concept of administrative responsibility in Russian means (in accordance with legal regulations) readiness and duty of a person to suffer physical, moral and material deprivation, exercise state power.The legal basis in this case is the Constitution of the Russian Federation, legislation of the relevant offenses, which includes the laws of subjects of the Russian Federation, as well as the Code of Administrative Offences.
Along with general and administrative liability has special features.
Common features include:
- direct link with gosprinuzhdeniem.
- basis for liability is an act of unlawful nature.
- presence of negative consequences for the offender.
- combination of state coercion with moral conviction of the perpetrator of the crime.
It should be noted that it is administrative liability in the commission of an administrative offense.Consider appropriate case authorized quite a wide range of subjects.
Administrative law regulates responsibilities.Application of the measures, as a rule, does not entail the dismissal or conviction.
authorized to consider the subjects of administrative liability is determined with respect to persons who are not subordinate to them.The main purpose of sanctions is to be staked prevention of crime.
Administrative responsibility is divided into several types.Among them, it should be noted, such as:
- warning;
- compensated seizure of the subject of the offense or the instruments of its commission;
- deportation from the Russian state a person without citizenship or a foreign citizen.
subjects of enforcement (to attract authorized) may be officials of the judiciary (judges), officials of the state administration.Administrative responsibility may cover both physical and legal persons.Brought may be persons for offenses committed in connection with the official position or activity.Administrative responsibility of officials is often installed as party officials.In this case, some features should be noted.Administrative liability (as opposed, for example, disciplinary) is established for the crimes, the consequences of which extend beyond the boundaries of in-service relationships.This may be the subjects of law enforcement officials with whom the offenders are not in the service command.
represented unlawful administrative offense, guilty of an act or omission of a legal or natural person.
During the study (analysis) of various crimes, as a rule, applied the term "corpus delicti".The composition of the offense is a set of (complex) legal characteristics.It is these features characterize this or that delict (offense, offense).The main components of the offense attributed the objective side, subject, subjective side, the subject.
subject of an administrative offense is something that impinge (relationships that are governed by rules different legal sectors and are protected by law).
All crimes can be combined into certain groups, each of which has its main object (the object) attacks.On the basis of this chapter are formulated in terms of the Code of Administrative Offences (eg, offenses in the area of health, transport, information and communications, and other areas).
