Administrative offense - what is it?
Today, the responsibility for offenses,related to public administration, provides for administrative punishment. The essence of administrative violations lies in the fact that harm is inflicted on public or state order, rights and freedoms of citizens, property and so on.
The administrative offense has the following features:
- there is always an encroachment on any priorities, as well as the values of the state or society. An administrative offense infringes someone's interests and rights;
- this offense adversely affects the life of the state and society, breaks the established social order;
- an administrative offense is unlawful.
Normative legal acts that relate toadministrative offenses, sooner or later codified. Note that include in the code - this means to systematize, order. The Code of Administrative Offenses of the RK, Ukraine, Russia and other countries have much in common. In principle, the punishment system is the same.
An administrative offense isAn unlawful act that contradicts the norms specified in the laws. Can be expressed not only by actions, but also by inaction. The behavior of the person with all this must be inherent in a strong-willed character. The point is that a person must be aware of what he is doing, understand the inevitability of the onset of a negative result.
Administrative rules have the goal of preservingstate discipline, as well as public order. An administrative offense, examples of which can be various, may be related to violation of traffic rules, rules of conduct in public places, rules of trade, fishing, hunting, rules of military registration and so on.
Obligatory rules of administrative laware always addressed to a circle of persons who is broad. It means that some of them only apply to legal entities, some to people working in the business sector, some exclusively to officials and so on.
An administrative offense may beis connected with the action or the inactivity of the subject. Action is understood as nothing more than an active form of behavior of the person who committed the offense, related to the failure to fulfill certain duties, violation of prohibitions, legal requirements, and so on.
Under inactivity is meant a passive form of behavior. It is connected with violation of prohibitions, non-fulfillment of legal requirements, specific duties.
Allocate the composition of an administrative offense,allowing one administrative offense to be separated from the other. The composition of this offense - the totality of the elements of the offense, which is established by law. In the presence of all necessary signs, the deed is recognized as antisocial and sanction may be imposed for it in accordance with the norms of administrative law. The legal structure is the only basis for administrative responsibility.
Elements (signs) that have an administrative offense:
- the subjective side;
- the objective side;
- an object.
Under the object are meant those publicrelations that have suffered due to an administrative offense, the objective side is related to the wrongfulness of the act. The subject of administrative law is the person who commits it, and the subjective party is related to the specific circumstances of its commission.
An administrative offense is the basis for administrative punishment. Most often it is carried out out of court.