The concept and principles of administrative responsibility

Administrative responsibility, a concept, signs, the principles of which will be considered later, in essence acts as a state reaction to the offenses of the subjects. Penalties for the guilty always include certain burdens, restrictions, negative deprivations, penalties. All these are the negative consequences of the acts of a person.

The principle of liability in administrative law

The penalties provided by the state presume that the guilty subject undergoes certain deprivations. Meanwhile, sanctions do not boil down to the performance of one duty that the violator has not fulfilled for one reason or another. Punishments may be organizational, property or individual. Considering the concept and principles of administrative responsibility, it should be noted that when applying sanctions to the guilty person, it acquires a certain legal status. He, in turn, involves not only restrictions and burdens, as well as additional obligations, but also state guarantees against the arbitrariness of authorized bodies. When applying sanctions, such principles of administrative responsibility as proportionality, singleness and individualization of punishment are taken into account.

Specificity

Administrative liability is applied to entities that committed misconduct as specified in the Code of Administrative Offenses. Compared with crimes, such acts carry less public danger. In addition to the Code of Administrative Offenses, administrative punishment is also provided for in other regulatory acts (regional and federal). Sanctions can be applied to both citizens and legal entities for their violations in the field of public interest. Only authorized structures and employees can be held accountable. Sanctions may be applied in a judicial proceeding. It involves certain procedures and is used for serious violations. In general, the out-of-court - administrative - order operates. It is characterized by comparative simplicity, less formalization and efficiency. Considering the concept and principles of administrative responsibility, it should be noted that the sanctions that apply to the perpetrators do not entail a criminal record and dismissal.

Classification

There is a positive responsibility. It involves the establishment of certain requirements for the upcoming proactive, active activities of the subjects. Another type is retrospective (traditional) responsibility. It is expressed in the application of penalties by competent institutions and employees to a person who is guilty of a violation.

Characteristic

The key features of administrative responsibility include:

1. Regulation of the Code of Administrative Offenses and other legal acts. Together, they form a system of administrative law.
2. Legislative consolidation of the grounds for applying sanctions.
3. Definition of a circle of subjects. They can be both physical and legal entities, as well as their associations.
4. The factual basis for the application of punishment is a violation of prescriptions.
5. Implementation through administrative coercive measures .
6. Many authorized persons and structures are involved in the application of punishments. These include, in particular, the courts, executive institutions of power, officials.
7. Holding liable does not entail dismissal or criminal record.
8. The decision on the application of punishment, as a rule, is made out of court.
9. Coercive measures are implemented according to specially established rules.

The system of principles of administrative responsibility: general information

Depending on the consequences that arise for the perpetrator, organizational, psychological or property deprivation may be applied to him. CAO determines:

1. Composition of violations.

2. The principles of administrative responsibility.

3. Rules for the application of punishments.

The fundamental provisions on which the institution in question are based are of particular importance. The goals and principles of administrative responsibility determine the activities of authorized structures and employees, the rules for imposing sanctions.

Equality of Subjects

The principles of administrative responsibility of the Russian Federation reflect many constitutional provisions. In particular, this concerns the equality of all subjects before the law. This position is enshrined in Art. 19 of the Constitution. Legislative requirements, principles of administrative responsibility apply to all citizens, regardless of their race, gender, origin, official and property status, language, nationality, place of residence, membership of public organizations and other circumstances. A similar rule applies to legal entities: penalties for violations are established without taking into account the location, organizational form, subordination and other things.

Special cases

But there are some other principles of attraction. A number of persons performing public functions are also subject to administrative liability. And here the principles of attraction are somewhat different from the rules that apply in general cases. This, in particular, refers to prosecutors, deputies, judges and other employees. Signs, principles of administrative responsibility in cases of violation of legislative requirements by them are determined by the Constitution and federal regulations. For such situations, special procedures are envisaged, the existence of which is determined by the presence of a set of deterrence measures that ensure the balance of power. So, for example, in Art. 19 Federal Law No. 3 established that a State Duma deputy, a member of the Federation Council without coordination with the corresponding chamber of the Federal Assembly cannot be:

1. Arrested, detained, interrogated, and also searched. In the latter case, the exception is an inspection directly at the crime scene when taken red-handed.
2. Brought to criminal, administrative liability imputed in court.
3. They are subjected to a personal search, except when it is provided for by federal law to ensure the safety of surrounding citizens.

Presumption of innocence

The principles of administrative responsibility are aimed not only at suppressing unlawful acts / omissions, but also provide guarantees to protect the interests of alleged violators. Fair trial and other procedures related to the application of certain punishments to subjects are based on this provision. The presumption of innocence implies that a person can only be held liable if his guilt is proved. From this it follows that the subject in respect of whom the proceedings on the case are started is presumed innocent until proven otherwise in the manner established by the Administrative Code. Materials that allegedly confirm the unlawful behavior of the subject should be carefully studied and verified by authorized structures and employees. The fact of establishing the guilt of a person must be recorded by a decision of a judge or other official who has examined the case that has entered into force. The presumption of innocence is also expressed in the fact that the subject, brought to administrative responsibility, is not obliged to prove his innocence. At the same time, in accordance with regulatory provisions, all doubts arising in the course of production are interpreted in his favor.

Legality

The functioning of the administrative system is based on certain rules related to ensuring the lawfulness of enforcement measures against the entity that committed the violation. The legislation, in particular, establishes that:

1. Provisions and coercion measures may be applied to a person only in cases established by regulatory enactments.
2. The subject is held accountable by an official or competent authority only within the scope of their authority.
3. When applying administrative coercive measures, inaction / actions, as well as decisions that can degrade human dignity are not allowed.

Additional Provisions

In the theory of administrative law at present, many principles have been identified that have not found legislative consolidation as fundamental. Such provisions, for example, include the inadmissibility of reversing the norm, aggravating or imposing punishment. There is a ban on the application of the new law, mitigating or eliminating the sanction. Among other provisions, the following principles should be noted:

1. Warranty protection in court. This means that everyone can contact the authorized body to restore their rights, appeal unreasonable or illegal decisions, actions / inactions that infringe on the interest of the subject.
2. Inadmissibility of the use of evidence and evidence obtained in violation of the established procedure for collecting materials. This principle follows from Art. 50 of the Constitution. It provides a guarantee of protection of the interests of the subject from the arbitrariness of employees of state bodies.
   
3. The inevitability of liability. This principle implies that the definition of a measure of responsibility and the application of sanctions punishes all entities that have committed a violation of the law.
4. Individualization. This principle establishes that punishment should be imposed on a person taking into account the nature of the violation, aggravating and mitigating factors, personal characteristics of the citizen, his property status, financial situation (for organizations).

Institute Objectives

The legislation provides an administrative form of liability for:

1. Ensuring the protection of order in society.
2. Education respect for the law.
3. Restoring social justice.
4. Prevention of new violations.

Achieving these goals is ensured by the implementation of the following functions:

1. Penalty (punitive). It lies in the fact that responsibility, on the one hand, acts as a punishment, and on the other, as a means of preventing the commission of other violations.
2. Educational. This function consists in deliberately influencing the consciousness of people to form a positive attitude towards the law.
3. Compensatory. It consists in restoring the financial situation violated in connection with a perfect misconduct.

Conclusion

As a regulatory basis for the application of administrative responsibility is a system of legal requirements that determine the conditions and procedure for the implementation of coercive measures established by law. Sanctions can be applied to an entity only if it commits an offense as provided for in the Code of Administrative Offenses and a number of other sectoral laws. The procedural basis for the application of liability measures is the decision of the authorized structure or employee, issued in accordance with the rules enshrined in law. The regulatory framework of the institute includes the Code of Administrative Offenses, federal and regional legal acts. They establish the principles of administrative responsibility, the rules for its application, the powers of officials and competent structures. The subject who committed the violation may be punished only in accordance with the requirements in force in the specified regulatory enactments.