Administrative responsibility - it is a punishment for an offense that has a lesser degree of danger compared with a crime.In this case, legal sanctions executed by the officials or authorities.There are different types of administrative responsibility, which pursue distinct goals.
consider them all:
- punitive or repressive and punitive system.It assumes the punishment of the perpetrator.Prevents new action against the law.
- preventive or educational system.Responsible for the formation of respect for the law and the motives for their compliance.
- compensating or pravovosstanovitelnaya system.Responsible for the restoration of the order and the elimination of injury, received person against whom the offense was committed.
All kinds of administrative responsibility are characterized by the following features:
- legal sanctions and punitive measures implemented by the relevant authorities, ie administrative responsibility is a state coercion.
- Legal sanctions are subject to the principles of legality and justice.They are applied on the basis of established legal norms.
- assumed the responsibility of a negative character, ie the offender falls into unfavorable conditions.Under the positive obligation implies, for example, the responsibility of the chief accountant concerning the implementation of meaningful work.
- Administrative responsibility entails a disadvantage and deprivation for the perpetrators of the offense.It involves not only punishment, but public censure.
- implication final mark offender.
All kinds of administrative responsibility are also characterized by the fact that they have some justification.In particular, it:
- normative base.It presupposes the existence of the prohibitions established by law.
- factual basis.It involves a violation of the law.This should be present in the administrative structure of the wrongful act.It is also assumed that the violation of the law is confirmed by the evidence.
- procedural grounds.Anticipated publication of the relevant body of the enforcement of the act.
All kinds of administrative responsibility comply with the following principles:
- Law.It implies that the person who committed the offense, shall be punished in accordance with established legal norms.
- expediency.It suggests that the objectives of administrative responsibility measures the impact to be elected to the offender.
- inevitability.It implies that every offender must be punished.
- timeliness.Anticipated rapid response to an offense.
- Justice.It assumes the appropriate punishment and violation of the law of gravity.
- Addition impose penalties.If a person has committed several administrative violations, the punishment should be only for the most serious of them if the case is examined by the same authority.In other cases, the punitive measures of the law for the crime shall be appointed separately.
- Humanism.Accounting for personal characteristics and the victim and the offender.
- Publicity.All administrative measures suggest that the consideration of the case and to make the final verdict will take place with the participation of the public.This principle implies certain educational methods impact on the offender.