Administrative legal relations take shape in one of the most extensive areas in the Russian legal proceedings. The main legislative source of administrative law is the Administrative Code of the Russian Federation "On Administrative Offenses." What is this normative act? The answer to this question will be provided in the article.
What is the Code of Administrative Offenses of the Russian Federation?
The interpretation of the abbreviation presented is as follows: Code of Administrative Offenses. This is a rather large normative act, which contains comprehensive information on the types of violation of the law and methods of their prevention. It is worth noting that the Administrative Code of the Russian Federation extends its effect throughout the territory of the Russian state. The Code strictly complies with the provisions of the Constitution and international law. The jurisdiction of the considered normative act includes:
- general provisions and principles of administrative law;
- list of administrative offenses;
- administrative procedure;
- production execution process, etc.
The objectives of this law include: protecting the rights and freedoms of Russian citizens, foreigners and stateless persons, protecting public morality, protecting nature, organizing public safety, and much more.
Principles of law
What is the Code of Administrative Offenses of the Russian Federation? The decoding and characterization of this concept is provided by articles 1.4-1.8 of the law in question, which speaks of the principles for the implementation of administrative legal relations. It is the ideas and conditions on which this or that normative act is based that best characterize the law itself.
To begin with, it is worth highlighting the principle of equality before the law. Absolutely all persons located on the territory of the Russian Federation must comply with the provisions set forth in the chapters of the Code of Administrative Offenses of the Russian Federation. At the same time, the status of a person, his sex, worldview, etc. are completely unimportant. Before the law, all people will be equal.
Section 1.5 of the law enshrines the principle of the presumption of innocence. Here, everything is quite simple: no person can be accused and subject to punishment exactly until his guilt is proved by the court. Moreover, the person himself does not have the obligation to prove his innocence.
It is also worth highlighting the “classical” principles on which the Code of Administrative Offenses of the Russian Federation is based: these are humanity, protection of human rights and freedoms, compliance with the Russian Constitution, and much more.
The concept of administrative offense
Having figured out what the Code of Administrative Offenses of the Russian Federation is, the decryption of which has been settled for a long time, it is worth moving on to another, no less important concept. The most important element of the considered normative act is an administrative offense. This is a guilty, illegal act, for which liability is established by law. An act may be expressed as action or inaction.
Responsibility for the Code of Administrative Offenses of the Russian Federation lies with both individuals and legal entities. Moreover, the punishment of a legal entity does not exempt some individuals from liability.
An offense can have two forms of guilt: intentional and through negligence. In the first case, the guilty person is well aware of the unlawful nature of his act. In the second case, the person who committed the violation of the law should have counted on the prevention of harmful consequences.
Administrative punishment
As already mentioned, any violation of law must be followed by legal punishment. Administrative punishment, according to article 3.2, can be expressed in the following forms:
- a fine under the Code of Administrative Offenses of the Russian Federation (usually varies depending on whether an individual or legal entity);
- warning;
- confiscation (seizure) of the instrument of the offense;
- administrative arrest;
- suspension of activity;
- disqualification;
- obligatory work;
- expulsion of a foreign citizen from the borders of the Russian state.
Any legal punishment always pursues the same goals: to prevent the commission of new violations and the educational impact on the guilty person. In this case, the punishment should in no case diminish the dignity and honor of the guilty person.
Who is considering the offenses?
Who is involved in the implementation of administrative proceedings? According to the law, a whole system operates here, consisting of a variety of organs, authorities and branches. The most important persons here are, of course, the judges - regional or world. Judges of the Supreme Court may also consider cases as representatives of the cassation instance.
It is also worthwhile to single out commissions on cases of minor citizens, instances of the penal system, regional executive bodies, and even the Bank of Russia (but only on issues of its jurisdiction). Administrative cases may be dealt with by the heads of federal bodies and various structural units, as well as deputy heads.
Subjects of administrative proceedings
Who is part of the system of administrative legal relations? According to Chapter 25, part 1 of the Code of Administrative Offenses of the Russian Federation, the following persons are participants in production in the area under consideration:
- The citizens themselves or legal entities in respect of which the production is carried out. This person has the opportunity to get acquainted with the case file, submit evidence, write challenges and petitions, use the services of lawyers, etc.
- Judge, official, special body or any other authority that deals with the consideration of the case.
- Victim - a person who has suffered physical, mental or property damage in the course of breaking the law.
- The legal representatives of the victim or the accused, if any of the subjects has not yet reached the age of majority. It is also worth noting the legal representatives of the legal entity.
- Defender, that is, a lawyer. According to the law, this is a person who provides legal assistance to the accused or representative.
Separately, it is worth talking about witnesses. These are persons who have the right to testify, make comments regarding information entered in the minutes, use the assistance of an interpreter, and so on. If the witness is a minor, then the presence of a psychologist will be mandatory.
The content of the Code of Administrative Offenses: first group
Chapters 5-21 provide information on administrative offenses for which the law establishes liability. So, in chapter 6 of the Administrative Code of the Russian Federation contains information about acts that infringe on the life, health and morality of citizens. Here it is worth highlighting beatings, violation of sanitary requirements, prostitution, illegal circulation of medicines and much more.
Chapter 7 deals with property protection. A certain part of the acts in which property law is violated is recorded in the Code of Administrative Offenses of the Russian Federation. The other part contains the Criminal Code. Administrative offenses here are unauthorized occupation of a site, unauthorized use of natural resources, etc. Chapter 8 deals with environmental protection, and chapter 9 deals with violations in industry, energy or construction, etc.
Chapter 10 refers to violations in the agricultural sector, and chapter 11 and 12 to violations in transport. In fact, it is on the basis of these two chapters that traffic rules are built.
The content of the CAO: the second group
In the Administrative Offenses Code of the Russian Federation, with the latest amendments of January 20, 2017, chapter 13 talks about offenses in the field of information and communication. It also contains rules on violation of information protection rules. A rather extensive chapter 14 describes administrative violations in the field of entrepreneurial activity. Here sanctions are fixed for the creation of a monopoly, cartels, violation of the pricing order and much more.
Chapter 15 describes violations of the law in the financial sphere, as well as in the field of work with taxes, securities, fees, insurance elements, etc. Violation of customs law is enshrined in chapter 16, and acts having the nature of an infringement of state power - in chapter 17. Violation of the borders of Russia is punishable by the sanctions established in chapter 18, and such complex acts as arbitrariness, violation of the order of obedience or management - in chapter 19 Public safety and public order are regulated by chapter 20. Military registration is enshrined in chapter 21.
Changes in the law
Recent changes to the Code of Administrative Offenses of the Russian Federation occurred on January 1, 2017. Unlike previous versions, the decryption of the Code of Administrative Offenses of the Russian Federation remained the same. What happened to the rest of the law? Article 9.5 of part 2 of the law has changed, which dealt with engineering surveys. The list of state-owned corporations that exercise supervision is replenished here by Rosatom.
Slightly changed the content of Article 19.4. Here the list of persons performing control and supervisory activities in the field of obstructing the work of representatives of the law has been added. In article 24.3, the Internet was added to the list of objects through which offenses could be committed.