The administrative responsibility of individuals is a rather complicated system that regulates the behavior of all categories of the population, partly taking into account some features of the individual or his location. Various types of punishments are provided, which depend on a large number of factors, including the frequency of such violations, their severity, possible risk to human health, and so on. Most people just need to know the main points and features of this responsibility, when it comes, what it is, how it manifests itself and what may be a violation.
What is administrative responsibility?
This type of liability is practically no different from criminal or any other. The basic principles here are absolutely the same, only the misconducts for which the punishment will follow differ, as well as the punishment itself, which is much easier than for criminal offenses. That is, a misdemeanor may be fined, official, written censure, forced labor for the period of administrative arrest and so on. There are many options, and all of them can be applied in different ways, depending on numerous factors. For example, people will be fined for smoking in a public place , but for vandalism they can be sent to forced labor for a time and place specified by an official.
Varieties of punishments
Not only examples of administrative responsibility represent a large number of possible options. Also, the types of punishments themselves are very different from each other. There are seven main types of effects that can be applied to a person who violates the laws.
The simplest is the usual warning. It is not informal and is not expressed orally. Such warnings are issued in writing and are strictly taken into account for the future. They can tighten further penalties for completely different offenses.
The second, more serious form of punishment that can be imposed an administrative penalty is a fine. Its size is set depending on many factors, including the presence of earlier warnings.
The following two species are somewhat similar to each other. If a person violates the law with the help of a certain object in his private ownership, officials have the right to seize this object. Whether he will be returned in the future or confiscated permanently depends on the degree of guilt and the like. Also, a citizen may be deprived of certain rights and opportunities, which in the ordinary state are guaranteed by the Constitution, but after violations, a decision will be made on the possible suppression of such events in the future. For example, to prohibit a person from approaching any object or other person at a distance of less than 30 meters.
Among other things, the offender can be arrested for up to 15 days or sent to carry out correctional labor for several months.
Features and signs
There are certain signs of administrative responsibility that characterize absolutely all violations of this kind.
The first of these is unlawfulness. That is, a person deliberately violates the law in relation to another person or object, while the latter is someone else's property, has a certain value, rights and so on.
The second sign implies that the fault of the offender is unequivocally proven. Thus, if a person acts not according to the law, but no one can prove it, at least indirectly, the punishment will not be applied to him.
The third sign indicates that the actions of the person are classified as antisocial, directed against the given society and order. A more detailed list of all variations of such actions is specified in the legislation.
The last sign indicates that the person consciously, understanding what he is doing, has committed an offense. Moreover, it does not matter if it was inaction, or action. Examples of administrative responsibility are presented here in two ways. If a person does something on purpose or does not do it on purpose. He may not go to court on a subpoena, although he received it. This is an example of a violation of inaction. The second option - a citizen crossed the road to a red light. This is already an example of a violation by action.
Administrative responsibility of military personnel
In general, the same laws apply to military personnel and other similar citizens as they do to everyone else. There are different types of punishments, which in this case can be considered either too strict or too small. The military court considers the sentence, which renders its verdict on this particular case of the offense, immediately along with an indication of the punishment that will be imposed on the soldier.
The administrative liability of military personnel instead of standard fines or correctional labor implies disciplinary action in one form or another. For example, if a non-serving citizen at the moment can get off with a large fine, then for the same violation a soldier will receive several orders out of turn. This is the simplest example, since the fantasy in terms of punishment in the army has always been at its best.
For foreigners
In accordance with the current legislation, at the moment the administrative responsibility of foreign citizens is similar to that applied to residents of a given country. That is, for the same misconduct, ceteris paribus, both a citizen and a non-citizen will receive exactly the same punishment, without any discounts in one direction or another.
The only exception to this rule is the possibility of applying one measure to a foreign citizen that cannot be used in relation to a citizen - expulsion from the country. Of course, no one will react so harshly for petty irregular misconduct, but if they are systematic or are really very serious, then this type of punishment can be considered absolutely justified. It must be remembered that in this case the legislation does not make any concessions for ignorance.
For example, a violation of silence at the indicated time of day will be punished equally for a foreigner, a stateless person, and a citizen of a country. But if in case of a systematic violation over a long period a citizen will be awarded a more significant fine, then a non-citizen can simply be expelled from the country.
For minors
Examples of administrative responsibility for persons who have not yet reached the age of 18 are generally similar to those that apply to adult citizens. Almost all available penalties can be used, except for arrest, which in this case is strictly prohibited. In practice, most often they are limited to censure or, in especially serious cases, a fine. Usually, the juvenile citizen’s presence of an independent source of income is taken into account, but if there is none, the parents will have to pay the money.
Signs of administrative responsibility in these cases are identical, but the remaining penalties are extremely rare and already relate to very significant cases or situations in which violations occur systematically, and the minor deliberately refuses to follow the law. For example, if a person aged 17 violates the rules of public order once, he may get off with a warning. But if after some time he again comes across unlawful acts of the same kind, then most likely a fine will be imposed. Further violations may already lead to the appointment of correctional labor and similar preventive measures.
Silence mode
Many were faced with such a problem that it is impossible to fall asleep due to loud screams, music and similar actions of others. This is all classified as a violation of silence and is also an administrative violation. Different rules apply in different regions, but in general, from 23 hours to 7 in the morning, every person, whether legal or physical, is obliged to behave quietly and not disturb others. In some areas or towns, this time span may vary slightly, as well as factors that affect noise. Somewhere there is a ban on car signals, and in another place - on loud sounds made by pets. To better navigate this, you should study the current noise requirements in the current region of your stay at night.
The main types of administrative penalties in such cases are most often limited to fines, but their size can vary greatly depending on the region and the source of the noise, such as the intruder and so on. For example, if a tape recorder makes a sound, you can get off with the payment of 2.5 thousand rubles. But for the repair work will have to pay 5 thousand rubles. Moreover, for legal entities, these amounts will be much higher: 25 and 250 thousand, respectively.
Smoking fine
Most smokers are already in one way or another faced with the problem of a ban on smoking in public places. Some support this, some do not, but the general point is that a fine for smoking is imposed both directly on the offender and on a person who, in an understandable form, did not indicate the fact of a ban in the area. Moreover, for the smoker himself, the fine will not be too large, but if it turns out that there were no prohibition signs, then the punishment for the owner of the indicated territory will be much more significant.
For example, a citizen who smokes not where it should be, will have to pay from 500 to 3000 rubles, depending on many factors, including the place of violation, and an example for the younger generation, and so on. But a legal entity that has not posted the appropriate warnings will be fined already in the amount of 30 to 90 thousand rubles, which is already much more serious. Smoking on the playground is punished more seriously than elsewhere, and attempts to teach children to smoke are even stricter. Especially if parents do it. A separate punishment is thought out for those who sell tobacco products to minors, thereby contributing to child smoking.
Non-compliance
The rules of public order, in essence, are everything that happens in society. Any action of each person is considered in terms of compliance with the relevant rules. Of these, 5 main groups of disorders that are most common can be distinguished.
The first of these unlawful acts is smoking. Indulge in addiction is allowed, in fact, only at home and in designated areas. In theory, the law implies the possibility of smoking at a distance from crowded places, entrances to common areas, and so on. In practice, you have to travel out of town to find such a remote place.
The second most common violation for which an administrative penalty relies is considered petty hooliganism. Especially considering that it also includes the use of profanity, which sounds very often and absolutely everywhere.
The third, and more serious, type of disturbance in public order is drinking alcohol. And if for the fact itself you have to pay about 1 thousand rubles of a fine, then for being drunk on the street the fine is already a little more - about 1.5 thousand rubles.
The next in severity is the use of drugs and other similar substances. There is already a fine of about 5 thousand rubles, and a foreigner for this can also be expelled from the country.
The most serious violation is the organization without the permission of the relevant authorities of mass events. It will not work out with less than 25 thousand, and in some cases other types of punishments such as arrest or correctional labor may be applied.
To summarize
In general, examples of administrative responsibility are intuitive to absolutely all more or less adequate citizens. If you behave normally, do not make noise, do not interfere with others, do not drink, do not smoke, and even more so do not use drugs, then there will not be any questions from law enforcement agencies to an individual. It should be noted that of all the violations, it is smoking that is the most controversial, and it is the least likely to be held accountable only when it is guaranteed to prove guilt. But for all other types of violations it is very likely to say goodbye to quite substantial amounts of funds, own property, or even work for the benefit of the state for some time.