term "administrative offense" is very common in the practice of law.The basic meaning of this term is in the responsibility for certain offenses, which include attacks on public order, rights and freedoms of citizens, and more.
administrative offense is characterized by the following criteria.Firstly, it is in most cases antisocial, ie violates the interests of the state, citizen or group of persons.Secondly, it is illegal: the act is aimed at violation (which may be not only administrative).Also for this offense characteristic guilt (ie the action committed intentionally or through negligence), which often proved in court.
In the legal literature describes that an administrative liability may be of two types: the regulatory and factual.In the latter case - a perfect offense for which the penalty may be applied.In addition, the base may be the law, following which applied administrative liability.
You can see an example showing this type of violation.Two students were crossing the road on a green light.However, when they found themselves in the middle of the road, turn red, and instead of waiting, they decided to cross the remainder.The driver of the car was driving a little faster than the position in this regard, after he braked, he was carried to the opposite lane, toward the bus.Cars collided, but no one was hurt.In this case, the perpetrators of the incident made an administrative offense (a violation of traffic rules and speeding away) and, therefore, must take responsibility for it.Also in such violations include the appearance in a public place in a state of extreme intoxication, petty theft (up to $ thousand), bullying, fighting and so on. D. Typically, in the form of punishment issued a fine, but sometimes it is the deprivation of liberty for a short period (no more than 15 days).
liability of this kind is provided in Russia in 16 years.For adolescents who have committed administrative offenses, the measures provided for by special provision commission on juvenile affairs.However, if a person under the age of 18 committed petty theft of public property, also does not meet the requirements of the police, violate traffic rules and so on. N., He was awarded the penalty on a general basis.
Thus, in the example above, adolescents (pedestrians) were issued a warning, and the driver was fined in the amount of the minimum wage.In that case, if it turned out that he was still in a state of intoxication, to it could be applied more stringent measures (eg deprivation of rights for a long time).In the case of bullying (fights, insults others in public places, and so on. D.) The offender can be arrested for up to 15 days.In this case, the person briefly imprisoned, while you can use it on the physical work without salaries.Typically, this measure is used very rarely, if an administrative offense committed repeatedly.
Thus, the imposition of a fine, deprivation of rights, warning, reprimand - a way of punishment, the purpose of which is the prevention of future violations, as well as education of the person of respect for law and order.Currently amended many regulations, especially concerning the traffic rules on the road to tightening measures applied for gross violations.Keep in mind that the responsibility for their actions every citizen bears.
