Today, liability for offenses related to public administration provides for administrative punishment. The essence of administrative offenses is that harm is inflicted on public or state order, the rights and freedoms of citizens, property, and so on.
Administrative violation has the following symptoms:
- there is always an encroachment on any priorities, as well as the values ​​of the state or society. Administrative violation infringes on someone else’s interests and rights;
- this offense negatively affects the life of the state and society, breaks the existing public order;
- administrative sanction is unlawful.
Regulatory acts that relate to administrative offenses are codified sooner or later. Note that to include in the code - this means to systematize, streamline. The Code of Administrative Offenses of the Republic of Kazakhstan, Ukraine, Russia and other countries have much in common. In principle, the punishment system is the same.
An administrative offense is an unlawful act that rereads the norms specified in laws. It can be expressed not only by actions, but also by inaction. With all this, a volitional character must be inherent in all this. The thing is that a person must be aware of what he is doing, understand the inevitability of the onset of a negative result.
Administrative rules have the goal of maintaining state discipline, as well as public order. An administrative offense, the examples of which are very different, can be associated with a violation of traffic rules, rules of conduct in public places, rules of trade, fishing, hunting, rules of military registration and so on.
Mandatory rules of administrative law are always addressed to a circle of persons that is broad. This means that some of them relate only to legal entities, some to people working in the economic sector, some exclusively to officials, and so on.
Administrative offense may be associated with the action or inaction of the subject. Under the action is understood as nothing more than an active form of behavior of the person who committed the offense associated with the failure to fulfill certain obligations, violation of prohibitions, legal requirements and so on.
Inaction is understood as a passive form of behavior. It is associated with violation of prohibitions, failure to comply with legal requirements, specific duties.
Allocate the composition of an administrative offense, allowing to separate one administrative offense from another. The composition of this offense is the totality of the elements of the offense, which is established by law. In the presence of all necessary signs, the act is recognized as antisocial and sanction may be imposed for it in accordance with the norms of administrative law. The legal composition is the only basis for administrative responsibility.
Elements (signs) that an administrative offense has:
- subjective side;
- subject;
- objective side;
- an object.
The object refers to those social relations that suffered as a result of an administrative offense, the objective side is connected with the unlawfulness of the act. The subject of administrative law is the person committing it, and the subjective party is associated with the specific circumstances of its commission.
Administrative offense is the basis for administrative punishment. Most often it is done out of court.