The composition of an administrative offense is clearly defined by a number of laws and should include several basic elements at once. But, before considering each of them, it is worth finding out information about what constitutes an administrative offense and what responsibility implies.
Types of Administrative Offenses
To date, several main types of administrative offenses have been identified:
- An act that in one way or another violates the rights of citizens of the country. As an example, any violation of the freedom of the population to religion and one's own opinion can serve. This also includes the refusal to provide information, the failure of parents to fulfill their duty in relation to minor children, etc.
- Administrative offenses that threaten the health, morality and well-being of the population. For example, this includes violations of sanitary and epidemiological requirements, hiding the source of infection, illegal possession and trafficking of narcotic drugs, prostitution, etc.
- Acts in the field of environmental protection.
- Offenses in the field of protection of private property.
- Violations of laws regarding vehicles.
- Violation of the rules of the road.
In fact, there are many types of administrative misconduct. They relate to labor protection, protection of the state, business, customs, finance, taxes and the use of funds.
But in order to bring to justice an individual or legal entity, guilt must be proved. The composition of an administrative offense is a combination of four necessary features for the prosecution. Only the presence of such an amount can become the basis for initiating proceedings.
In order to determine the composition of an administrative offense, as a rule, they begin an investigation, which includes all kinds of checks and examinations. As for administrative responsibility, those responsible for the offense must be punished. This may be: a fine, deprivation of any rights (for example, documents and permission to use a vehicle), administrative arrest.
Composition of an administrative offense
As already mentioned, in order to initiate a case and bring to justice an individual or legal entity, it is necessary to have several circumstances at once:
- The object of misconduct is a set of legal relations that are protected by regional and federal laws. It was against them that a violation was recorded.
- The objective side is this or that act of the guilty person. In addition, this includes the place and time of the violation, the subject, as well as the method of committing the crime and the means used.
- The subject is the guilty persons (individuals or legal entities) who have committed one or another action prohibited by regional and federal laws.
- The subjective side of the offense is, in fact, the goal pursued by the culprit, his intent and guilt.
An administrative case may be opened only if there is a full administrative offense.