The notion of administrative responsibility in Russiaimplies (in accordance with legal norms) the willingness and duty of a person to undergo physical, moral and material deprivations carried out by state power. Legislative basis in this case is the Constitution of the Russian Federation, legislation on relevant offenses, which includes the laws of the subjects of the Russian Federation, as well as the Administrative Code of the Russian Federation.
Along with general administrative responsibility also has special features.
The general features include:
- Direct connection with state enforcement.
- The basis for the onset of liability is the commission of an unlawful act.
- The negative consequences for the offender.
- Combination of the implementation of state coercion with moral conviction of a person guilty of a crime.
It should be noted that it is the administrativeresponsibility occurs when an administrative offense is committed. Consider a broad range of subjects to deal with relevant cases.
Administrative law regulates types of responsibility. The application of measures, as a rule, does not entail dismissal from work or previous convictions.
Authorized to review the cases of subjectsdetermine the administrative responsibility in relation to persons not subordinate to them. The main purpose of the imposed penalty is the prevention of violations.
Administrative responsibility is divided into several types. Among them should be noted such as:
- a warning;
- Forfeit withdrawal of the subject of the offense or the instrument of its commission;
- Expulsion from the Russian state of a person who does not have citizenship, or a foreign citizen.
Subjects of law enforcement (authorized toattraction) may be representatives of the judiciary (judges), government officials. Administrative responsibility can be extended to both individuals and legal entities. Persons may be attracted for committed offenses in connection with their official position or activities. The administrative responsibility of officials is also often established by officials. In this case, it is necessary to note some features. Administrative responsibility (unlike, for example, from a disciplinary one) is established for crimes whose consequences extend beyond the boundaries of internal relations. At the same time, law enforcement officials may be officials with whom offenders are not subordinate.
An administrative offense is represented by an unlawful, guilty act or omission of a legal or natural person.
In the process of studying (analyzing) variouscrimes, as a rule, the definition of "corpus delicti" is applied. The composition of the offense is an aggregate (complex) of legal signs. It is these signs that characterize one or another delict (misdemeanor, offense). The main components of the crime include the objective side, the object, the subjective side, the subject.
The object of an administrative offense is that which is encroached upon (relations that are regulated by the norms of different legal branches and are protected by law).
All crimes can be combined into definitegroups, each of which has its main object (object) of encroachment. On this basis, chapters are formulated in the part of the Code on Administrative Offenses (for example, offenses in the field of health, transport, information and communication and other spheres).</ p>