Administrative unlawful guilty action or inaction. Administrative law of Russia

Any violation of the law, even if it is not hazardous to society, should end with liability. It is different. Administrative offense (concept, views you will find out along the course of the article) should also end with liability, as it is a negative action for society. Punishment depends on the objectives of the violator, awareness of the consequences of its actions. There are different forms of responsibility. From this article, you will find out the types of administrative offenses and punishments that can be obtained for them.

Major terms

First you should consider all the concepts you have to meet. So, administrative law is a special branch of jurisprudence, with which the relationship of the parties in the field of management is regulated. It records a large number of perfect acts prohibited by law.

An administrative offense is the guilty action (or its absence), which is characterized by an encroachment of a physical or legal person for the norms of public order, freedom and law of citizens. For him relies certain responsibility.

Administrative recovery is the measure that applies to the violator. She assumes educational goals. Responsibility for such misconduct comes from 16 years.

The offense should not be confused with the crime. Appeal is not socially dangerous, although it can have certain consequences.

The composition of the offense and its types

This information is very important, since it is from it that the degree of future responsibility depends. Before considering the types of administrative offenses, it is necessary to find out the elements of its composition:

An object. These are precisely those social relations that were subjected to encroachment.
Objective side. It involves specifically pronounced actions that violate the norms established by law.
Subject. This is, in fact, the person who made an act. At the same time, it should already reach the age of 16 and be sane.
Subjective side. It implies his own attitude of the face to the perfect act.

Before considering the types of administrative offenses, it is necessary to find out the types of compositions of such misconduct. There are only two of them: the formal (in this case, the effects itself, the consequences are not at all important) and the material (here the main indicator is the consequences and their relationship with a perfect violation).

In most cases, it is possible to observe exactly the first type of violation. The second is seen only when there are some consequences associated with the destruction of property.

What offices are administrative?

It must be said that not all misdemeanors are regulated by the CACAP. These include violations carried out in the fields:

Environmental protection, health, property.
Energy, industry, environmental management, construction.
Veterinary, agriculture, land aelioration.
Road traffic and transport.
Information and communications.
Business activities and business.
Health and Sanitary and Epidemiological Welfare of the Population.
Protection of state borders.
Public order and security.
Army metering.

It is these types of administrative offenses of administrative law as such that cannot be attributed to criminal offenses. Although everything depends on the form of guilt and the seriousness of the consequences.

Signs of administrative misconduct

Any atrocity has certain features. His signs help to determine not only the composition of the action, but also necessity, as well as the amount of responsibility. Among them can be allocated as:

Wines. Without it there is no violation. It also happens different: deliberate or careless.
Anti-vitality. The actions of the person are such that violate the norms established by society.
Sandage. Any unlawful act must assume responsibility. That is, if the face made a misdemeanor, which has the composition and signs of an offense, then it must be punished. Naturally, there are certain cases in which responsibility may not come.

It is quite clear that it is necessary to know the types of administrative offenses, but without signs you will not be able to determine whether the action is illegal.

Classification of atrocities

Now we should consider the types of administrative and legal offenses. The presented classification will help you to get acquainted with them in more detail:

1. Depending on the sphere in which the rules were violated:

in economic;
in socio-cultural;
in political administrative.

2. Regarding the object to which an encroachment was committed: on public, public order, public security, property, civil rights and health.

3. Depending on the mold: intentional or careless.

4. According to the nature of the enlarged offense, there are: as a result of its absence or its absence.

5. Depending on how the subject was performed by an offense: an individual or legal entity implemented.

As you can see, the COAP (the types of administrative offenses are considered by this particular code) covers a large enough of the Company's vital.

Subject and subjective side offense

Now you should figure out in more detail in the composition of the atrocity. So, as already mentioned, the subject is that the person who intentionally or accidentally accomplished the actions that led to undesirable consequences. Naturally, it should be responsible for the deed. However, if all manipulations were reproduced in a state of insaneness, the guilty can avoid punishment. As for the subjective side of the offense, it also has its own elements:

Wines. Without it there is no violation.
purpose. This is the result to which a person seeks or implies it.
Motive. He is exactly the driving aware of the reason that prompts the face to act just like that, and not otherwise.

It must be said that there are also special and special subjects. The first type includes drivers, officials and minors. The second form includes military and other people who apply to the provisions of the disciplinary statute. Separate types of administrative offenses require strictly prescribed punishments.

Object and objective side of the violation of the administrative order

What types of administrative offenses exist, you already know. Now you need to consider it more about it, what is the object and the objective side of the offense. So, we will deal with the first term. The object is that order or relationships that have long been settled by legal norms and are mandatory to fulfill each citizen of society. They are protected by special responsibility measures. In addition to the CAC, such relationships may be further regulated by other codes: environmental, labor, land.

As for the objective side, it is an external manifestation of a violation of the established law. It includes such elements: undesirable consequences that have come, as well as the act or inaction, which led to them. Another feature of the objective side is the relationship between violation and result. Otherwise, there is no composite composition. For example, the objective side can include a violation of the rules of the PDD, which is manifested in non-compliance with the distance of the movement, the requirements of road signs, exceeding the resolved speed. The consequence of such actions may become a traffic accident or emergency creation.

If we talk about the material composition, then an example may be a disorder of fire safety, which leads to destroying or damage to property. Naturally, in this case it is necessary to investigate and collect evidence.

The objective side includes other components, thanks to which the type of responsibility is determined: the place and method of committing the act, the nature of the offense, as well as the likeness and repetition of the violation.

The concept and purpose of administrative recovery

Types of administrative offenses in the Russian Federation you have already considered. Now you should talk about responsibility. First of all, it is necessary to understand the very concept of administrative recovery. This is a practical form of expressions of responsibility. Recovery is carried out, assuming such goals:

Warning. Punishment as a preventive measure is designed to ensure compliance with the orders established in society. Anyone who wants to break them will not be done if he knows that it will suffer for this certain responsibility.
Punitive. The violator of the law must be sure to answer his acts.
Educational.
Restorative. If his actions caused any damage to their actions, then it must be compensated.
Signaling.

Types of sentences

Now we should consider what forms of penalties is expressed by the responsibility of the violator to society. They are not so much. For different types of administrative offenses (the COAP of the Russian Federation prescribes various punishment measures) there are only 7 main types of recovery:

A warning. It is most often used if an unlawful act was committed for the first time and is not considered malicious, did not lead to any consequences. It must have a written form. A physical person and legal entry can be involved in such a recovery.
Administrative penalty. This is already material recovery for the damage that caused the violator. Its size depends on the established subsistence minimum and severity of atrocities: from 5,000 to 200,000 rubles. In any case, the amount of funds that are charged must be a multiple value of damaged property. Such a punishment cannot be applied to those persons whose behavior is governed by special charters (military personnel, cadets and others).
Seizure of the subject (compensated).
Property confiscation (subject). It is produced in favor of the state. In this case, the subject can be sold during trading. From the existed amount, the amount of damage is counted, as well as the cost of organizing the sale. The remaining tools are given to property owner.
Mandatory (corrective) work. It is obliged to engage in such difficulty in a free time from the main work. It is considered socially useful and free. The violator can get from 20 to 200 hours of mandatory work. However, it is obliged to exercise them for no more than 4 hours a day. There are categories of persons to which such punishment cannot be applied: disabled, pregnant women and others.
Deprivation of special rights. It is made in the event that the face has not been violated the established procedures for the first time, for example, the rules of the road. The deprivation period is from 1 month to 3 years. It should be noted that special rights can not be deprived of those persons for which it is the main source of income.
Administrative arrest. It provides for the isolation of the violator from society for up to 15 days. It can only be appointed judge. It is installed only in some cases a particularly malicious violation of the order. And can also be applied administrative detention. However, it should be used only in cases where there is no possibility to find out the identity of the intruder. Detention can last no more than 3 hours.

There are additional types of punishments:

Disqualification. It can last from 3 months to 3 years.
Ban on visiting various competitions.
Suspension. Used in the event that a person who is conducting business violates the main rules for the implementation of its maintenance and development, for example, does not issue relevant legal documents. The maximum term of such punishment is 90 days.
Administrative expulsion outside the state. It occurs under the control of special organs. Such a measure is used if a person who does not have citizenship or who is subject to another country committed such a atrocity that is equal to the actions of officials. Such a punishment does not apply to military personnel. Only court can make such a decision.

As you can see, the administrative offense (concept, species and other features we have considered earlier) cannot be left unpunished.

Features of administrative responsibility

This question is also very important and necessary for those people who do not want to get into an unpleasant story. Since the types of administrative offenses and administrative responsibility you already know, you need to still figure out their features that are quite a lot:

The subject of the submitted offense can only be a person who realized its actions at the time of their commission, that is, it is considered sane.
The main document that gives the right to attract the violator to the answer is the protocol. It is made up immediately at the place of implementation of the offense.
If a person who does not adhere to the public rules has not yet reached 16 years, he still answers his acts as well as an adult. At the same time, it can be considered in the presence of his parents, and without them. Especially if they were notified, but for a valid reason could not visit the meeting.
According to Article 3.3 of Part 2 "Types of Administrative Offenses", detention or arrest are a maximum punishment measure and can only be applied in exceptional cases.
All cases associated with such a kind of misconduct are considered at the place of residence of the person.
The notice that the hearing will go on the case are transmitted using the agenda or other means of communication.
Article 3.3 "Types of Administrative Offenses" states that all types of punishments can be applied both in the form of basic and additional measures.
The decision on the case cannot be submitted later than 2 months after the commission of atrocities.
It is possible to appeal the decision within 10 days after it is submitted. The application should be submitted to the district court.
If a penalty is assigned to the offender, then it must pay it within a certain period. Naturally, it should be done voluntarily. Otherwise, if it is not paid within 70 days, funds will be held forcibly.
The execution of the judicial decree is made immediately after it enters into legal force.
All types of administrative offenses and administrative responsibility do not entail any criminal record.

That's all. Now you know what an administrative offense is, the concept, composition, types of penalties and other information on this topic. Despite the fact that criminal records such misdemeanors do not entail, they still do not need to make them. Be law-abiding citizens. Good luck!

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, method, 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.

Administrative offense - an unlawful guilty action (inaction) of a physical or legal person, for which the CACAP or the laws of the subjects of the Russian Federation is established.

Signs of administrative offenses

Public Danger (Public Humanity) The result of the administrative offense is damaged to the rights and legitimate interests of citizens, organizations and the state. This feature does not follow from the definition of an administrative offense, but a number of figures identify it as a mandatory.
Anti-vitality - means that as a result of the offense, legal processes are violated, which are established.
Guilt - The act is recognized as an administrative offense only if it is prepicted. The person cannot be attracted to administrative responsibility for innocent causing harm.
Sandage - means that administrative responsibility measures have been established for the commission of administrative offense.

Types of administrative offenses

I.. According to the composition

Material - offense, as a result of which social and dangerous consequences are coming
Formal - crimes, as a result of which social and dangerous consequences are coming

II.. Ordinary, last and repeated

Ordinary - crimes that end after the cessation of any illegal action
The focused - offenses, which are in connection with the non-fulfillment or improper fulfillment of duties assigned to the violator
Continued - a few homogeneous actions aimed at committing one offense

III. By the generic object (indicated in the chapters of a special part of the CACA)

Offenses affecting the rights of citizens;
Offense in the field of property protection;
Environmental Offenses
other.

IV. Depending on the form of acts

Intentional offenses
Careless offense

Administrative law is one of the branches of law regulating public relations in the management sphere of various bodies: public and private. When considering the concept, the subject, the subject and object of the administrative offense, the subjective, objective side, respectively, use certain protection methods. But first things first.

Essence of administrative law

From a scientific point of view, an administrative offense is a branch of jurisprudence, considering the systems of administrative and state-managerial ideas, views, ideas about the laws in the field of management, the social efficiency of the draft law, the trends of reform and development prospects. So, the following subproductions of administrative law can be distinguished:

Classification and structuring of laws on state management activities.
Consideration of social conditioning and efficiency of bills.
Studying the patterns of reforming management legislation.
Drawing up plans for development prospects.
Studying the history of the emergence and fundamental principles.

The last item requires special attention. Only on the basis of the study of historical sources can be understood as the ability to prospects in the future and prevent errors in the preparation of new bills. As G. Hegel said: "The story has a property to repeat," and very often what is happening now, already had analogues in the past. For this reason, the study of the primary sources of administrative law is necessary for reform and forecasting the prospects for development.

The legislative framework

Regulation of administrative law is carried out on three levels: federal, regional and municipal.

Federal Level

Constitution of the Russian Federation and the resolution of the Constitutional Court.
Administrative Code of Administrative Offenses).
Decrees of the President and Government of the Russian Federation, the Chambers of the Federal Assembly.
Other regulatory acts of federal executive authorities.

Regional level

Charters and laws of constituent entities of the Russian Federation.
Decisions of constitutional courts of subjects.
Regulatory acts of senior officials, legislative and executive bodies of subjects.

Municipal

Charters of municipalities.
Regulatory acts of administration, head of municipality and representative bodies.

Consideration of an administrative offense case can be made in the Arbitration Court (at the Regional and Municipal Level) or in the Supreme Arbitration Court (at the Federal and Regional).

Subject, object and subject of administrative law

The subject (general facility) of administrative law is public relations arising from the implementation of the executive. It is not necessary to be confused with the subject of encroachment - a thing directly related to the crime, for example, with bribery, a bribe itself.

There are three types of administrative offense objects:

The generic object is part of the common facility. As a division criterion, the object of activity of the facility is most often taken; industrial, transport, agricultural, etc.; or the components of social relations: maintaining public order, the right of citizens on management activities. The concept of generic object is associated with the special part of the CACAP.
The species object is a sub-sector generic. General group of public relations in a definite chapter. Such a system allows you to consider the types of social relations and offenses in more detail.
The direct object is a species object in a narrower sense - a specific branch of public relations.

The main features of the object of the administrative offense are protection in accordance with the Administrative Code (CACA) and the attitude towards the rights of citizens. For example, the object in the law on freedom about religion is human rights.

The direct object of the administrative offense is called the part of which damage is caused during the violation. With bribery, this is the normal financial functioning of the organization, as well as the legitimate interests and rights of citizens, since the cottage is carried out for incitement to a larger impairment.

Species and immediate objects are the main structural components of the administrative offense.

Parties offense

When considering the object of administrative offense, this design is used as the objective side - an offense and consequences of it. Moreover, there is a significant difference between the unlawful act and action:

Act is a conscious concrete action or inaction that caused harm to society.
The action is the conscious behavior of the subject, which caused a violation of public relations.

The act can be one-time collective (consists of identical actions) or the last (entails long-term non-fulfillment of responsibilities).

The consideration of the administrative offense case is subject to not only actions that violate the rights of citizens, but also inaction, as a result of which human rights were violated (so-called harmful effects) or harm to the environmental state.

The case of a violation contains the following items: an illegal effect itself, its consequence and a logical connection between them. The subject and the object of administrative offenses is found after the analysis of each item.

Formal and material consequences

The composition of the administrative crime implies two possible consequences. If the offense did not affect material consequences, then it is called formal. And it is administrative offenses (unlike crimes) have a formal composition. An example of such a violation is an excess of the speed driver (Article 12.9 of the Code of Code), but if the accident happened due to exceeding the exceeding, the case should be considered from a material point of view.

The material consequence is the mandatory attack of harmful circumstances in connection with the offense. Moreover, the circumstances must first occur, and then be considered as material damage. For example, a fire safety disorder in the building: no evacuation plan or fire extinguishers. If such a situation has not resulted in a fire or death of people in the building, then the Administrative Office, in accordance with Art. 20.4 h. 1 and 2, considers the effect from a formal point of view. If led something material.

Fundamental principles of administrative law

Before considering examples of administrative offenses, it is necessary to understand how punishments differ in various cases or administrative law methods:

Prescription - the requirement to be present in a certain place or to fulfill certain actions that do not entail legal consequences.
Ban - veto on certain actions under the fear of applying appropriate penalties - disciplinary or administrative penalties;
The permitting is to provide options for choosing behavior in a certain situation.

In addition, the permitting is considering providing opportunities to act or not act in specific situations prescribed by the administrative and legal norm. For example, a citizen can independently decide whether the illegal actions of the official appealed. This moment is essential in the implementation of the subjective rights of residents of the Russian Federation.

Examples of objects of offenses

An example of the objects of administrative offenses can serve the destruction of pasture or ameliorative lands, the destruction of animal habitats. In this case, the subject of the offense is its own object, since the violation itself is openly material.

But this is an absolutely clear crime. In most cases, administrative offenses make disorganization into the work of a state body or a private company, which will lead to a violation of public relations. For example, a violation of the rule of crossroads, which entails a sharp braking of another driver and violates the move on the road.

Examples of administrative offense

The most common example is small hooliganism (Art. 20.1). Its definition is extremely circumferential: it is expressed in opening dislike to society with a violation of public order. The composition usually includes obscene vocabulary addressed to a person or group of persons, sticking to other citizens and damage to private property.

Art. The 15th Code of the Volgograd region establishes strict responsibility for non-extent without valid reasons for regular honey. Inspection of patients with HIV infection, tuberculosis or other infections that are transferred to the sexual way.

Art. 5.26 On discrimination - violation of freedom and natural human rights and citizen because of its religion, skin color, gender, race, etc. In some cases, this violation takes place with small hooliganism.

Art. 14.1 reads about conducting illegal entrepreneurial activities. Any activity related to business on the territory of the Russian Federation should be legally decorated and regulated. The article considers several points: activities without registration, without a license (if necessary), with violation of the rules for conducting activities (separately - with a gross violation of activity). It is worth noting that the rude offense is established by the judge themselves based on the analysis of the protocol.

Art. 19.1 On municipality - self-defense decision on the procedure for the implementation of its valid or imaginary (intended) law, if it did not follow significant damage to individuals and legal entities.

Chapter 25 considers the procedure for the work of the authorities to establish administrative offenses and persons participating in the process: the prosecutor, the defendant, the victim, defender, the defendant, etc.

In addition to open offenses, the Code provides for a punishment for violating the deadlines for submitting applications, calling, providing certain information to state and other bodies. This is an open example of inaction that caused an offense.

How is the court?

Consideration of an administrative offense case, in contrast to a criminal, can pass without facial. The consideration regulations are registered in Article 29.7 of the Code of Code of the Russian Federation:

The judge is declared, the case itself and the corresponding law.
The fact of appearance or non-appearance of an individual is confirmed.
Explained the rights and obligations of participants in the case.
The verdict is made about the consideration of the case by the subordinate authorities.
Drawing up an administrative protocol.

The deposition of consideration is possible in cases: the obligatory turnout of the violator, attracting a specialist in a certain area, the statement of the judge on the discharge.

Nuances of administrative offenses

During the consideration of an administrative offense case, the protocol is very carefully studied. It detends the nature of the crime: intentional or committed by negligence. These factors make a significant contribution to some issues. For example, Art. 5.14 speaks only about intentional destruction or damage to private materials. If the action was committed by negligence, the citizen is not administrative responsibility.

In the administrative protocols, judges pay attention to such words as: preventing, concealing, evasion, obviously false (indications). But this is only part of the analysis. The complete conclusion can be made only on the basis of a complete study of the composition of the crime.

When considering the objective side, the crime of the judge uses such concepts as: time, place, character and method of crime, as well as repetition, systematic, maliciousness and repeatedness. Moreover, uniform crimes are considered repeated, and systematic - committed several times during the year.

Thus, the concept of an administrative offense object, knowledge of basic legislative principles is necessary to regulate their own actions in society. Of course, it is impossible to learn the entire code, but many of the items can never touch a person, for example, an obligatory appearance point in the draft board upon reaching a certain age is valid for the male part of the population.

Today, responsibility for offenses related to public administration provides for administrative punishment. The essence of administrative offenses is that harm is applied to public or state order, rights and freedoms of citizens, property, and so on.

The administrative offense has the following signs:

there is always an encroachment on any priorities, as well as the values \u200b\u200bof the state or society. Administrative offense infringe upon someone's interests and rights;
this offense adversely affects the vital activity of the state and society, breaks the established public order;
the administrative offense is illegal.

Regulatory legal acts that concern administrative offenses are sooner or later coded. Note that to enable in the code - this means to systematize, streamline. The Code of Administrative Offenses of the Republic of Kazakhstan, Ukraine, Russia and other countries have a lot in common. In principle, the system of punishment is used by the same.

Administrative offense is an unlawful effect that will re-read the standards specified in the laws. It can be expressed not only by actions, but also inaction. The behavior of the face with all this should be inherent in the volitional character. This is that a person must be aware of what does, understand the inevitability of the attack of a negative result.

Administrative rules have a goal - the preservation of state discipline, as well as public order. Administrative offense, examples of which can be caused a variety of, may be due to traffic violations, rules of behavior in trade rules, fishing, hunting, military registration rules, and so on.

Mandatory rules are always addressed to the circle of persons who are wide. It is meant that some of them only apply to legal entities, some of people working in the business industry, some exclusively to officials and so on.

The administrative offense may be associated with the action or inaction of the subject. Under action it is understood nothing but an active form of behavior of a person who committed an offense associated with the failure to fulfill certain duties, violation of prohibitions, legitimate requirements, and so on.

Under inaction, the passive form of behavior is understood. It is connected with violation of prohibitions, non-compliance with legitimate requirements, specific responsibilities.

Allocate to separate one administrative offense from another. The composition of this offense is a set of offense elements, which is established by law. If there are all necessary signs, the act is recognized by the antisocial and the sanction may be appointed for it in accordance with the norms of administrative law. The legal staff is the only basis for administrative responsibility.

Elements (signs), which have an administrative offense:

subjective side;
subject;
objective side;
an object.

The facility is understood by those who suffered because of an administrative offense, the objective side is associated with the oppression of acts. The subject of administrative law is a person who committed it, and the subjective side is associated with the specific circumstances of its commission.

The administrative offense is the basis for most often it is made in an extrajudicial manner.