An administrative offense (AP) is one of the common misconduct that is commonly attributed to the activities of government bodies. Like any other type of offense, AP implies the presence of wrongfulness, guilt and punishment.
Necessary
The Code of Administrative Violations of the Russian Federation
Instructions
Step 1
Application area. Administrative offenses include such actions that in any way violate the rights of citizens, infringe on the health of the population, morality, generally accepted order, property, etc. These can be: violation of fire safety, environmental pollution, violations at the facilities of traffic rules, violations of sanitary standards. In addition, the AP includes violations in the tax and financial spheres, as well as in the field of customs and the securities market. The signs of committing an accident include not only action, but inaction of an individual or legal entity. Any AP assumes administrative responsibility.
Step 2
Antisocial orientation. Any administrative offense must necessarily be directed against the normal life of the population, provide any danger or harm public life. The difference between AP and other types of offenses in this case is the absence of grave consequences, the relatively small amount of damage caused. The method and place of the misconduct, the extent of the harm and the special conditions and circumstances are also taken into account.
Step 3
Wrongfulness. One of the main signs of an administrative offense is the commission of a certain action, which is prohibited by the law. In other words, a violation of the law must be recorded.
Step 4
Guilt. In order to fix the fact of committing an administrative offense, it must be committed intentionally or through negligence. In other words, there must be the presence of the guilty person, whose activities were under his own control, with the participation of will and clear consciousness. In this case, the reason why the AP can be recognized as imperfect may be the insanity of the alleged culprit. At the same time, a legal entity will be found guilty if it failed to take possible and dependent measures to eliminate the causes of damage to society.
Step 5
Punishment. An individual or legal entity who has committed an administrative offense is necessarily punished if his guilt is proved. The type of punishment, its size and term are provided for by the sanctions and norms adopted by the state. The decision on the establishment of punishment is made by the court.
