Administrative offenses

Administrative offense: concept, characteristics, composition

An administrative offense is the actual basis for administrative liability. The definition of an administrative offense is given in Art. 2.1 Code of Administrative Offenses of the Russian Federation. — This is an unlawful, guilty action (inaction) of an individual or legal entity, for which administrative liability is established by the Code of the Russian Federation on Administrative Offenses or the laws of the constituent entities of the Russian Federation on administrative offenses.

Signs (traits) of an administrative offense are antisocial orientation, illegality, guilt and punishability of the act.

1. An act is an act of volitional behavior, manifested in the form of action or inaction.

2. Action is an active failure to comply with a legal requirement in the form of an obligation or legal requirement, a violation of an established prohibition, rule, norm, standard.

3. Inaction is passive behavior, expressed in a person’s failure to perform those actions that he should and could have performed due to his duties.

4. Illegality . The wrongfulness of an act lies in the fact that it violates a specific rule of law

5. Guilt . To be recognized as an administrative offense, an unlawful act must be committed guilty, i.e. in the form of intent or negligence (Article 2.2 of the Code of Administrative Offenses of the Russian Federation) both to the act itself and to its consequences.

6. Punishability . Any responsibility is meaningless without a reaction from the state to illegal behavior. Administrative punishment is a public legal, state assessment of an act as an administrative offense, and the person who committed it as obligated to endure the restrictions imposed on him. Punishability serves as a means of ensuring the implementation of administrative and legal prohibitions.

7. Social nuisance . Of course, every administrative offense causes harm to a specific object or creates a threat of causing such harm. The overwhelming majority of lawyers see this as a social hazard or danger of an offense.

Administrative offenses can harm those interests and objects that are enshrined in Art. 1.2 Code of Administrative Offenses of the Russian Federation, i.e. personality, human and civil rights and freedoms, citizens' health, sanitary and epidemiological well-being of the population, public morality, the environment, the established procedure for the exercise of government power, public order and public safety, property, legitimate economic interests of individuals and legal entities , society and the state.

An administrative offense is a set of characteristics established by law, in the presence of which an antisocial act is considered an administrative offense.

Composition of an administrative offense:

- the object of the offense (social relations regulated by the rules of law, protected and protected by measures of administrative responsibility);

- the objective side (specific actions or inactions, expressed in violation of the rules established by legal norms, having an antisocial orientation, illegality, as well as their consequences and the causal relationship between the committed act and the resulting result);

— the subject of the offense (individuals and legal entities capable of being held responsible for the committed acts, i.e. having administrative tortious capacity );

— the subjective side (the mental attitude of a subject who is an individual, or the subjective attitude of a subject who is a legal entity, to an unlawful act and its consequences, that is, the guilt of the subject.

Only the presence in the aggregate of all these elements, enshrined in legal norms, can entail administrative liability.

The elements of administrative offenses can be classified according to any of the characteristics included in them, as well as depending on the characteristics of the legal means used in their construction (descriptive and blanket elements, unambiguous and alternative, casuistic and generalized).

The design features differ:

1. Material elements of administrative offenses that contain a sign of the occurrence of harmful material consequences of an unlawful act (for example, Article 12.24 of the Code of Administrative Offenses of the Russian Federation) or describe an action that necessarily entails harmful consequences, although the latter are not clearly defined by law (for example, Article 8.6 of the Code of Administrative Offenses of the Russian Federation) ;

2. Formal elements of administrative offenses in which there is no sign of harmful material consequences (for example, Articles 19.3, 20.4 of the Code of Administrative Offenses of the Russian Federation); For formal offenses, the occurrence of property damage is not a constructive feature, but is taken into account when assigning an administrative penalty.

Depending on the degree of generalization of the signs of administrative offenses, their elements are divided as follows: casuistic - as a rule, they cover a relatively narrow group of acts (for example, Article 9.7 of the Code of Administrative Offenses of the Russian Federation); generalized - cover a wide group of acts (for example, Article 6.3, Article 20.1 of the Code of Administrative Offenses of the Russian Federation).

Based on the subjective side, administrative offenses can be divided into intentional and careless, and based on the motive of behavior - into selfish, committed for the purpose of generating income, and non-selfish.

Administrative responsibility in the Russian Federation: concept, signs, principles

Concept. Administrative responsibility is a type of legal responsibility, which is expressed in the appointment by a body or official vested with the appropriate powers of an administrative punishment to the person who committed the offense.

Signs:

1. Administrative liability in most cases is extrajudicial liability. Administrative punishments are imposed by officials of a significant number of state bodies of the executive branch or by certain collegial bodies out of court, although judges also consider a significant number of such offenses. All these bodies are subjects of administrative jurisdiction;

2. Administrative punishments are imposed by officials on offenders who are not subordinate to them in service. On this basis, administrative responsibility differs from disciplinary responsibility, in which penalties are applied mainly in the order of subordination by a higher body or official;

3. Since administrative liability occurs for acts that are less dangerous than crimes, administrative penalties, as a rule, are less severe than criminal penalties;

4. The application of administrative liability does not entail a criminal record of the person who committed the offense. This person is considered subject to administrative punishment within one year from the date of completion of the punishment;

5. An essential feature of administrative liability is the fact that the subject of liability can be not only individuals, but also legal entities. Legal entities are subject to administrative liability regardless of location, organizational and legal forms, subordination, as well as other circumstances;

6. Unlike criminal liability, which is established only by federal law (the Criminal Code of the Russian Federation), administrative liability is established by the Code of Administrative Offenses of the Russian Federation and the laws of the constituent entities of the Russian Federation on administrative offenses adopted in accordance with it.

Principles:

1. The principle of legality (a person brought to administrative responsibility cannot be subjected to administrative punishment and measures to ensure proceedings in a case of an administrative offense other than on the grounds and in the manner established by law. Application by an authorized body or official of administrative punishment and measures ensuring proceedings in a case of an administrative offense in connection with an administrative offense is carried out within the competence of the specified body or official in accordance with the law);

2. Individualization of responsibility (in the process of bringing to administrative responsibility it is necessary to examine the entire complex of factors defined by law, avoiding templates and stereotypes);

3. Responsibility of the subject of law only for his own misconduct (the subject who has committed an administrative offense is brought to administrative responsibility);

4. Responsibility only for guilty acts (the subject is subject to administrative liability only for those administrative offenses for which his guilt will be proven; liability without guilt is unacceptable);

5. The principle of justice (consists in the fact that punishment should be proportionate to the crime);

6. The principle of expediency (assumes compliance of the chosen measure of administrative and legal influence with the goals of administrative responsibility);

7. The principle of humanism (the application of liability measures should not humiliate human dignity, honor and other natural rights and freedoms of citizens);

8. The principle of the presumption of innocence (a person is subject to administrative liability only for those administrative offenses for which his guilt has been established. A person against whom proceedings are being conducted for an administrative offense is considered innocent until his guilt is proven in the manner prescribed by the Code of Administrative Offenses , and is established by a decision of a judge, body, or official who has considered the case that has entered into legal force. A person brought to administrative responsibility is not required to prove his innocence. Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person;

9. The principle of timeliness (consists in the fact that responsibility for an administrative offense should occur as quickly as possible).

Administrative offense

An administrative offense is an unlawful action or inaction of a person for which the legislation on administrative offenses (the Code of Administrative Offenses of the Russian Federation or another legal act of the Russian Federation) provides for liability. The objects of the offense can be public morality or order, property and public health, as well as others.

Important! An offense is recognized as administrative when it does not entail criminal liability. An offense differs from a crime in that it does not have signs of social danger in the sense in which they are contained in criminal legislation. However, some acts may be recognized as both an offense and a crime, for example, copyright infringement or theft.

Signs of administrative offenses:

action or inaction of an individual or legal entity;
guilt - an act can be recognized as an administrative offense only if it is completely intentional or due to negligence;
illegality - an act can be recognized as an administrative offense only if the rules of law of various branches were actually violated: administrative, financial, labor and others;
Punishability of an act – the onset of administrative liability.

Types of administrative offenses

The classification of types of administrative offenses includes two main criteria:

the object of encroachment is property, public order, morality, etc.;
the focus of the action is a separate branch of public administration (ecology, agriculture, trade, industry, etc.).

Based on the specified criteria, the Code of Administrative Offenses of the Russian Federation combines types of administrative offenses into the following groups:

Administrative offenses that infringe on the rights of citizens, for example:
- violation of legislation on freedom of religion, freedom of conscience;
- violation of the legislation on rallies, processions, meetings and demonstrations;
- coercion to refuse or to participate in strikes;
- violation of labor and labor protection laws;
- failure of their parents or legal representatives to fulfill their responsibilities for the maintenance and upbringing of children;
- dismissal of workers due to a strike;
- violation of the rights of citizens to familiarize themselves with the voter list, etc.
Administrative offenses that infringe on public morality, as well as the health and sanitary-epidemiological well-being of the population, for example:
- concealing the source of HIV infection;
- violation of sanitary and epidemiological requirements for drinking water;
- illegal practice of private medical practice or traditional medicine;
- trafficking or storage, as well as the use of narcotic drugs without a doctor’s prescription, etc.
Administrative offenses in the field of property protection, for example:
- unauthorized extraction of amber;
- unauthorized occupation of a land plot, including a forest area;
- violation of the rules for the use of residential premises;
- use of water bodies without permission;
- destruction or damage to someone else's property, etc.
Administrative offenses in the field of environmental protection, for example:
- damage to lands;
- violation of requirements for the protection of subsoil, water bodies and atmospheric air;
- distortion of environmental information;
- illegal logging, destruction of trees, bushes and animal habitats, etc.
Administrative offenses in construction, energy and industry, for example:
- violation of the requirements of regulatory documents in these areas;
- damage to electrical networks;
- unproductive consumption of energy resources, etc.
Administrative offenses in the field of veterinary medicine and agriculture, for example:
- violation of animal quarantine rules;
- failure to take measures to ensure crop protection regime, etc.
Administrative offenses in transport, for example:
- actions that threaten flight safety, water and rail transport;
- violations of fire safety rules in air, rail and sea transport;
- ticketless travel and more.
Administrative offenses in the field of traffic, for example:
- driving a vehicle by a driver who does not have a driving license;
- driving by a driver who is intoxicated;
- violation of traffic rules by drivers or pedestrians;
- failure to comply with requirements to stop a vehicle, etc.
Administrative offenses in the field of communications and information, for example:
- unauthorized construction, installation or design of high-frequency devices;
- illegal activities in the field of information security;
- violation of the order of distribution or production of media products, etc.
Administrative offenses in the field of entrepreneurship, for example:
- carrying out business activities without registration with government agencies or without a license;
- violation of pricing procedures;
- restriction of freedom of trade;
- consumer deception;
- fictitious bankruptcy;
- violation of the collection and processing of information constituting a credit history, etc.
Administrative offenses in the field of taxes and finance, for example:
- violation of deadlines for submitting a tax return;
- violation of deadlines for registration with tax authorities;
- illegal transactions with securities and more.
Administrative offenses in the field of customs, for example:
- illegal movement of goods and funds across the border of the Russian Federation;
- failure to declare goods and vehicles;
- violation of deadlines for payment of taxes and fees that must be paid for goods moved across the border of the Russian Federation, etc.
Administrative offenses encroaching on institutions of state power, for example:
- illegal wearing of state awards;
- failure to comply with the legal requirements of a State Duma deputy or members of the Federation Council;
- failure to comply with the legal requirements of the prosecutor, etc.
Administrative offenses in the field of protection of the State Border of the Russian Federation, for example:
- violation of immigration rules;
- foreign citizens carrying out labor activities in the Russian Federation without permission;
- illegal transportation of persons across the border of the Russian Federation;
- violation of the regime of stay on the territory of the Russian Federation by foreign citizens or stateless persons, etc.
Administrative offenses against management order, for example:
- disobedience to a lawful order of a law enforcement officer;
- disobedience in time to lawful orders and instructions of officials;
- intentional damage or loss due to negligence of a citizen’s identity card;
- forgery of documents, seals and forms, their use and more.
Administrative offenses against public order and safety, for example:
- petty hooliganism;
- violation of the deadlines for registering weapons, including the deadlines for registering them;
- violation of the requirements of the emergency regulations;
- illegal activities in the field of private investigation;
- drinking alcoholic beverages in public places, as well as appearing in these places while intoxicated, etc.
Administrative offenses in the field of military registration, for example:
- avoidance of medical examination;
- failure to fulfill military registration obligations by citizens;
- damage or loss of military registration documents carried out intentionally;
- failure to report information about citizens who are or are required to be registered with the military, etc.

Important! Causing harm by a person due to extreme necessity cannot be recognized as an administrative offense, since the act was committed to eliminate a danger if this danger could not be prevented in any other way.

Responsibility for administrative offenses

The commission of an offense by a person is the basis for the application of penalties, which are administrative penalties. Total administrative legislation in accordance with Part 1 of Art. 3.2. The Code of Administrative Offenses of the Russian Federation implies several types of punishments, among which the main ones are:

fine – monetary penalty in favor of the state;
warning - expressed in official censure of an individual or organization, issued in writing;
deprivation of a special right - deprivation of a person previously granted a special right on legal grounds, for example, to drive a vehicle;
suspension of an organization’s activities – temporary termination of a legal entity’s activities. persons or entrepreneurs for up to 90 days;
confiscation is the forced transfer in favor of the state of an instrument or subject of an offense;
disqualification – deprivation of the right to hold positions in the bodies of organizations.
compulsory work – performance by an individual of free public works in his free time from his main job or study;
arrest - keeping the offender isolated from society, used in exceptional cases;
other types of punishment.

Administrative offenses

Car insurance
Housing disputes
Land disputes
Administrative law
Participation in shared construction
Family disputes
Civil law, Civil Code of the Russian Federation
Consumer rights Protection
Labor disputes, pensions

home
Articles and comments by Human Rights Center “Logos”
Administrative offense. Concept, composition, signs

An administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity for which administrative liability is established by this Code or the laws of the constituent entities of the Russian Federation on administrative offenses (Article 2.1 of the Code of Administrative Offenses of the Russian Federation).

Signs of an administrative offense

From the definition of an administrative offense given in Article 2.1 of the Code of Administrative Offenses of the Russian Federation, the following features can be identified.

1. Illegality of action (inaction) . Illegal – an action or inaction not based on the law (illegal), a violation of the law governing certain relations;

2. Guilty action (inaction) . Guilt in committing an offense is characterized by intent or negligence (a form of guilt).

The definition of the concepts of intent and negligence is contained in Article 2.2 of the Code of Administrative Offenses of the Russian Federation:

An administrative offense is recognized as committed intentionally if the person who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and desired the occurrence of such consequences or consciously allowed them or was indifferent to them.

An administrative offense is recognized as committed through negligence if the person who committed it foresaw the possibility of harmful consequences of his action (inaction), but without sufficient grounds for this, he arrogantly counted on preventing such consequences or did not foresee the possibility of such consequences, although he should have and could have had them. foresee.

3. Subject of the offense . Both individuals and legal entities can be held administratively liable.

Age . A person who has reached the age of sixteen at the time of committing an administrative offense is subject to administrative liability (Article 2.3 of the Code of Administrative Offenses of the Russian Federation).

Foreign citizens . Foreign citizens, stateless persons and foreign legal entities who have committed administrative offenses on the territory of the Russian Federation are subject to administrative liability on a general basis (Article 2.6 of the Code of Administrative Offenses of the Russian Federation).

4. Punishability of the act : administrative liability is established for the committed act of the Code of Administrative Offenses of the Russian Federation or the law of a subject of the Russian Federation.

To bring a person to administrative responsibility, it is necessary not only to have the characteristic specified in paragraph 1 (wrongfulness - an action or inaction not based on the law (illegal)), but also to have a corresponding provision of law providing for administrative punishment.

From the above it follows that it is unacceptable to bring to administrative liability for a unlawful (unlawful) act for which administrative liability is not provided for either by the Code of the Russian Federation on Administrative Offenses or by the laws of the constituent entities of the Federation.

Composition of an administrative offense

An act containing such signs of an administrative offense as illegality, guilt, and punishability may not always be an administrative offense, since a specific act may not contain the elements of an administrative offense.

The signs of an administrative offense as a concept should be distinguished from the elements and signs of a specific administrative offense.

The elements of an administrative offense are a set of characteristics, in the presence of which a specific act becomes an administrative offense.
The composition of an administrative offense is a combination of several elements that contain the same set of characteristics: subject, subjective side, object, objective side.

1) The object of an administrative offense is social relations protected by administrative measures, which are harmed by an unlawful act.

The common object for all administrative offenses is the totality of social relations regulated by the norms of administrative and some other branches of Russian law, which is protected by measures of administrative liability.

A generic object is identified , which corresponds to each of the chapters of the Special Part of the Code of Administrative Offenses of the Russian Federation). For example, the object of offenses grouped in Chapter 5 of the Code of Administrative Offenses of the Russian Federation will be the rights of citizens, in Chapter 7 of the Code of Administrative Offenses of the Russian Federation - relations in the field of property protection, in Chapter 12 of the Code of Administrative Offenses of the Russian Federation - relations in the field of road traffic, etc.

The direct object is identified , which is determined in each chapter of the Special Part of the Code of Administrative Offenses of the Russian Federation by the specific composition of the administrative offense.

For example, the direct object of the attack, according to Article 5.61 of the Code of Administrative Offenses of the Russian Federation, will be the honor and dignity of a person, while the generic object, as mentioned above, will be the rights of citizens.

2) The objective side of an administrative offense is a set of signs that characterize the external manifestation of this offense.

An administrative offense is, first of all, an unlawful act (action or inaction), as well as the harmful consequences that have occurred and the cause-and-effect relationship between them.

Establishing a cause-and-effect relationship is necessary to determine the circumstances of the occurrence of negative consequences, i.e. to determine the validity of the occurrence of such consequences as a result of an unlawful act, and not for other reasons. For example, to bring to administrative liability under Article 12.24 of the Code of Administrative Offenses of the Russian Federation (“Violation of traffic rules or operating rules of a vehicle, resulting in minor or moderate harm to the health of the victim”), it is not sufficient to state the fact that after the accident the victim spent a month in the hospital. It should be established whether the driver, following traffic rules, could have avoided a collision with a pedestrian, or whether the harm to health was a consequence of the unlawful actions of the victim himself. In addition, it is necessary to establish that a short-term or long-term health disorder during the specified period was a consequence of the actions of the person who violated the traffic rules, and not other events that occurred earlier. These circumstances can be established on the basis of expert opinions and medical reports.

Material elements of the offense

The above example describes the material composition of the offense, the objective side of which always includes the occurrence of negative material consequences. As in the example above – harm to a person’s health. The consequence may be a fire, damage, etc. The material composition of the offense assumes that if the consequences specified in the relevant article of the Code of Administrative Offenses of the Russian Federation do not occur, then the person will not be held administratively liable.

Formal elements of the offense

However, most offenses are formal. This means that for the onset of administrative liability of a person, the occurrence of any harmful material consequences is not required. Therefore, there is no need to establish cause-and-effect relationships. The harmful consequences of an administrative offense with material components consist, in the opinion of the legislator, essentially in the social danger of the act itself. For example, in Chapter 12 of the Code of Administrative Offenses of the Russian Federation:

Driving a vehicle that is not registered in the prescribed manner (Article 12.1 of the Code of Administrative Offenses of the Russian Federation);
Driving a vehicle by a driver who does not have documents for the right to drive it or registration documents for the vehicle (Article 12.3 of the Administrative Code);
Driving a vehicle in the presence of malfunctions or conditions under which the operation of vehicles is prohibited (Article 12.5 of the Code of Administrative Offenses of the Russian Federation);
Driving a vehicle by a driver who does not have the right to drive a vehicle (Article 12.7 of the Code of Administrative Offenses of the Russian Federation);
Driving a vehicle by a driver who is intoxicated (Article 12.8 of the Code of Administrative Offenses of the Russian Federation);
Exceeding the established speed (Article 12.9 of the Code of Administrative Offenses of the Russian Federation)
etc.

Optional features of the objective side of an administrative offense

Optional features traditionally include time, method, place, repetition, systematicity, maliciousness, repetition of the act, and the nature of its commission.
For example, the composition of petty hooliganism is formed by actions expressing clear disrespect for society (the sign “ nature of the commission ”), and specifically in public places (the sign “ place ”).

3) The subject of an administrative offense is an individual or legal entity. An individual may be brought to administrative responsibility if he has reached the age of 16 at the time of committing an administrative offense and meets the criteria of sanity, i.e. absence of signs of mental illness at the time of the offense.

General subjects of the offense are any sane person over 16 years of age.

Special subjects of the offense are officials, minors, vehicle drivers, etc.

Special subjects of the offense are military personnel, persons with special ranks, and other persons.

4) The subjective side of an administrative offense is the mental attitude of the subject to an unlawful action or inaction and its consequences.

The subjective side of an administrative offense is characterized primarily by guilt, i.e. a special conscious-volitional attitude of the subject of the offense to the act committed and its consequences in the form of intent or negligence, as mentioned above.

Optional features of the subjective side may be the purpose of committing an offense (the offender’s idea of the desired result that he is striving for) and motive (the motivation that pushes him to commit an offense).

For example, Article 5.22 of the Code of Administrative Offenses of the Russian Federation provides for punishment for receiving from an election commission, referendum commission a ballot paper, a ballot paper for voting in a referendum in order to vote instead of a voter...;
Article 7.12 of the Code of Administrative Offenses of the Russian Federation provides for punishment for the import, sale, rental or other illegal use of copies of works or phonograms for the purpose of generating income in cases where copies of works or phonograms are counterfeit...;
Article 17.2 of the Code of Administrative Offenses of the Russian Federation contains sanctions for interference in the activities of the Commissioner for Human Rights in the Russian Federation in order to influence his decisions.
Article 20.3 of the Code of Administrative Offenses of the Russian Federation provides for liability for propaganda and public display of Nazi paraphernalia or symbols or public display of paraphernalia or symbols of extremist organizations. Motives for actions should be taken into account when assessing the guilt of the offender. Such motives must be determined precisely by extremist trends in the understanding of the Federal Law “On Combating Extremist Activities.”

Types of administrative penalties under the Code of Administrative Offenses of the Russian Federation

Article 3.2 of the Code of Administrative Offenses contains an exhaustive list of penalties for committing administrative offenses. The most common punishment is a fine, the size of which varies depending on the object of the attack and the person who committed the offense. The mildest type of punishment is a warning, the most severe is administrative arrest. Administrative suspension of activities remains an unpleasant type of punishment for business, and for motorists - deprivation of a special right granted to an individual (i.e. deprivation of the right to drive a vehicle).

Liability of an individual and a legal entity for the same offense

The imposition of an administrative penalty on a legal entity does not relieve a guilty individual from administrative liability for this offense, just as bringing an individual to administrative or criminal liability does not exempt a legal entity from administrative liability for this offense (see Article 2.1 of the Code of Administrative Offenses of the Russian Federation with comments).

Administrative offense: concept, signs, legal composition

Concept, essence and signs of an administrative offense

In legal science, offenses, depending on the degree of harm caused to a person, society and country, and the characteristics of the relationships to which they harm, are divided into crimes and misdemeanors. Misdemeanors are administrative, civil and disciplinary offences. Traditionally, administrative offenses are considered the most socially dangerous.

In jurisprudence, an offense is considered as a basis for legal liability. This means that the basis for administrative liability is a violation of a legal norm or an administrative offense.

From the definition we can conclude that an administrative offense mainly has the following characteristic features:

A specific act of an individual or legal entity (expressed in action or inaction)

An administrative offense consists of a specific act, that is, the unlawful behavior of an individual or legal entity. This can be explained by the fact that an offense can only constitute an act of behavior that is externally expressed in a certain objective form.

An administrative offense in the form of an action or inaction is, first of all, a violation of a prohibition or failure to fulfill an obligation.

The tort of an act is the violation of a prohibition or the active dereliction of duty. Violations of the rule of law, which are expressed in inaction, manifests itself in failure to fulfill a legal requirement or passive failure to fulfill obligations, that is, a person should have carried out certain actions that are provided for by the rule of law, but did not carry them out.

Thus, driving a car with obviously false state registration plates (Article 12.2 of the Code of Administrative Offenses of the Russian Federation) is an action, and failure to comply with traffic regulations to give way to a vehicle that has the right of way through the intersection (Article 12.2 of the Code of Administrative Offenses of the Russian Federation) is inaction.

Illegality

Also, an administrative offense is always unlawful, that is, it violates the norms of existing administrative legislation (for example, the norms of Section II (“Special Part”) of the Code of Administrative Offenses of the Russian Federation or the norms of the laws of the constituent entities of the federation on administrative offenses). If an act is not illegal, then it cannot be an administrative offense and, therefore, entail administrative liability.

An administrative offense can only be committed guilty. Guilt as a sign of an administrative offense lies in the fact that this act is the result of the free will of the offender, his guilty behavior. Guilt is the mental attitude of the offender to the committed act.

Administrative punishability as a sign of an administrative offense lies in the fact that for the implementation of an unlawful act, the possibility of application has been established and administrative punishment is actually applied.

Each type of offense corresponds to a certain type of sanction. According to the law, not any antisocial, illegal act is recognized as an administrative offense, but only that for which a measure of administrative liability is provided.

Composition of an administrative offense

The composition of an administrative offense is a set of characteristics enshrined in regulations, the presence of which may entail administrative liability. Signs of an administrative offense:

The first group of objects of administrative offenses consists of social relations, which are directly regulated by the norms of various branches of law, in particular, land, financial, environmental, labor, civil and others. These social relations form only the general object of an administrative offense.

The second type of object of an administrative offense is a generic object. As a generic object, the current administrative legislation provides for administrative liability for committing a specific offense within the framework of any specific chapter of the Code of Administrative Offenses of the Russian Federation.

An example of a generic object of an administrative offense is

offenses in the sphere of realization of citizens' rights;
offenses in the field of environmental protection;
offenses in the field of business activity;
others.

Specific objects are the third type of objects of administrative encroachment.

Species objects should be recognized as specific groups of social relations, which are located within the framework of a specific chapter of administrative legislation. For example, Chapter 8 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for offenses in the field of environmental protection and natural resource management. It is with the help of the specific object of an administrative offense that it is possible to differentiate and detail social relations among themselves.

The direct object is the fourth group of social relations. The immediate object is the social relations that are damaged. For example, the right to use, own and dispose of any property. In addition, rules, prohibitions, requirements, and regulations act as direct objects.

Objective side

The objective side of an administrative offense is the system of signs established by the rules of law that characterize the external manifestation of this offense.

The objective side of the offense characterizes the offense as an act of external behavior of the offenders and includes, in particular, such signs of an administrative offense as an unlawful act or inaction and the harmful consequences that have occurred.

Violation of traffic rules by the driver of a vehicle is expressed in various illegal actions: exceeding the established speed, failure to comply with the requirements of road signs, driving through a prohibiting traffic light, crossing a solid marking line, and others. The harmful consequences of these actions can be: the creation of a danger in road traffic, interference with other road users, an emergency situation, or an accident.

In addition to the unlawful act and the harmful consequences caused, the third component of the objective side of the offense is also such a feature as the cause-and-effect relationship between such an act and the harmful consequences that resulted.

Establishing this cause-and-effect relationship means identifying the circumstances of the occurrence of harmful consequences, determining whether they occurred as a result of an unlawful act or for other reasons, how this act affected the magnitude of such consequences, etc.

The subject of an administrative offense is a person who has committed a socially dangerous act and is capable of bearing administrative liability (has administrative tortious capacity). According to the current legislation, the subjects of administrative offenses are individual subjects and legal entities.

Individual subjects are individuals who have reached the age of 16 and are of sanity.

Sanity is the ability of an individual who has reached the age of 16 to realize the actual nature of his act, its social danger and to direct it.

Individual subjects of administrative offenses are divided into general (those who have reached the age of 16, sane) and special (which reflect the characteristics of their labor and official status; past unlawful behavior, other features of the legal status of citizens).

One of the special subjects are officials.

Subjective side

Guilt acts as the main sign of the subjective side. Guilt can be expressed in two forms, in the form of intent and in the form of negligence.

The intentional form of guilt is divided into two types, namely, direct intent and indirect intent. When committing an offense with direct intent, a person is aware of the socially dangerous nature of his act, foresees the inevitability or real possibility of the occurrence of socially dangerous consequences and desires their occurrence.

With indirect intent, a person committing an offense is aware of the socially dangerous nature of the act committed, foresees the possibility (probability) of the occurrence of its socially dangerous consequences, although he does not want it, but consciously allows them to occur.

The second form of guilt in committing an administrative offense is negligence, in which the person who committed the offense foresaw the possibility of social consequences, but consciously counted on preventing such consequences, or did not foresee the possibility of such consequences.

“Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195-FZ (as amended on November 12, 2019)

CODE OF THE RUSSIAN FEDERATION

ABOUT ADMINISTRATIVE OFFENSES

December 20, 2001

December 26, 2001

Judicial practice and legislation - Code of Administrative Offenses of the Russian Federation

4. Code of the Russian Federation on Administrative Offenses (Collection of Legislation of the Russian Federation, 2002, No. 1, Art. 1; 2017, No. 1, Art. 51);

Federal Law of July 18, 1999 N 183-FZ “On Export Control” (Collected Legislation of the Russian Federation, 1999, N 30, Art. 3774; 2002, N 1, Art. 2; 2004, N 27, Art. 2711; 2005, N 30, Art. 3101; 2007, N 49, Art. 6044, 6079; 2009, N 19, Art. 2279; 2011, N 27, Art. 3880; N 30, Art. 4590; N 50, Art. 7351; 2013, No. 51, Article 6692; 2014, No. 30, Article 4260; 2015, No. 29, Article 4342) (hereinafter referred to as Federal Law No. 183-FZ);

1.13. The parties to the Agreement are responsible for avoiding participation in collective negotiations to prepare amendments and additions to this Agreement, failure to provide information necessary for collective negotiations and failure to monitor compliance with this Agreement, violation or failure to fulfill the obligations provided for in this Agreement in accordance with the Code Russian Federation on administrative offenses.

2. Seized biomedical cell products that are material evidence in criminal cases and (or) in cases of administrative offenses are subject to destruction in the manner established, respectively, by the Criminal Procedure Code of the Russian Federation and (or) the Code of Administrative Offenses of the Russian Federation.

On amendments to the Code of the Russian Federation on Administrative Offenses in terms of establishing administrative liability in relation to certification bodies performing work to assess the conformity of quality management systems of organizations engaged in development, production, testing, installation, installation, maintenance, repair, disposal and sales of weapons and military equipment, as well as officials of such organizations for non-compliance of quality management systems with the requirements established by the legislation of the Russian Federation

Officials of the territorial bodies of Rosreestr draw up protocols on administrative offenses in the manner established by the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation), and send them to the court (magistrate) with information about the details of the recipient of the fine in accordance with the regulations of the Ministry Finance of the Russian Federation:

8. Federal Law of December 30, 2001 N 195-FZ “Code of the Russian Federation on Administrative Offences”.

9. Federal Law of March 6, 2006 N 35-FZ “On Countering Terrorism”.

Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Administrative Offenses Code) (Collection of Legislation of the Russian Federation, 2002, No. 1, Art. 1; 2017, No. 11, Art. 1535);

Criminal Code of the Russian Federation (Collection of Legislation of the Russian Federation, 1996, No. 25, Art. 2954; 2017, No. 11, Art. 1542);

7. Code of the Russian Federation on Administrative Offences.

8. Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption”.

9. Federal Law of December 30, 2008 N 307-FZ “On Auditing Activities”.

5. Code of the Russian Federation on Administrative Offences.

6. Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption”.

7. Federal Law of December 30, 2008 N 307-FZ “On Auditing Activities”.

1) Code of the Russian Federation on Administrative Offenses (Collection of Legislation of the Russian Federation, 2002, No. 1, Art. 1; 2017, No. 1, Art. 47) (hereinafter referred to as the Code);

2) Federal Law of March 26, 1998 N 41-FZ “On Precious Metals and Precious Stones” (Collected Legislation of the Russian Federation, 1998, N 13, Art. 1463; 2016, N 27, Art. 4221);