Publication date: 29.05.2024
Administrative liability and administrative offenses
Administrative liability is one of the types of legal responsibility that arises for administrative offenses. It plays an important role in ensuring law and order and compliance with the rules of behavior in society. Let us consider the main aspects of administrative liability and administrative offenses.
The concept of an administrative offense
An administrative offense (misdemeanor) is an unlawful, culpable act (action or inaction) that infringes on public order, property, rights and freedoms of citizens, and the established order of government. These acts are distinguished from criminal offenses by their lower social danger. You may also be interested in the following articles: legal advice, legal advice, legal analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal assistance, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
Signs of an administrative offense
Unlawfulness - the act violates the established legal acts.
Culpability - the presence of guilt in the form of intent or negligence.
Punishability - the provision of administrative liability for this act.
Social harm is a negative impact on social relations.
Classification of administrative offenses
Administrative offenses can be classified according to various criteria.
Depending on the object of the offense
Offenses in the field of public order - disorderly conduct, violation of silence.
Healthcare offenses - violation of sanitary standards.
Offenses in the field of economic activity - violation of trade rules.
Offenses in the field of road safety - speeding, driving while intoxicated.
Depending on the subject of the offense
Citizens - individuals who have reached the age of 16.
Officials - persons who hold certain positions and have certain responsibilities.
Legal entities - organizations, institutions, and enterprises.
Administrative liability
Administrative liability is incurred for committing administrative offenses and consists in imposing administrative penalties on the perpetrators.
Types of administrative penalties
Warning - an official warning about the inadmissibility of an offense.
Fine - a monetary penalty.
Paid seizure of an object is the seizure of an object of an offense with its subsequent sale.
Confiscation of an object is the gratuitous seizure of the object of an offense into state ownership.
Deprivation of a special right - the right to drive a vehicle, the right to hunt, etc.
Administrative arrest - short-term restriction of liberty for up to 15 days.
Correctional labor - assigned for a period of up to 2 months with a portion of the earnings deducted to the state.
Community service - free socially useful labor for a period of 20 to 60 hours.
The procedure for bringing to administrative liability
Detection of an offense is the recording of an act that has signs of an administrative offense.
Protocol is a document containing information about the offense, the identity of the offender, and the circumstances of the case.
Case consideration - conducted by a body or official authorized by law.
