The concept of administrative responsibility in Russia implies (in accordance with legal standards) the willingness and duty of a person to undergo physical, moral and material deprivation by state authorities. In this case, the legislative framework is the Constitution of the Russian Federation, legislation on relevant offenses, which includes the laws of the constituent entities of the Russian Federation, as well as the Code of Administrative Offenses of the Russian Federation.
Along with general, administrative responsibility has special features.
Common features include:
- Direct connection with state enforcement.
- The basis for liability is the commission of an illegal act.
- The presence of negative consequences for the offender.
- The combination of state coercion with the moral conviction of a person guilty of a crime.
It should be noted that it is administrative responsibility that occurs when an administrative offense is committed. A wide range of subjects is authorized to consider relevant cases.
Administrative law governs liability. The application of measures, as a rule, does not entail dismissal from work or a criminal record.
Entities authorized to consider cases determine administrative responsibility in relation to persons not subordinate to them. The main purpose of the punishment is the prevention of offenses.
Administrative responsibility is divided into several types. Among them, it should be noted such as:
- warning;
- reimbursable seizure of the subject of the offense or the instrument of its commission;
- expulsion from a Russian state of a stateless person or a foreign citizen.
The subjects of law enforcement (authorized to attract) can be representatives of the judicial authorities (judges), government officials. Administrative responsibility can extend to both individuals and legal entities. Persons may be brought in for committed offenses in connection with their official position or activity. The administrative responsibility of officials is often also established by officials. In this case, it is necessary to note some features. Administrative liability (in contrast, for example, from disciplinary) is established for crimes whose consequences extend beyond the boundaries of intra-service relations. In this case, the subjects of law enforcement can be officials with whom the offenders are not in official subordination.
An administrative offense is represented by an unlawful, guilty act or omission of a legal or natural person.
In the process of studying (analysis) of various crimes, as a rule, the definition of “corpus delicti” is applied. The offense is a combination (complex) of legal features. It is these signs that characterize one or another tort (misconduct, offense). The main components of the crime include the objective side, object, subjective side, subject.
The object of an administrative offense is what is encroached on (relations that are governed by the norms of different legal sectors and are protected by law).
All crimes can be grouped into specific groups, each of which has its own main subject (object) of abuse. On this basis, chapters are formulated in the part of the Code of Administrative Offenses (for example, offenses in the field of health, transport, information and communication and other areas).