The concept of administrative offense
The law discloses the concept of an administrative offense and indicates that it is an unlawful, socially dangerous act committed by a legal or natural person for which liability is provided for in accordance with the Code of Administrative Offenses or on the basis of other legislative norms.
An administrative offense can be committed both intentionally and through negligence. An intentional violation is an action that was committed by a person who is aware of the wrongfulness of what he commits and wishes the consequences of a negative nature from his actions to occur.
An administrative offense is considered to be committed by negligence if the natural or legal person who committed it did not foresee the onset of bad consequences or foresaw, but expected to avoid them. The statute of limitations for administrative offenses is established by law.
Starting from the age of sixteen, a citizen can be held administratively liable for unlawful acts committed by him.
Types of punishment
When committing actions that do not have serious public danger, a warning may be issued to the perpetrator.
The following types of punishment also apply:
- confiscation of the subject by which an unlawful act was committed;
- fine;
- deprivation of the right to perform certain actions, for example, to drive a vehicle;
- in the case of acts dangerous to society, an administrative arrest may be applied;
- persons who fill public service positions of federal significance or within the framework of a constituent entity of the Russian Federation, are members of the executive bodies of legal entities or are involved in training athletes, may be disqualified by a court decision.
- foreign citizens and stateless persons may be expelled from the country;
- in the conduct of activities carried out in violation of the law, it may be decided to suspend such activities in order to prevent the commission of violations.
Limitation period
Administrative liability for committed acts comes until the statute of limitations for administrative offenses established by law has not expired.
Until 2010, the total statute of limitations for administrative offenses was two months, but in May 2010 the Code was amended and the statute of limitations for some categories of administrative cases was increased.
At present, the statute of limitations in administrative cases is two months, and in the case when administrative prosecution is decided by the court, the term is extended to three months.
Considering some features of the identification of offenses and the search for evidence, in certain categories of administrative cases, the law establishes a limitation period for bringing to such cases administrative responsibility - one year.
Such administrative cases, in particular, include: violation of patent, customs, antitrust, currency law, non-compliance with traffic rules (in cases that entailed causing slight damage to the health of the victim or damage of moderate gravity), copyright protection.
The statute of limitations for administrative offenses that are related to a violation of corruption laws is six years from the moment the offense is committed. If the offense does not stop for a long time and is of a continuing nature, the statute of limitations for such an offense will be calculated from the moment it was discovered.
For an administrative offense that may result in the application of a penalty of disqualification, the limitation period is one year from the date the offense was committed.
The statute of limitations in administrative law can be suspended only in one case, if the person who committed the administrative offense, filed a motion for consideration of an administrative case at his place of residence. In this case, the period of time from the moment the application was granted to the day the administrative case materials are submitted for consideration is excluded from the statute of limitations.