concept of an administrative offense
Act reveals the concept of an administrative offense, and indicates that it is unlawful, a socially dangerous act committed by a legal or natural person for which liability is provided, respectively, the Administrative Code or under any other legislation.
administrative offense can be committed both intentionally and negligently.Intentional offense is an action that has been committed by a person aware of the wrongfulness of what he does and wants of the consequences of a negative character of their actions.
committed by negligence is considered an administrative offense in the event that a natural or legal person who committed it did not foresee the occurrence of anticipated or bad effects, but hoped to avoid them.The statute of limitations for administrative offenses established by the legislation.
since reaching the age of sixteen, a citizen of having committed illegal acts can be brought to administrative responsibility.
Penalties
When performing actions without serious public danger, the guilty person may be issued a warning.
also apply such penalties:
- confiscation of the object with which the wrongful act was committed;
- fine;
- denial of the right to perform certain actions, for example, to drive a vehicle;
- in the case of acts that are dangerous to society, can be applied administrative detention;
- persons holding positions of public service federal or within a subject of the Russian Federation, members of the executive bodies or entities involved in the preparation of athletes, by the court can be disqualified.
- foreign citizens and stateless persons may be expelled from the country;
- in the conduct of activities carried out in violation of the law, it may be decided to suspend such activities in order to prevent the commission of violations.
limitation period
Administrative responsibility for their actions comes before the statute of limitations for administrative offenses specified in the law, has not expired.
Until 2010 general statute of limitations for administrative offenses is two months, but in May 2010, the Code was amended and the statute of limitations for certain categories of administrative cases has increased.
Currently, the statute of limitations for administrative cases is two months, and when brought to administrative responsibility decreed by the court, the period is increased to three months.
Considering some of the features to identify offenses and search for evidence, for certain categories of administrative cases the law establishes the statute of limitations on the involvement of such cases in the administrative responsibility - one year.
Such administrative matters, in particular: patent infringement, customs, antitrust, currency law, failure to comply with traffic rules (for which caused light damage to the health of the victim or damage to moderate), copyright protection.
limitation period for administrative violations, which are related to violation of the law on corruption, is six years from the time when the violation occurred.If the offense does not stop for a long time and has a continuing character, the statute of limitations on such an offense will be calculated from the date when it was discovered.
for administrative offenses which may lead to the application of the penalty of disqualification, limiting the statute of limitations is one year from the time when the violation occurred.
Statute of limitations in administrative law can be suspended only in one case the person who has committed an administrative offense, filed a motion for the consideration of the administrative case at his place of residence.In this case, the period of time from when the request was granted, and before the day, when the materials of the administrative case are submitted, is excluded from the statute of limitations.
