Today responsibility for offenses related to public administration, provides administrative punishment.The essence of administrative offenses is that harm is caused to public or public order, rights and freedoms of citizens, property and so on.
administrative offense has the following features:
- there is always an attack on any priorities and values of the state or society.An administrative offense infringes someone else's rights and interests;
- the offense adversely affects the life of the state and society, breaks the established social order;
- administrative offense is illegal.
regulatory acts relating to administrative offenses, sooner or later codified.It should be noted that included in the code - this means to organize, organize.Code of Administrative Offences of the Republic of Kazakhstan, Ukraine, Russia and other countries have much in common.In principle, the system is used penalties same.
administrative offense - a wrongful act which contradict the norms specified in the laws.It may be expressed not only acts, but also omissions.Behavior of the person with all this should be inherent in a strong-willed character.The thing is that people should be aware of what makes, to understand the inevitability of the onset of a negative result.
administrative rules have a purpose - the preservation of the state of discipline and public order.An administrative offense, examples of which can cause a variety may be due to the violation of traffic regulations, rules of conduct in public places, the rules of trade, fishing, hunting, the rules of military registration and so on.
Mandatory rules of administrative law has always addressed number of persons, which is wide.It is understood that some of them apply only to legal entities, some of the people working in the economic sector, some only to officials and so on.
administrative offense may be due to the action or inaction of the subject.Under the action it does not mean that other, as the active form of the behavior of a person who committed an offense related to the failure to perform certain duties, in violation of prohibitions, legal requirements and so on.
Under inaction is understood passive form of behavior.It is connected with the violation of prohibitions, non-fulfillment of legal requirements, specific responsibilities.
Allocate an administrative offense, which allows to separate one from the other administrative offense.The composition of the offense - the totality of the elements of the offense, which is set by law.If you have all the necessary features, antisocial act is recognized and he may be appointed as a sanction in accordance with the rules of administrative law.The legal structure - sole basis of administrative responsibility.
elements (signs), which has an administrative offense:
- subjective side;
- subject;
- objective side;
- object.
Under the object are those social relations that have suffered because of an administrative offense, the objective side is connected with the wrongful act.The subject of administrative law - a person who commits it, and the subjective aspect is related to the specific circumstances of its commission.
administrative offense is the basis for administrative punishment.Most often it is made out of court.
