The elements of an administrative offense include

An administrative offense is an unlawful action or inaction of a person for which the legislation on administrative offenses (the Code of Administrative Offenses of the Russian Federation or another legal act of the Russian Federation) provides for liability. The objects of the offense can be public morality or order, as well as property and public health, as well as others.

Important! An offense is recognized as administrative when it does not entail criminal liability. An offense differs from a crime in that it does not have signs of social danger in the sense in which they are contained in criminal law. However, some acts may be considered both a misdemeanor and a crime, such as copyright infringement or theft.

Signs of administrative offenses:

• action or inaction of an individual or legal entity;
• guilt - an act can be recognized as an administrative offense only if it was committed intentionally or through negligence;
• illegality - an act can be recognized as an administrative offense only if the rules of law of various branches were actually violated: administrative, financial, labor and others;
• Punishability of an act is the onset of administrative liability.

What is an administrative offense

A clear definition of an administrative offense is given in Article 2.1 of the Code of Administrative Offenses of the Russian Federation. This is the name given to any actions or inactions of persons who violate the current rules of law, and liability is provided for the commission of this act.

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Important! Until the guilt of a person or organization is proven, no sanctions can be applied to him.

Also, Article 2.1 of the Code of Administrative Offenses explains in what cases a legal entity can be held liable. To do this, the following conditions must be met:

• there is a corpus delicti;
• the legal entity had the ability to comply with the norms of the current legislation;
• the organization has not taken any measures to comply with the laws.

That is, if a legal entity proves that it could not act within the law for reasons beyond its control, then it will not be held administratively liable.

It should be noted that administrative punishment is borne not only by the organization as a whole, but also by the individual who participated in the violation of the law.

Kinds

Types of administrative offenses are listed in the Special Part of the Code of Administrative Offences. The sign by which an offense belongs to a certain type is its object.

According to the current edition of the Code of Administrative Offenses of the Russian Federation, it is possible to distinguish administrative offenses that violate:

• citizens' rights;
• health and sanitary and epidemiological well-being;
• ownership;
• environmental protection and natural resource management;
• safety of industry, construction and energy;
• rules of agriculture, veterinary medicine and land reclamation;
• traffic regulations;
• rules of work on transport, etc.

Administrative offense and its signs

To distinguish an administrative offense from other types of acts, you need to pay attention to a number of signs.

1. Illegality. That is, a person commits an act that violates current legislation.
2. Guilt. A person brought to administrative liability has violated a right intentionally or through his own negligence.
3. The presence of a subject. This sign is explained by the fact that in order to be held accountable, it is necessary to find a guilty person who corresponds to a certain age.
4. Punishability. That is, for committing this act, punishment is provided in accordance with the Code of Administrative Offenses.

An intentionally committed act is an action or inaction of a person if, during its implementation, the person or organization was aware that it was violating the law, and also knew what consequences his actions would lead to.

There is no such thing as an “unintentional administrative offense”. However, if a person violated the norms of the current legislation, but did not think or expect that his actions would lead to such consequences, then he will still be held accountable. But the act will be qualified not as intentional, but as an action or inaction committed through negligence.

Important! A person who has not reached sixteen years of age cannot be held administratively liable.

I would also like to note the fact that persons without Russian citizenship bear administrative responsibility in full. The fact that they are foreigners is not considered a reason for them to commit illegal acts.

Consequences

For committing an accident, liability is provided in the form of:

1. The direct punishment imposed on the culprit is a fine, administrative arrest, deprivation of the right to drive a car, etc.
2. Maintaining the status of a violator for 1 year from the date of commission of the offense (Article 4.6 of the Code of Administrative Offenses of the Russian Federation); in the event that during the specified time the violator commits another offense of a similar nature, this may be considered an aggravating circumstance and be the basis for imposing a more serious penalty on the violator. Moreover, in some cases, a repeated accident entails bringing the offender to criminal liability (for example, for drunk driving there is liability under Article 12.8 of the Code of Administrative Offenses of the Russian Federation. However, if a driver who has already been brought to this type of liability commits an offense again, he will face criminal punishment under Article 264.1 of the Criminal Code of the Russian Federation).

What is the composition of an administrative offense

If the action or inaction of a person does not constitute an offense, then he cannot be held accountable, even if there are such signs as illegality, guilt and punishability.

According to the current legislation of the Russian Federation, the composition of an administrative offense is recognized as a set of signs, according to which legal consequences arise for the commission of an act.

The list of signs that determine the elements of a crime includes the following criteria:

• object – relationships protected by law;
• the objective side is a set of factors indicating that the offense could have been avoided;
• subject - a person who committed an unlawful act;
• the subjective side is the moral attitude of a person towards the committed act.

If all the above signs are met, then we can say that the offense has elements. In this case, the guilty person is brought to administrative responsibility. Sanctions are applied to him according to the Administrative Code.

Important! An administrative offense can be punished not only in accordance with the Administrative Code, but also in the event of an act that violates laws adopted at the regional level.

Groups

All APs can be divided into the following groups:

1. According to the design features of the composition:

• material – the result of committing an offense is damage caused to material values;
• formal – the harm caused to the victim is non-material in nature.

1. By duration and frequency:

• lasting – committed over a long period of time, for example, in the event of improper performance by an official of his or her job duties;
• ordinary - committed once and ceased after the illegal act is completed;
• repeated - violations committed by a person who has already been held accountable for similar violations (provided that the Code of Administrative Offenses of the Russian Federation provides for the imposition of a more severe punishment for a repeated violation).

1. By subject:

• general – the offender is an ordinary citizen (for example, speeding while driving);
• special – the violator has the status of an official/organization (for example, violation of the deadline for submitting a tax return);
• mixed - the violator can be both an individual and a legal entity (for example, non-declaration/inaccurate declaration of goods).

What does the corpus delicti of an administrative offense include?

As was said earlier, if the elements of an administrative offense do not contain a set of signs, then the perpetrator cannot be held accountable. It must include an object, a subject, an objective and a subjective side.

To understand when an offense is present, you need to look at each sign in more detail.

An object

The object of an administrative offense is recognized as relations that are protected by the current legislation of the Russian Federation and the laws of the constituent entities. In simple terms, an object is a type of act committed by an offender. For example, if a person insults another citizen, then the object is considered to be a violation of the citizen’s rights, his honor and dignity.

As a rule, during the proceedings, a generic and a direct object are distinguished. The first is called a relationship that arises in one of the spheres. For example, in the case of insulting a person, the generic object is considered to be human rights, and in the case of speeding on vehicles - traffic rules.

The direct object of an administrative offense is specific relationships. For example, if a citizen insults another person, then the immediate object is considered to be humiliation of the person’s honor and dignity.

Objective side

The objective side is the action itself that the person performed. That is, for what he will be held accountable. For example, if the driver was driving at a high speed, higher than that provided for by current legislation, then the objective side is considered to be speeding.

The objective side of an administrative offense is characterized not only by consequences, but also by cause-and-effect relationships. Let's say a person exceeded the limited speed limit. In this case, you need to find out what prompted the offender to commit this act, as well as what this led or could lead to.

Subject

The subject of an administrative offense is a person who has violated the norms of the current legislation.

Both the individual and the organization can be held accountable. If the offense was committed by a legal entity, then sanctions are applied not only to the company, but also to the person responsible for the lawful execution of these operations.

A person cannot be held administratively liable if he is under 16 years of age. Also, sanctions cannot be applied to insane people recognized as such by a court on the basis of a medical report. For this purpose, a forensic examination is carried out. During it, a group of specialists examine the patient and determine the degree of his sanity, his awareness of the consequences of the committed act.

If the offense was committed by a child who has not yet turned 16 years old, then his parents may be held accountable, for example, for improper supervision of children and connivance in their upbringing.

Subjective side

The subjective side of an administrative offense is recognized as a set of characteristics that determine the attitude of the offender to the act he committed. Such criteria include:

• the motive for committing the act, that is, why the person decided to violate the law;
• awareness of the onset of legal consequences;
• carrying out illegal actions of one's own free will;
• the presence of intent or its absence, that is, the commission of an offense through negligence.

Important! The subjective side must necessarily be characterized by the presence of guilt.

Examples of misconduct

The most common violation that many citizens face is traffic violations. And you don’t have to be a driver to do this. It is enough to simply cross the road not where the rules allow.

In addition, administrative offenses include:

• drinking alcohol in prohibited places;
• causing damage to property belonging to other people or organizations;
• failure to comply with fire safety regulations, for example, closing emergency exits in the premises;
• travel without payment on public transport.

All these offenses can have different consequences in terms of danger. Therefore, different responsibilities are provided.

The legislation divides all offenses into certain categories that help classify them. There is responsibility separately for ordinary citizens, for the area of ​​public administration, for the area of ​​industry and some other areas.

Recently, a bill was considered that wanted to classify violations according to their severity, but it was considered unsuccessful. Therefore, it is currently planned to identify a separate group of criminal offenses for which people will receive more severe punishments. But at the same time, compared to the Criminal Code, the liability will be significantly less.

You can get more detailed information about this in the video presented.

Composition of the offense and examples

The composition of an administrative offense can be material and formal. The first is characterized by the fact that the offender’s actions led to negative consequences. For example, a person was driving a vehicle while intoxicated and hit a pedestrian. The victim received serious injuries. In this case, the object of the offense is considered to be driving while intoxicated, the consequence is a collision with a pedestrian, and the result is causing physical harm to the victim.

Most often, offenders are brought to administrative liability, which has a formal structure. In this case, the person’s actions do not lead to negative consequences. Only the fact of committing an illegal act is taken into account.

Regardless of the type of offense, if it is present, the offender is held accountable. It should be noted that sanctions against the guilty person can be applied not only on the basis of a court decision, but also by other authorized bodies, for example, by decision of the senior district police officer.

Responsibility

It is provided for by several types of legislation:

1. In the form of a warning , when only moral condemnation is expressed to a person. This is usually provided in writing when the person first commits the offence.
2. Fine . It can be set in an amount fixed by law, or be a multiple of the minimum wage or the cost of the damage caused.
3. Confiscation . When a person is forcibly confiscated of his property in favor of the state.
4. Deprivation of special rights . If a person has a certain permit, he may be deprived of it for a certain period of time or forever.
5. Correctional work . They mean the establishment of mandatory deduction of a certain amount from a person’s income for a specific period of time.
6. Arrest . It cannot exceed more than 15 days.
7. Expulsion from the country . This measure is not taken against Russians.

Some measures may be applied in combination. Most of them apply only to individuals. For organizations, a fine and deprivation of a special permit are mainly used.

Classification of the concept under consideration

It is customary to distinguish several groups of these offenses, which include the following types of administrative offenses:

1. Administrative torts against a person, namely:

• electoral rights (unauthorized interference in the activities of the election commission);
• labor rights (dismissal of employees due to a strike);
• minors (failure of parents to fulfill established responsibilities regarding raising a child);
• morality (disrespect for older people);
• religion (insulting civil religious feelings);
• social rights (refusal to hire a person with disabilities within the established quota);
• health (drug use);
• property (petty theft).

2. Administrative offenses (examples below) against social life, more precisely, in the following areas:

• industry (non-compliance with industrial safety standards);
• energy (damage to electrical networks);
• transport (ticketless travel);
• communications and information (damage to telephone booths);
• public order (petty hooliganism);
• ecology (unauthorized cutting down of trees);
• construction (construction of buildings without appropriate permission);
• agriculture (failure to comply with the list of rules and regulations for the control of harmful plants);
• traffic (speeding);
• securities market (failure to comply with the procedure for maintaining the register);
• public safety (firing of firearms within a populated area).

3. The considered torts are against the state, namely against:

• state property (non-compliance with standards for the operation of cultural objects);
• finance (failure to comply with the rules for conducting cash transactions);
• customs (unauthorized import of goods);
• state border protection (unauthorized crossing of the Russian border);
• entrepreneurial activity (opening a business without appropriate permission);
• taxes (violation of deadlines and procedures for filing a declaration);
• state power (failure to implement judge's orders);
• management order (accommodation without appropriate registration).