Administrative misconduct

The concept of "administrative misconduct" is very common in legal practice. The main meaning of this term is to bear responsibility for certain offenses, which include attacks on public order, the rights or freedom of citizens, and more.

Administrative misconduct is characterized by the following criteria. First, in most cases it is antisocial, that is, violates the interests of the state, citizen or group of persons. Secondly, it is unlawful: the act is aimed at violating the norms (which may be not only administrative). Also for this misconduct is characterized by guilt (that is, the action was committed intentionally or through negligence), which is most often proved in court.

The legal literature describes that the basis of administrative responsibility can be of two types: normative and actual. In the latter case, this is a perfect misconduct, for which a penalty can be applied. In addition, legal provisions may be the basis, following which administrative responsibility applies .

You can consider an example showing a violation of this kind. Two students crossed the road to the green light. However, when they were in the middle of the road, red turned on, and instead of waiting, they decided to run across the rest. The driver of the car was driving a little faster than it should, in connection with this, after he braked sharply, he was carried out in the opposite lane, towards the bus. Cars collided, but no one was hurt. In this case, the perpetrators of the incident committed an administrative offense (this is a violation of traffic rules and speeding), and therefore should be held accountable for this. Such violations include the appearance in a public place of extreme alcohol intoxication, petty theft (up to a thousand rubles), hooliganism, a fight, etc. Usually, a fine is issued as a punishment , but sometimes it is imprisonment for a short time ( no more than 15 days).

Responsibility of this kind is provided in Russia from 16 years. Adolescents who have committed administrative misconduct are subject to the measures provided for in the special Regulation of the Commission on Juvenile Affairs. However, if a person under the age of 18 years has committed a petty theft of public property, moreover, does not fulfill the requirements of the police, violates the rules of the road, etc., he will be sentenced on a general basis.

So, in the above example, adolescents (pedestrians) received a warning, and a fine of a minimum salary was issued to the driver. In the event that it turned out that he was also intoxicated, more stringent measures could be applied to him (for example, deprivation of rights for a long time). In the case of hooliganism (fights, insults from others in public places, etc.), the offender may be arrested for up to 15 days. In this case, the person is briefly deprived of their liberty, while it is possible to use him in physical work without paying a salary. Usually this measure is used quite rarely if an administrative misconduct is committed more than once.

Thus, the imposition of a fine, deprivation of rights, warning, reprimand - these are the methods of punishment, the purpose of which is the prevention of subsequent offenses, as well as fostering a person's respect for the laws and order. Currently, many normative acts are being amended, especially regarding the rules of the road, which tighten the measures applied for gross violations. It should be remembered that every citizen is responsible for his actions.

Source: https://habr.com/ru/post/E4418/


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