily sexually in specialized medical institutions for Mandatory medical examinations and medical and preventive measures.

However, these signs of the composition of the administrative offense (time, place, method, the nature of the execution of the act, its repetition, repeatedness, maliciousness, systematically) is inherent in not all the compositions of administrative offenses, by virtue of which they are called optional, i.e. optional, signs The composition of the administrative offense. Unlike them, the unlawful effect (inaction), the harmful effects and the causal relationship between the act and their harmful consequences are due to its harmful consequences are mandatory features The composition of the administrative offense.

Subject Administrative offense is a physical or legal person. At the same time, as already noted above, individuals are subject to administrative responsibility if they have achieved 16-year-old an offenses.

The subject of the administrative offense can only be a samented individual. The person who during the commission of unlawful actions (inaction) was in the state of insaneness, since. It could not be aware of the actual nature and anti-influencing of its actions (inaction) or to manage them due to chronic mental disorder, temporary mental disorder, dementia or other painful state of the psyche, is not administrative responsibility.

In addition, the legislation differ general Subjects - any sane persons who have reached 16 years, special subjects - Officials, drivers, minors, etc., as well as special subjects - military personnel, persons with special ranks, and other persons on which the operation of disciplinary statutes or special provisions on the service are applied. For some of these categories of subjects, the law establishes additional grounds for administrative responsibility or CE increased size, for others - restriction of the application of administrative responsibility measures.

So, according to Part 3 of Art. 11.14 Administrative Code for violating the rules for transporting hazardous substances, large or heavy cargoes on railway transport Citizens (general entities) are responsible less than officials (special subjects). However, in accordance with Art. 2.5 Code of servicemen (special subjects) in most cases are not administrative responsibility on general reasons.

In any case, the presence of an offense can only be part when the person who committed an unlawful act is that the subject that the act of the Administrative Code of the Russian Federation or the laws of the subjective offenses of the Russian Federation is provided for administrative offenses.

For example, under Part 1 of Art. 12.31 Code of Administrative Offenses of the Russian Federation for the release of a vehicle that is not registered in the prescribed manner or not undergoing state technical inspection, administrative punishment can be appointed only by the official person responsible for the technical condition and operation of vehicles. The specified official is a subject of this offense (a special subject), and only its actions form the composition of this offense. The release of a vehicle, which is not registered in the prescribed manner or not undergoing a state technical inspection, carried out by a person who is not responsible for the technical condition and operation of vehicles cannot form the composition of the administrative offense provided for in Part 1 of Art. 12.31 Administrative Code. Accordingly, such a person cannot be the responsibility provided for by this article.

In turn, under Part 1 and 2 Art. 12.1 Administrative Code for managing a vehicle not registered in the prescribed manner or not passed a state technical inspection, administrative punishment can be appointed only by the driver who manages this vehicle. The driver is a subject of this offense (a special subject), and only its actions form the composition of the offense provided for by Art. 12.1 Code.

Subjective side The administrative offense is the mental attitude of the subject (individual) to the illegal action (inaction) and its consequences.

A mandatory sign of the subjective side is the fault of a subject of administrative offense, the possible forms of which are discussed above. In the articles of the COAP of the Russian Federation and the laws of the constituent entities of the Russian Federation establishing administrative responsibility, the form of guilt is most often not denoted. According to these articles, comes regardless of the form of guilt. For example, it does not matter, the driver was deliberately broken by the driver's demand for a road sign or by negligence (let's notice, did not notice this sign), in any case, it is subject to responsibility (Art. 12.16 of the Administrative Code of the Russian Federation). It is also not important, intentionally either by negligence occurred untimely or inaccurate making on a legal entity in the Unified State Register of Legal Entities (Part 1 of Art. 14.25 of the Administrative Code of the Russian Federation). This does not affect the qualifications of the appropriate offense committed by the official.

In some cases, although the form of guilt is not established by the legislator directly, it is indirectly clear from the nature of the act. For example, h. 3 tbsp. 11.17 The Administrative Code of the Russian Federation provides for responsibility for smoking in the wagons (including in Tambura) a suburban train, and part 1 of Art. 12.8 of this Code - for managing the vehicle in a state of intoxication. It is clear that such actions can only be intentional.

However, sometimes the formulation of the composition of the administrative offense directly says that it may be counted only in the form of intent or only in the form of negligence. For example, Art. 19.2 Administrative Code introduces responsibility only for intentional Damage or disruption of printing (seals). In accordance with Art. 7.26 of this code establishes responsibility for the loss of materials and data of the State Cartographer-Geodesic Fund of the Russian Federation as a result of them careless Storage by user.

In certain compositions of administrative offenses, there are optional signs of the subjective side: target or motive. The goal is the presentation of the offender about the desired result to which he seeks. The motive is that the motivation that pushes him to commit an offense.

For example, h. 2 art. 20.3 The Administrative Code of the Russian Federation establishes the responsibility, in particular, for the purchase of Nazi attributes or symbols or attributes or symbols similar to the Nazi attribute or symbolism to the degree of mixing, aimed at their propaganda. The absence of specified attributes or symbols of their sales goal excludes the possibility of qualifying the act as an administrative offense under this article. And vice versa, art. 6.8 of the Administrative Code of the Russian Federation introduces responsibility for illegal acquisition, storage, transportation, manufacturing, processing without the purpose of selling narcotic drugs or psychotropic substances, as well as their analogues. If these actions were carried out in order to sell narcotic drugs or psychotropic substances, their analogues, the possibility of qualifying the act on this article is excluded.

Once again, we emphasize that only if there are all the signs of the composition of the administrative offense provided for by the law, the person who committed it can be attracted to administrative responsibility.

Throughout the period of the existence of human society, the problem of committing administrative offenses was very relevant. Such remains and today. In addition, this problem does not lose its significance with any formation and strictly. The fact is that the offenses were allowed at all times. They exist today. In this article we will look at what an administrative offense is. The concept, signs, the composition and basic views of this offense will also not bypass.

Definition of the term

The objective side of the offense under consideration has its own signs. Moreover, their formation is carried out around the basis of the offense - Acts. In the list of signs of the objective side, which is part of the administrative offense of the Russian Federation, is:

Place (railway track, border zone);
- time (season for hunting, fisheries);
- Method (fake documents, blanks, seals), etc.

The objective side of the appeal under consideration has an important component in the form of persons who do not perform:

Lawful requirements of the police officer;
- orders of the bailiff or judges;
- the requirements of the prosecutor, the investigator, as well as another official, which is considering the composition of the administrative offense case.

In addition to all those above, the objective side includes both the offenders who guilty were illegal assistance in registering vehicles, as well as in the implementation of employment activities of Russian citizens abroad, etc.

Subject of Offencing

This element in administrative offenses includes individuals and legal entities. And to business entities can be punished in cases of non-compliance:

Environmental norms;
- Land legislation;
- customs law;
- requirements in the production of building materials and construction;
- tax legislation;
- fire safety;
- antitrust law;
- environmental and sanitary rules;
- currency legislation and so on.

Officials who do not fulfill or improperly perform their official duties may contact the list of administrative misconductors. This is stated in article 2.4 Administrative Code. The composition of the administrative offense as a subject can also consider acts of foreign citizens, those who have no citizenship, as well as non-resident enterprises. When performing an offense in the territory of the Russian Federation they are also attracted to responsibility. And this is done on the general reasons (Article 2.6 of the COAP).

For some officials there are additional grounds that enhances the administrative penalties used. This category includes trade workers, drivers, etc. Some persons in their official duties are incurred additional administrative responsibility for the inaction or action of persons in their subordination.

Some legislative restrictions exist for citizens who are at military fees for military personnel, pregnant women, as well as for mothers who have minor children.

The subject of the composition of the administrative offense is always administrative responsibility for its acts. However, this issue has some exceptions. So, for military personnel, as well as for civilians, has the same administrative offense concept, signs, composition, as well as penalties. However, who undergo the urgent service, for a number of misconducts can attract disciplinary responsibility. This is stated in the article at a number 2.5 of the Administrative Code.

However, not all citizens of our country are subjects as part of administrative responsibility. According to the general rule, this punishment is not subject to facial under 16. At the same time, as part of an administrative offense, such a sign, as its subject, will be absent. The same case will come when the individual during the commission of illegal actions will be in an unbearable state.

Subjective side

This feature of the composition of administrative offenses is a mental attitude of the subject who has committed misconduct, to the consequence of its action or inaction. In this case, it can be expressed in the form of negligence or intent. Based on this, in what cases is the full administrative offense? Article 2.2 of the COAMA indicates that it is necessary to have the presence of a person who has committed an unlawful inaction or action, expressed in the form of negligence or intent. At the same time, there must be other signs of the composition of the offense.

The complete characteristics of the composition of the administrative offense is impossible without considering such a thing as wines. It is expressed in the psychological relationship of a person to the deed, as well as the possible negative consequences of the offense.

Wines is an element included in the legal administrative offense. However, its presence is clearly not enough to ensure that the person who committed misdemeanor has been attracted to justice. This is due to the fact that the subject of the composition of the administrative offense must have a corresponding age and be capable. For example, the guilt of the act will be absent if the rules of the road traffic violated a minor or incapacitated citizen.

The subjective side is an important feature of the crime. It indicates not only the guilt of the violator of legality, but also on the target, as well as on the motive of his act.

Administrative Code also provides cases when the case on administrative violations should be discontinued. This becomes possible in the absence of guilt of a citizen.
Several otherwise, the subjective side is determined for legal entities. In art. 2.1 Administrative Code is indicated that enterprises and organizations are considered guilty of committing an unlawful act if they could not violate the rules and rules, but did not take measures to comply with the current legislation. At the same time, not only the legal entity can be attracted to justice, but its director, as well as a number of other workers. For this, a separate protocol must be decorated for each guilty.

In the case when the fault of the economic entity is not proven, there can be no responsibility for it. What is it expressed in? Unlike an individual, the act of organization cannot be considered through the prism of negligence or intent. It is pointless to look for volitional and intellectual moments of perfect acts in this case. LEGAL RIGHT RIGHT RIGHT TRAIN TRAINING THE CONCEPT OF YUROlitsa's guilt, considering the subjective and objective parties.
The first of them is expressed in how an unlawful act is considered by the Organization. At the same time, the attitude of employees and representatives of a legal entity for violation of legislation is being studied.

In determining the composition of the administrative offense, objective wines of the organization are also considered. It is depending on the perfect act and is due to the objective party that is part of the offenses. The choice of one or another approach, as a rule, depends on the specifics of non-compliance with legislation.

Grouping of administrative misconduct

All signs discussed above allow us to note certain types of their aggregate. The compositions of administrative offenses are distinguished as:
- material and formal;
- simple and qualified;
- Unambiguous and alternative.

These types of administrative offenses, as material, contain signs of the onset of negative material consequences or leading to those. The amount of damage caused is described by law in order to correctly classify the offense and invalid the authority to compensate for damage. In the formal compositions, there is no sign of the onset of negative consequences.

These types of compositions of administrative offenses, as simple, take place with a specific act without any strengthening. But sometimes the qualifying factors are introduced into it when considering such an offense. They strengthen the negative force of the act, which makes it possible to consider an offense for another item. In this case, the guilty is waiting for a more severe punishment for the deed.

If only one act is acting as an administrative offense, the composition of the offense is considered to be unambiguous. But sometimes the guilty face commits several illegal acts. In such cases, the composition of the offenses is alternative.

Punishment measures

A complete list of sanctions applied to the guilty persons is given in Article 3.2 of the Administrative Code. This list is rigidly regulated and cannot be expanded. So, the guilty person can be appointed:

Warning (official censure);
- monetary penalty provided for in the form of a fine;
- seizure or confiscation of the subject or instrument of administrative offense;
- deprivation of rights (determined only by the court);
- imposition of administrative arrest;
- expulsion outside the country;
- Disqualification in part of the physical person of a senior position.

Administrative responsibility occurs after an authorized officer issued a decision on the application of administrative recovery to the person who committed an illegal act.

The decision on the initiation of an administrative offense and administrative investigation is made by an official authorized in accordance with Article 28.3 of the COAP of the Russian Federation to draw up a protocol on an administrative offense, in the form of a definition, and the prosecutor in the form of a decision immediately after identifying the fact of the administrative offense.

In determining the initiation of an administrative offense and administrative investigation, the date and place of the preparation, position, surname and initials of the person who has determined the definition, reason to initiate an administrative offense case, data indicating the event of an administrative offense, article of this Code of Administrative Code of the Russian Federation or the law of the constituent entity of the Russian Federation, which provides for administrative responsibility for this administrative offense. When determining the initiation of an administrative offense and administrative investigation into an individual or legal representative of a legal entity in respect of which it was made, as well as other participants in the administrative offense case, their rights and obligations provided for by the Code of Administrative Code of the Russian Federation are explained Recording in definition.

A copy of the definition of the initiation of an administrative offense case and conducting an administrative investigation during the day is awarded to receipt or sent to an individual or legal representative of a legal entity in respect of which it has been submitted as well as the victim.

When initiated by an administrative offense case, a procedural execution of a protocol on an administrative offense is of particular importance. Under the administrative offense protocol is understood as such a procedural document reflecting information related to the fact of unlawful act and characterizing the intruder.

In accordance with the Administrative Code of the Russian Federation, the Administrative Offenses Protocol is drawn up in all cases, with the exception of those when administrative offenses are initiated by the prosecutor or are considered within the framework of simplified production, that is, when administrative punishment is assigned to the protocol.

The protocol on an administrative offense shall indicate: date and place of its preparation, position, surname, name, patronymic of the person who has compiled a protocol (decree); information about the person in respect of which the case on an administrative offense was initiated; names, addresses of witnesses and victims, if available; place, time of committing and an event of an administrative offense; Article Code of Administration of the Russian Federation or the law of the subject of the Russian Federation, a regulatory act, providing responsibility for this offense; An explanation of the individual or legal representative of a legal entity in respect of which the case was initiated, other information necessary for the permission of the case.

We note that the Code of the Russian Federation, the sample of the administrative offense report is not established, in view of which, in drawing up this procedural document, the officials of the customs authorities use a form (shape) defined by the Federal Customs Service.

In drawing up a protocol on the administrative offense, the physical person or legal representative of a legal entity for which the administrative offense case was initiated, and their rights and obligations provided for by the Code of Administrative Code of the Russian Federation are encouraged to record in the Protocol.

The physical person or legal representative of a legal entity in respect of which the work of an administrative offense was initiated, the possibility of familiarizing with the Administrative Offencing Protocol. These individuals are entitled to submit explanations and comments on the content of the protocol that are attached to the protocol.

The Administrative Offense Protocol is signed by an officer, which made it, an individual or legal representative of a legal entity for which an administrative offense case was initiated. In case of refusal of these individuals from the signing of the protocol, it makes the appropriate entry.

The physical person or legal representative of a legal entity in respect of which the case of an administrative offense was initiated, as well as the victim (in practice, in cases on administrative digestion, relating to the competence of customs authorities, such a party in the case, as the victim appears during the initiation of administrative offenses , the responsibility for which is provided for by Art. 14.10 and 7.12 of the Administrative Code of the Russian Federation) is awarded a copy of the Administrative Offencing Protocol.

The protocol on administrative offense is made up immediately after identifying the commission of an administrative offense. In the event that additional clarification of the circumstances of the case or data on the physical person or information about a legal entity in respect of which the case of an administrative offense is initiated, the administrative offense protocol is drawn up within two days from the moment of detection of an administrative offense

In the case of an administrative investigation, the AP protocol is drawn up at the end of the investigation within the deadlines provided for in Article 28.7 of the Administrative Code of the Russian Federation.

In accordance with the requirements of the Administrative Code of the Russian Federation, the list of officials of the customs authorities of the Russian Federation authorized to draw up protocols on administrative offenses, as well as to carry out administrative detention, established by the order of the FCS of Russia from 01.03.2012 No. 368 "On officials of the customs authorities of the Russian Federation authorized to draw up protocols about Administrative offenses and implement administrative detention. " We note that the order is limited by the powers of a number of customs officials in terms of drawing up protocols on administrative offenses and administrative detention. Since the investigators, officials of aviation divisions of customs authorities, officials engaged in operational investigative activities (including the heads of operational-search units and their deputies) are not included in the list established by the FCS of Russia, then in accordance with Part 3 of Art. 28.1 Administrative Code They are not entitled to initiate cases of administrative offenses.

N p / n	Job title	Articles of the Administrative Code of the Russian Federation, according to which officials of customs authorities are authorized to initiate cases of administrative offenses
	Officials of the Central Apparatus of the Federal Tax Service of Russia<*>	a) st. 6.15, Part 1 of Article 7.12, Art. 11.14, Art. 11.15, Article 14.10, Part 1 of Art. 15.6, Part 2 of Art. 15.7, Art. 15.8, Article 15.9, Art. 15.25, Art. Art. 16.1 - 16.24, h..1 Art. 19.4, h..1 Art. 19.5, Article 19.6, Article 19.7, Art. 19.26, Part 2 of Art. 20.23 - the specified officials of the customs authorities of the Russian Federation when performing functions assigned to them; b) Art. 17.7, Art. 17.9, Part 1 of Art. 20.25 - these officials of the customs authorities of the Russian Federation, carrying out the proceedings on administrative offenses.
	Head of Department, Department and their deputies
	Senior Commissioner for Especially Important Affairs
	Commissioner for especially important cases
	Senior Commissioner
	Authorized
	Officials of regional customs departments<*>
	Head of Department, Services, Department, Special Fast Response Detachment and their substituents
	Head of the Department, Senior Opera Compact on Especially Important Affairs, Senior Commissioner for Particularly Important, Chief Inspector, Chief State Customs Inspector



	Customs officials, customs posts<*>
	Chief of Customs, Customs Post, Department, Special Fast Response Detachment and their substituents
	Head of the Department, Senior Opera Compact For Especially Important Affairs, Senior Commissioner for Particularly Important, Chief Inspector, Chief StateThanded Inspector
	Opera Compact on particularly important cases authorized in particularly important cases leading inspector
	Senior Opera Compact, Senior Commissioner, Senior Inspector, Senior State Customs Inspector
	Opera Commissioner, Commissioner, Inspector, State Customs Inspector
	Commander of the Grand Customs Ship, Commander of the Middle Customs Ship, Commander of the Small Customs Japanese

In some cases, the COAP provides for the implementation of the proceedings on the administrative offense in a simplified manner - without the preparation of the Protocol: an official who revealed a violation, independently decides on the imposition of administrative punishment and fulfills the decision immediately or explains the procedure for executing the appointed penalties. Administrative punishment without the preparation of the protocol is possible, provided that it does not represent serious danger and does not entail harmful consequences. Formal signs of such insignificance of administrative offense are the type of administrative punishment and its size.

Administrative punishment without the preparation of the protocol is assigned as a warning and in the form of an administrative fine. At the same time, the appointment without the preparation of the protocol of administrative punishment in the form of an administrative fine by the customs authorities is carried out if the size of the fine is not more than one minimum wage, when violating customs rules is no more than ten minimum wages. In this case, the decisions of the receipt of the established sample are used.

According to the provisions of Art. 27.10 of the Administrative Code of the Russian Federation is allowed to withdraw the things that were the instruments of the commission, or subjects of administrative offense, and documents that have the importance of evidence in the case of an administrative offense. Such things and documents can be found on the site of the administrative offense or in the implementation of personal inspection, inspection of things in the individual, the inspection of the vehicle, the inspections of the territories belonging to the legal entity, the premises that have goods, vehicles and other property.

The withdrawal of these things and documents is an administrative and legal measure of the impact consisting in the compulsory deprivation of a physical or legal entity to use and dispose of these things and documents. The withdrawal of things and documents is carried out in order to curb the administrative offense and ensure the timely and proper consideration of the case of an administrative offense, the execution of the decision taken in the case. In some cases, the seizure of documents is necessary to establish the personality of the person who has committed an unlawful act.

We emphasize that things that were to the instruments of the administrative offense, and documents that have the importance of evidence in the case of an administrative offense, are withdrawn for a time before adopting a decision on this case. After consideration of this case, depending on the appointed punishment, the instruments of the commission and the objects of the administrative offense are either confiscated, or are implemented (during paid seizure), or are made of turnover and are subject to transfer to the relevant organizations (or destruction), or return to the legal owner, and His unidentification is transferred to the state of state.

Before consideration of the case on an administrative offense, the withdrawn things and documents are stored in places defined by the face of the withdrawal of things and documents, in the manner prescribed by the relevant federal executive authority. If certain objects, due to their bulkiness or other reasons, cannot be stored together with the case, they must be photographed, whenever possible is sealed and stored in the place indicated by the person or body, in which the case is in the production of the case (what the relevant reference). The withdrawn firearms and cartridges for it, other weapons, and the fighting supplies are stored in the manner determined by the Ministry of Internal Affairs of the Russian Federation.

If necessary, when removing things and documents, photo and filming, video recording, other established methods for fixing material evidence are applied.

A protocol is drawn up on the withdrawal of things and documents.

The protocol should describe in detail the seized things and documents, in particular, recorded signs that allow to allocate the subject from the number of such and determine its evidentiary importance to it. In the protocol, it is necessary to indicate information about the form and details of the seized documents, on the form, quantity, about other identification features of the withdrawn belongings (for example, about material, form, size, color of the subject, grade and quality of the product, etc.), including including about type, brand, models, caliber, series, room, about other identification signs of weapons, on the form and number of combat seals.

Materials obtained in the withdrawal of things and documents using photographing, video recordings, other established methods for fixing material evidence, are attached to the corresponding protocol. The protocol is signed by an official who made it, the face whose things and documents are withdrawn. In the event of a refusal of a person who has things and documents seized, the corresponding entry is made from the signing of the protocol.

When items, vehicles and other things are removed impossible or their safety can be provided without seizure, they are arrested.

The arrest of goods, vehicles and other things that came to the instruments of the commission or the subjects of an administrative offense are to draw up the design of these goods, vehicles and other things with the announcement of the person in respect of which this measure is applied to ensure the proceedings on the case of an administrative offense, or its legal Representative about the ban on to dispose of (and if necessary and use) them. However, goods, vehicles and things imposed by arrest can be transferred to responsible storage in other persons appointed by an official who imposed arrest.

If necessary, goods, vehicles, other things that are imposed arrest are packaged and sealed. In case of alienation or concealment of goods, vehicles, things imposed by arrest, a person in respect of which this measure is applied to ensure the proceedings on the administrative offense case, or the keeper is subject to responsibility.

The arrest of goods, vehicles and other things is carried out by officials who are entitled to produce an administrative detention of an individual, as well as those specified in part 2 of Art. 28.3. The arrest is carried out in the presence of owner of things and two witnesses. However, in cases not tolerant, the arrest of things can be carried out in the absence of their owner. If necessary, the arrest procedure is fixed using photo and filming, video recording, otherwise established methods for fixing material evidence.

The admissibility of the arrest of goods, vehicles and other things to address officials of the executive bodies as a measure of ensuring the proceedings on administrative offenses is defined by the Constitutional Court of the Russian Federation1, which directly indicated that until the court decision was made by the administrative authorities and officials implementing the authority to implement Measures to ensure the production of administrative offenses are entitled to impose arrest on property, since such a measure is not related to the deprivation of property. The fact is that goods, vehicles and other things that were to the instruments of the commission or the subjects of the administrative offense are withdrawn for a while before adopting a decision on this case.

After consideration of this case, depending on the appointed punishment, the instruments of the commission and the objects of the administrative offense are either confiscated, or are implemented (during paid seizure), or are made of turnover and are subject to transfer to the relevant organizations (or destruction), or return to the legal owner, and His unidentification is transferred to the state of state. In the decision on the case of an administrative offense, questions should be resolved on the things imposed by arrest.

The arrest of goods, vehicles and other things is compiled. The fixation of the relevant information in other compiled protocols, including in the Administrative Offense Protocol, is not allowed. The Protocol on the arrest of goods, vehicles and other things indicate the date and place of its preparation, position, surname and initials of the person who has made a protocol, information about the person in respect of which this measure is applied to ensure the proceedings of the administrative offense, and the person, In the possession of which there are products, vehicles and other things that are imposed arrest.

The protocol should describe in detail the things imposed on which the arrest is imposed, their identification features are indicated, allowing these things from among them similar and determine their evidentiary importance (for example, information about the material, form, size, things color, etc.) , as well as recorded the use of photographing, video recordings, other established methods for fixing material evidence. Materials obtained in the implementation of arrest using photographing, video recording, other established methods for fixing material evidence attached to the protocol.

A copy of the protocol on the arrest of goods, vehicles, other things awarded a person in respect of which this measure is applied to ensuring the proceedings on the administrative offense, or its legal representative.

1) directly detecting officials authorized to draw up protocols on administrative offenses, sufficient data indicating the presence of an administrative offense event;

2) received from law enforcement agencies, as well as from other state bodies, local governments, from public associations, materials containing data pointing to the existence of an administrative offense;

3) messages and statements of individuals and legal entities, as well as reports in the media containing data indicating the existence of an administrative offense (with the exception of administrative offenses provided for by part 2 of Article 5.27 and Article 14.52 of this Code);

4) fixation of the administrative offense in the field of road traffic or administrative offense in the field of territorial improvement of the territory provided for by the law of the constituent entity of the Russian Federation committed using a vehicle either by the owner or other owner of the land plot or the other real estate object working in automatic mode with special technical means having functions photo and filming, video recordings, or photo and filming, video recording;