The composition of the administrative offense, the concept of signs
Throughout the entire period of the existence of human society, the problem of committing administrative offenses was highly relevant. It remains the same today. In addition, this problem does not lose its significance in any formation and structure. The fact is that offenses were allowed at all times. They exist today. In this article we will look at what an administrative offense is. The concept, characteristics, composition and main types of this offense will not be ignored either.
Definition of term
An administrative offense is a legal and social antipode of normal human behavior in society. According to the Administrative Code, this term means the action or inaction of an individual, which encroaches on public or state order, freedoms, property and rights of citizens. At the same time, for such offenses the legislation assumes administrative responsibility.
The essence of this offense lies in its danger to society. This is the cause of unconditional responsibility for its commission.
An administrative offense is a misdemeanor that encroaches on the established public order, causing him certain harm. The undesirable result of the action or inaction of a person can manifest itself in different ways. This is either actual damage (ticketless travel or petty theft), or the creation of certain conditions for its infliction (violation of fire regulations).
Signs of administrative offenses
When one or another offense is committed, first of all, the degree of its danger to society is considered. Administrative offenses differ from crimes in that they do not cause significant harm.
In order to attribute the crimes committed to one category or another, it is necessary to know their main features. For administrative misconduct, this is:
- the commission of an action or inaction by one person or group (this does not include the conclusions or desires of the individual);
- encroachment on public or state order, freedom,property or the right of citizens, as well as the procedure established by law;
- administrative wrongfulness;
- acts of a legal as well as an individual;
- the presence of guilt;
Differences between administrative offenses and crimes
When committing attacks on an object, legal relations of different nature and content may arise. Often they depend on the nature and intensity of the actions applied. So, some offenses are defined as petty hooliganism. They are distinguished as administrative misconduct. In the commission of malicious hooliganism, the norms of criminal law come into force. The same acts can be applied to minor offenses committed repeatedly during the year.
That is why, in order to understand what type of offense a particular act belongs to, it is necessary to understand its social essence and consequences for public life. In the legislation of the Russian Federation there are a number of rules indicating that the perpetrator must be brought to criminal responsibility in the presence of aggravating circumstances.Otherwise, it is waiting for administrative responsibility.
Composition of the offense
The legislation stipulates cases in which legal liability arises. For her to appear must be part of an administrative offense. At the same time, it is coordinated with the constitutional principles existing in the state and is considered from the point of view of the requirements of justice.
The composition of an administrative offense is a combination of certain features established by law, in the presence of which the offense in question falls into the category of administrative offenses. At the same time allocate:
- The object of the offense (these are those social relations, on the normal course of which infringed the guilty person);
- the objective side, which is a specific act;
- The subject (person) of the offense;
- the subjective side or guilt in the form of negligence or intent.
The absence of an administrative offense occurs when it is impossible to determine all the above signs of misconduct when considering an act. This circumstance excludes the proceedings.Sets out the administrative offense of the Administrative Code. His articles fully reflect all parties to unlawful misconduct.
But even in the case when there are all signs of an administrative offense, the question of the application of punishment may not be considered. This is due to:
- non-achievement by an individual of that age, which is provided for in the Administrative Code of the RF;
- insanity of the individual who committed the wrongful offense.
The law stipulates that only persons who have reached the age of sixteen are administratively liable. Such a rule is in accordance with the Administrative Code (Article 2, Part 1).
Article 2.8 of this document indicates the exclusion of the possibility of administrative punishment for an individual who, at the time of his offense, was in a state of insanity. In other words, it could not be aware of the wrongfulness of its own actions or inactions. The reason for this, as a rule, becomes a painful mental state, dementia, as well as temporary or chronic mental disorders.
The object of the offense
This is one of the main elements that make up an administrative offense. This includes such public relations, which are regulated and protected by the provisions of administrative law. At the same time, the penalty for non-compliance is provided for in Article 32 of the Code of Administrative Offenses.
Objects as elements of an administrative offense:
- relations in society in the sphere of finance and trade;
- The rules of the permissive system of a state nature (the admission of subjects in the sphere of finance and trade);
- legal barter in the provision of services, the sale of goods and the production of works;
- full reflection of sales revenue and proper tax calculation.
The task of the legislative sphere relating to administrative offenses includes the protection of public health, the protection of social norms of morality, as well as concern for the observance of a proper attitude to the environment. This is indicated in the Special Part of the Administrative Code. That is why this Code contains various norms of administrative responsibility. It provides for certain measures of administrative punishment for violating the political, labor and electoral rights of citizens, as well as for acts harmful to people's health.So, there is the responsibility of persons in the line of duty for violating the requirements for the operation of public and residential premises, sanitary and epidemiological norms, and so on. Administrative punishment is provided for the promotion of psychotropic and narcotic drugs. The protection of the rights and health of citizens is described in Chapter 8 of the Code of Administrative Offenses.
The object of an administrative offense, according to the current legislation, are all forms of ownership. For damage, destruction or petty theft of property belonging to legal entities or individuals, the penalties specified in Chapter 7 of the Administrative Code are provided.
Tasks related to the protection of property are inseparable from the protection of the economic interests of citizens and business entities. That is why the Code on Administrative Offenses Code introduced the rules relating to penalties for non-compliance with safety rules on the road, protection of electrical networks, etc.
The legal structure of an administrative offense in terms of such an element as an object includes the protection of public order and security. The special part of the Administrative Code provides for responsibility for disorderly conduct, that is, for those actions that are an expression of disrespect for society.Here you can find an article about the punishment for non-compliance with the rules of storage, as well as the carrying of ammunition and weapons.
The structure of the administrative offense includes a common object, which is a social relationship. These relationships arise in the process of executive and administrative activities, are in the field of labor and customs, financial and land, as well as other branches of law.
The concept and composition of an administrative offense include a generic object. In his capacity are the freedoms and rights of citizens, property, personality, the order of management, public security, relations in the economic sphere.
Each particular offense has a specific (immediate) object of encroachment. They can be the dignity and honor of a citizen, public morality, etc.
When considering the subject matter of an offense, it is important to identify the particular rule of law, standard, rule, or legal requirement that the perpetrator violated.
The objective side of the offense
This element of the composition of administrative offenses is a statutory system of signs reflecting its external manifestations.The most important of these is the one that determines the perfect action, as well as inaction. This may be a trade or theft, evasion or storage, etc.
Thus, the action is an active failure to comply with laws and regulations, as well as a violation of the imposed prohibitions. An example is the failure to comply with the rules of hunting. Inaction, however, is a passive non-performance of duties. This may include ignoring the rules of fire safety.
The objective side of the misconduct has its own characteristics. Moreover, their formation is carried out around the basis of the offense - the act. In the list of signs of the objective side, which is part of an administrative offense of the Russian Federation, is:
- location (railway track, border zone);
- time (season for hunting, fishing);
- method (forgery of documents, forms, stamps), etc.
The objective side of the misconduct has an important component in the form of persons who do not perform:
- The legal requirements of a police officer;
- orders of the bailiff or judges;
- the requirements of the prosecutor, the investigator, as well as another official who is considering the composition of the administrative offense case.
In addition to all of the above persons, the objective side includes those offenders who were guilty of illegal assistance in registering vehicles, as well as in carrying out activities on the employment of Russian citizens abroad, etc.
Subject of the offense
In this element in the composition of the administrative offenses include individuals and legal entities. Moreover, economic entities can be punished in cases of non-compliance:
- environmental standards;
- land legislation;
- customs law;
- requirements in the production of building materials and construction;
- tax legislation;
- fire safety;
- antitrust laws;
- environmental and health regulations;
- currency legislation and so on.
The list of subjects of administrative offenses can get officials who are not performing or improperly performing their official duties. This is stated in Article 2.4 of the Administrative Code. The composition of an administrative offense as a subject can also consider the actions of foreign citizens, those who do not have citizenship, as well as non-resident enterprises.When they commit misdemeanor on the territory of the Russian Federation, they are also prosecuted. And this is done on a general basis (Article 2.6 of the Administrative Code).
For some officials, there are additional grounds that reinforce the applicable administrative penalty. This category includes trade workers, drivers, etc. Some persons, in the performance of their official duties, bear additional administrative responsibility for the omissions or actions of persons subordinate to them.
Some legislative restrictions exist for citizens who are at military gatherings, for military personnel, pregnant women, as well as for mothers who have minor children.
The subject of an administrative offense is always responsible administratively for their actions. However, there are some exceptions to this question. So, for military personnel, as well as for civilians, the concept, characteristics, composition, and also penalties have the same administrative violation. However, those who pass military service for a number of misconduct may be subject to disciplinary responsibility.This is stated in the article under number 2.5 of the Administrative Code.
However, not all citizens of our country are subjects of administrative responsibility. According to the general rule, persons under the age of 16 are not subject to such punishment. At the same time, such a feature as its subject will be absent as part of administrative offense. The same case will occur when an individual is in an insane state at the time of the commission of illegal actions.
This feature of the composition of administrative offenses is a mental attitude of the subject who committed the offense to the consequences of his action or inaction. In this case, it can be expressed in the form of carelessness or intent. Based on this, in which cases there is a full corpus delicti? Article 2.2 of the CoAp indicates that there must necessarily be a person who has committed a wrongful omission or action, expressed in the form of negligence or intent. At the same time there should be other signs of the composition of the offense.
A full description of the composition of an administrative offense is impossible without consideration of such a thing as guilt.It is expressed in the psychological attitude of the person to the deed, as well as to the possible negative consequences of the offense.
Wines - is an element included in the legal composition of an administrative offense. However, her presence is clearly not enough for a person who has committed a misdemeanor to be brought to justice. This is due to the fact that the subject of an administrative offense must be of an appropriate age and be capable of action. For example, the guilt of the act will be absent if a minor or incapacitated citizen has violated the rules of the road.
The subjective side is an important feature in the crime. She points not only to the guilt of the violator of legality, but also to the goal, as well as to the motive of his act.
The CAO also provides for cases when an administrative violation case must be terminated. This becomes possible without the guilt of a citizen.
Somewhat differently, the subjective side is defined for legal entities. In Art. 2.1 of the Administrative Code indicates that enterprises and organizations are considered guilty of committing a wrongful act, if they could not violate the rules and regulations,but did not take measures to comply with applicable laws. In this case, not only the legal entity itself, but also its director, as well as a number of other employees, may be brought to justice. For this, a separate protocol must be drawn up for each perpetrator.
In the event that the guilt of the business entity has not been proven, it cannot apply any liability measures. What is it expressed in? Unlike an individual, the act of an organization cannot be viewed through the lens of carelessness or intent. In this case, it makes no sense to search for volitional and intellectual moments of committed acts. Legal law treats the concept of guilt of a legal entity in two ways, considering the subjective and objective aspects.
The first of these is expressed in how the organization considers the wrongful act. At the same time, the attitude of employees and representatives of a legal entity to the violation of legislation is studied.
In determining the composition of the administrative offense is considered and the objective fault of the organization. It depends on the committed act and is conditioned by the objective side that is part of the offenses.The choice of this or that approach, as a rule, depends on the specifics of non-compliance with the law.
Grouping of administrative offenses
All the above features allow you to mark certain types of their totality. There are such elements of administrative offenses as:
- material and formal;
- simple and skilled;
- unambiguous and alternative.
Such types of compositions of administrative offenses, as material, contain signs of the occurrence of negative material consequences or leading to such. The size of the damage caused is described by law in order to properly classify the offense and to bill the guilty person for damages. In formal formulations, there is no sign of the onset of negative effects.
Such types of elements of administrative offenses, as simple, take place in a particular act without any reinforcement. But sometimes when considering such a misconduct, qualifying factors are introduced into it. They reinforce the negative power of the act, which makes it possible to consider the offense under a different paragraph of the article.In this case, the culprit is waiting for a more severe punishment for their actions.
If only one act acts as an administrative offense, the corpus delicti is considered unambiguous. But sometimes the guilty person commits several illegal acts. In such cases, the composition of the offense is an alternative.
The full list of sanctions applicable to the perpetrators is provided in Article 3.2 of the Code of Administrative Offenses. This list is strictly regulated and is not subject to extended interpretation. Thus, a guilty person may be assigned:
- warning (official reprimand);
- a monetary penalty, provided in the form of a fine;
- seizure or confiscation of the subject or instrument of an administrative offense;
- deprivation of rights (determined only by the court);
- the imposition of an administrative arrest;
- expulsion from the country;
- disqualification in terms of employment by an individual in a management position.
Administrative responsibility comes after the authorized body or its official decides on the application of an administrative penalty to the person who committed the unlawful act.