The concept of the subject administrative offense

An administrative offense implies a violation by individuals and/or legal entities of legal norms that relate to administrative branch rights.

The subjects of an administrative offense can be both legal and individuals. Individuals as subjects of an administrative offense can be divided into:

• citizens of Russia;
• foreign citizens;
• citizens who have special and/or military ranks;
• stateless persons;
• officials and many others.

Types of subjects of administrative offense

Subjects of an administrative offense can be divided into:

• General subjects of administrative offense;
• Special subjects of administrative offense.

General subjects of administrative offenses are divided into individuals and legal entities.

Definition 2

It is customary to refer to individuals as citizens of the country, stateless persons, or as they are usually called in legal literature - stateless persons, Foreign citizens.

Definition 3

Legal entities are usually classified as organizations that have both Russian and foreign registration operating on the territory of the country, regardless of the form of ownership and organizational legal form.

Officials as subjects of administrative offenses

Definition 4

Officials, in accordance with modern legislation, are recognized as persons representing structures of the state apparatus, as well as other employees who, by virtue of their job responsibilities perform a number of administrative, organizational and administrative functions.

From ordinary citizens Regarding the administrative branch of law, officials are distinguished by increased measures of responsibility.

It should be taken into account that offenses committed by officials that are not related to their professional activity, are punished on an equal basis with other citizens of the country.

Military personnel as subjects of administrative offenses

According to the norms modern legislation military personnel include career military personnel, citizens called up for military training during the period of their conduct, employees of other organizations that have special ranks and wear shoulder straps as a distinctive sign:

• employees Investigative Committee RF;
• employees of the penal system;
• employees of the Ministry of Emergency Situations;
• customs officers;
• police officers.

In the event that employees special institutions are equated to the military, it must be remembered that only certified workers are meant here.

Note 1

Military personnel and persons equivalent to them for many offenses that are enshrined in the administrative branch of law do not bear administrative punishment, but are subject to disciplinary liability.

It should be taken into account that offenses committed by military personnel, as well as by officials who are not related to their professional activities, are punished on an equal basis with other citizens of the country.

Individuals as subjects of an administrative offense

Individuals who may be held liable for administrative offenses must meet two basic requirements:

• must be sane;
• must reach the age specified by law.

Responsibility for administrative offenses may be borne by individuals who have reached the age of 16 years. The law does not provide for any exceptions to this point.

If a person who has committed an administrative offense is declared insane by a court, based on the conclusion psychiatric examination, then it is not subject to liability.

Legal entity as a subject of an administrative offense

Most articles of the Code of Administrative Offenses contain a clarification that indicates the relationship of this article to legal entities or individuals.

In the case where such instructions are not contained, the effect of the norm applies equally to both individuals and legal entities.

Administrative an offense illegal is recognized culpable act(inaction) of an individual or legal entity, for which administrative liability is established by the Code of Administrative Offenses or the laws of the constituent entities of the Russian Federation on administrative offenses.

There are the following signs administrative offense.

Public danger. As a result of committing an administrative offense, damage is caused to the rights and legitimate interests citizens, society and state. This objective sign administrative offense.

Illegality – indicates that as a result committed act legal prohibitions are violated, established by standards administrative, financial, labor and other industries Russian law. Administrative legal sanctions protect relations in various areas human activity, which indicates their universal nature. This is a subjective sign of an offense, since it depends on the will of the legislator.

Guilt. An act is recognized as an administrative offense if it is committed guilty, that is, intentionally or through negligence. Innocent acts for which legal liability, are allowed in civil law(objective imputation).

Punishability. For committing an administrative offense the application provided for by law measures administrative responsibility. More often we're talking about on administrative penalties. This does not apply to cases of exclusion of administrative liability, exemption from administrative liability and limitation of administrative liability based on subjective characteristics.

Composition of an administrative offense a set of objective and subjective signs described in legal norm necessary and sufficient to recognize the committed act as a specific administrative offense.

Elements composition of an administrative offense:

1) the object of an administrative offense;

2) the objective side of the administrative offense;

3) subject of an administrative offense;

4) the subjective side of an administrative offense.

Meaning of an administrative offense is that it is the basis for administrative liability. If there is no corpus delicti of an administrative offense in the act, the case of an administrative offense cannot be started, and what has been started is subject to termination.

According to the degree of public danger the composition of an administrative offense can be basic, with aggravating circumstances (qualified), with especially aggravating circumstances (especially qualified).

According to the method of describing the characteristics of the composition it can be simple (consists of one act, one consequence, has one object and one form of guilt) or complex (contains a description of some offenses, several objects, several forms of guilt).

Depending on the special legislative constitution related to determining the moment of completion of the offense, the composition is divided into material (considered completed from the moment the consequences established by law occur) and formal (considered completed from the moment the act is committed and does not require the occurrence of specific consequences).

The object of an administrative offense are public relations in the sphere government controlled regulated by legal norms and protected by administrative measures.

Meaning object of an administrative offense:

1) defines a circle public relations protected by administrative measures;

2) largely determines what is illegal or not illegal act;

3) determines the severity of possible or expected harm. Kinds objects of administrative offense:

1) general object (the totality of all social relations arising in the sphere of public administration, regulated by standards administrative law and protected by the rules of administrative liability);

2) generic object(a certain range of one-sided social relations (benefits, values) protected a single complex administrative and legal measures constituting an integral and independent part common object);

3) species object (certain group social relations, which are protected by administrative legal norms, common to a number of offenses of the same kind);

4) direct object (specific social relations protected by administrative legal norms, which are damaged by this offense);

5) additional object(social relations that are damaged by an offense, but which do not act as the main object of law enforcement, but complement it);

6) optional object (social relations, which, depending on the prevailing conditions, may or may not be damaged).

Item administrative offense - an element of a social relationship, benefit, value of a material or other nature protected by law, by influencing which the offender causes harm to this relationship.

The difference between an object and an object administrative offense:

1) the object is in any offense, but the subject may not be;

2) the subject is an optional element of the object;

3) the object always suffers damage from a crime; the object often does not suffer (for example, during theft).

The objective side of an administrative offense external expression of an administrative offense, characterized by an act, the consequences that occur and the cause-and-effect relationship between them.

Required elementsobjective side The object of an administrative offense is: an unlawful act (in the form of an action or inaction), socially harmful consequences, a cause-and-effect relationship between the act and the resulting consequences.

Optional elements: time (time period during which the act was committed and socially harmful consequences occurred), place ( certain territory, where the unlawful act was committed and its consequences occurred), method (techniques, methods used in committing an offense), situation (set of circumstances surrounding the event of the offense), sign of another person (failure to comply with an order, authorized person offender).

Unlawful act - This is a conscious, volitional action or inaction that caused harm to protected social relations.

Illegal action – This is a socially dangerous, active, conscious, volitional behavior of a subject that has caused harm to protected social relations.

Illegal omission – unlawful passive behavior of a subject obliged to act in a certain way; the obligation to perform actions may arise from a law or other regulatory legal act, professional responsibilities, order or other instruction, by virtue of an agreement, from previous actions.

An act can be one-time (there is only one act), collective (consists of a system of identical repeated unlawful acts), ongoing (begins with illegal action or inaction associated with subsequent long-term failure to fulfill the duties assigned to the perpetrator under the threat of administrative punishment), continued (an offense consisting of a series of illegal acts aimed at achieving common goal and constituting in their entirety a single offense).

Socially harmful consequences – negative changes occurring (occurring) in social relations as a result of an unlawful act.

Depending on the nature of the social harmful consequences distinguish between material and intangible consequences.

Causal relationship - this is an objective connection between a socially dangerous act and a socially harmful consequence, in which this act determines the occurrence of this consequence.

Subject of an administrative offense a person who has committed a public crime is recognized dangerous act and capable of bearing administrative liability (having administrative tortious capacity).

According to current legislation, subjects of administrative offenses are: individual subjects and legal entities.

Individual subjects – individuals who have reached the age of 16 and are of sanity.

Sanity – the ability of an individual who has reached the age of 16 to realize the actual nature of his act, his public danger and manage it.

Individual subjects of administrative offenses are divided into general (those who have reached the age of 16, sane) and special (reflecting the characteristics of labor, official position; past illegal behavior, other features legal status citizens).

One of the special subjects is officials. In accordance with the note to Art. 2.4 of the Code of Administrative Offenses, an official should be understood as a person, permanently, temporarily or in accordance with special powers carrying out the functions of a representative of power, i.e. vested in the manner prescribed by law administrative powers in relation to persons who are not officially dependent on him, as well as a person performing organizational, administrative or administrative functions in government agencies, organs local government, government and municipal organizations, as well as in the Armed Forces of the Russian Federation, other troops and military formations Russian Federation. Managers and other employees of other organizations, as well as persons performing entrepreneurial activity without forming a legal entity, bear administrative responsibility as officials, unless otherwise provided by law.

The legislation establishes the specifics of liability for individual species subjects. Yes, except individual offenses military personnel, citizens called up for military training, and employees of internal affairs bodies, bodies and institutions of the penal system, State fire service, traffic control authorities narcotic drugs And psychotropic substances And customs authorities in accordance with federal laws and other regulatory legal acts RF, regulating the passage military service(services) by the indicated persons and their status bear disciplinary liability. The exception is administrative offenses provided for in Art. 5.1 – 5.26, 5.45 – 5.52, 5.56, 6.3, Chapter 8, Art. 11.16 (regarding violation of rules fire safety outside the place of military service (service) or military training), Chapters 12, 15 and 16, Art. 17.7, Art. 18.1 – 18.4 and Art. 20.4 (regarding violation of fire safety requirements outside the place of military service or military training) of the Code of Administrative Offenses.

Special conditions for bringing to administrative responsibility officials performing certain government functions(deputies, judges, prosecutors and other persons) are established by the Constitution and federal laws.

Legal entities – organizations that own economic management or operational management separate property and are liable for their obligations with this property, can acquire and carry out property and personal moral rights, duties, to be a plaintiff or defendant in court.

Legal entities are subject to administrative liability for committing administrative offenses in cases provided for in articles Section II of the Code of Administrative Offenses or the laws of the constituent entities of the Russian Federation on administrative offenses. If the articles of sections I, III, IV, V of the Code of Administrative Offenses do not indicate that the norms established by these articles apply only to an individual or only to a legal entity, these norms apply equally to both individuals and legal entities, with the exception of cases where, within the meaning of these rules, they relate and can be applied only to an individual. When several legal entities merge, the newly formed legal entity is brought to administrative responsibility for committing an administrative offense. When a legal entity joins another legal entity, the merging legal entity is held administratively liable for committing an administrative offense. When dividing a legal entity or when separating one or more legal entities from a legal entity, the legal entity to which, according to the separation balance sheet, the rights and obligations regarding concluded transactions or property in connection with which the administrative offense was committed, is held administratively liable for committing an administrative offense offense. When a legal entity of one type is transformed into a legal entity of another type, the newly created legal entity is brought to administrative responsibility for committing an administrative offense. In the cases specified in parts 3 – 6 of Art. 2.10 of the Code of Administrative Offenses, administrative liability for committing an administrative offense occurs regardless of whether the legal entity brought to administrative responsibility was aware of the fact of an administrative offense before the completion of the reorganization. Administrative penalties imposed in accordance with paragraphs. 2 – 4 hours 1 tbsp. 3.2 of the Code of Administrative Offenses to a legal entity for committing an administrative offense before the completion of the reorganization of the legal entity, are applied taking into account the provisions of Parts 3 - 6 of Art. 2.10 Code of Administrative Offences.

Subjective side administrative offense This is the mental sphere of activity of a person who has committed an administrative offense in connection with his commission of a socially dangerous act.

Elements the subjective side of an administrative offense can be mandatory (guilt) or optional (motive, purpose).

Guilt - This is a conscious, volitional attitude of the subject to the socially dangerous act he committed and to the resulting consequences, expressed in the form of intent or negligence.

The division of guilt into intentional and careless in administrative law applies only to legal entities.

Intentional guilt(the person who committed the administrative offense was aware of the illegal nature of his action (inaction), foresaw its harmful consequences or consciously allowed them or was indifferent to them).

Careless guilt(the person who committed an administrative offense foresaw the possibility of harmful consequences of his action (inaction), but without sufficient grounds for this, he arrogantly counted on preventing such consequences or did not foresee the possibility of such consequences, although he should have and could have foreseen them).

A legal entity is found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the rules and norms for violation of which the Code of Administrative Offenses or the laws of a constituent entity of the Russian Federation provides for administrative liability, but this person did not take all measures depending on it to comply with them . The imposition of an administrative penalty on a legal entity does not exempt from administrative liability for this offense guilty individual, as well as prosecution for administrative or criminal liability an individual is not released from administrative liability for this offense by a legal entity.

Target - the intended result that the perpetrator is striving for; the desired consequences that should occur as a result of the commission of administrative offenses.

Motive – a conscious reason prompting the perpetrator to commit an offense related to the satisfaction of his needs.

Goals and motives can act as a mandatory feature of the main element of the offense, qualified sign individual trains offenses, obligations, aggravating or mitigating administrative liability.

The goals and motives of offenses are subject to:

Evidence in a case of an administrative offense;

Taking into account when determining the measure and type of administrative responsibility;

Analysis when studying the reasons for committing an offense.

Depending on the scope of the commission: committed in economic sphere committed in the administrative and political sphere, committed in the socio-cultural sphere.

Depending on the generic object of the encroachment: encroaching on public order, on public order, on public safety, on the rights of citizens and public health, on property, on established order control, to other objects.

Depending on the nature of the act: committed in the form of action and committed in the form of inaction.

Depending on the subject of the offense: committed by an individual subject, legal entities, both an individual subject and legal entities.

Depending on the form of guilt: committed intentionally and through negligence.

Depending on the condition of the individual who committed the offense: in a state of intoxication, with mental disorders.

In the theory of administrative law, the objects of encroachments of administrative offenses are traditionally divided into four groups: general, generic, specific and direct. This division has not only theoretical, but also practical significance, since it allows the law enforcement officer to carry out the process of qualifying administrative offenses, that is, attributing an unlawful act to a specific article of the Special Part of the Code of Administrative Offenses of the Russian Federation or an article of the law of a subject of the Russian Federation establishing administrative responsibility.

Common object of administrative offenses are social relations in the sphere of public administration, regulated by the rules of law (constitutional, labor, land, environmental, financial, civil), protected and protected by measures of administrative responsibility..

Generic object - part of a common object. As a criterion for dividing a common object into parts, one can take branch of public activity where social relations take shape (in agriculture, in industry, in transport...) or content of protected public relations(property, public order, citizens' rights, management order). It is the generic object that underlies the construction of the Special Part of the Code of Administrative Offenses of the Russian Federation, for example, in Chapter 5, offenses encroaching on the rights of citizens are concentrated, in Chapter. 14 - offenses related to business activities.

Species object - a type of generic, a specific group of social relations, common to offenses included in one chapter. The identification of a specific object is necessary and justified, since it is precisely this system of objects that delineates in detail social relations among themselves, which in turn allows the law enforcement officer to better carry out the process of qualifying administrative offenses and effectively impose administrative penalties on guilty persons.

Under direct object We consider that part of homogeneous social relations to which an administrative offense directly causes damage (for example, the right to own, use and dispose of specific property when committing petty theft). The direct object can be specific norms, rules, regulations, prohibitions. The direct object makes it possible to distinguish between homogeneous administrative offenses.

In a number of cases, the object of an administrative offense is closely related to subject encroachment, that is, with an external object, material world which is affected by the offense and to whom damage is caused (for example, a tax return for administrative offenses in the field of taxes and fees). However, the subject of an administrative offense cannot be identified with the object, even though it is an element of social relations, which also implies its protection.

2.2 The objective side of the offense.

The objective side of the offense is a system of signs provided for by the norms of administrative law that characterize its external manifestation.

The objective side of anyone is characterized by two groups of signs: mandatory And optional.

In number mandatory features includes the illegal act itself (action or inaction) his socially harmful consequences And logical connection between them . For example, a violation indrivers of vehicles of the Road Traffic Regulations(Chapter 12 of the Code of Administrative Offenses of the Russian Federation) can be expressed in different actions:exceeding the established speed, non-compliancerequirements of road signs, driving through a prohibiting signaltraffic lights, intersection solid line markings, etc. Or an example of inaction. Failure to take measures to eliminate the causes and conditions conducive to the commission of an administrative offense (Article 19.6 of the Code of Administrative Offenses of the Russian Federation).

We talked about the fact that the legal elements of administrative offenses, by their legislative design, can be formal and material. It is precisely according to the objective side of an administrative offense that they are divided as follows. That is, the mandatory signs of the objective side of an administrative offense with a formal composition do not include the socially harmful consequences of an unlawful act and the causal relationship between these two signs.

For administrative offenses with a material composition, the obligatory signs of the objective side are: socially harmful consequences of an unlawful act and a causal relationship between these two signs.

Optional characteristics the objective side of the offense is additional criteria characterizing the conditions and circumstances of the offense. In administrative law, the following are distinguished: time, place, method, nature of the act, its recurrence, repetition, maliciousness, systematicity. They are not inherent in all elements of administrative offenses, which is why they are called optional features the composition of an administrative offense, i.e. optional signs.

At the same time, for a number of administrative offenses, any of the optional signs, due to the legislative structure of the composition, becomes a mandatory sign of the objective side of the offense. T For example, the administrative offense of “firing a weapon in places not designated for this” as a mandatory sign of an objective party indicatesplace committing an administrative offense (Article 20.13).

From the objective side, administrative offenses can simple And complex.

Simple the act constitutes single action or short-term inaction, a single short-term act of unlawful behavior ( petty theft).

Complex the act may consist of several independent actions or be extended over time.

The following types of complex acts are distinguished:

- with two different actions (for example, petty hooliganism involving disobedience to the lawful demand of a government representative);

- consisting of alternative actions (for example, violation of the rules of production, sale, collecting, exhibiting, accounting, storage, carrying or destruction of weapons and ammunition);

- lasting;

-continued;

Since in the Code of Administrative Offenses of the Russian Federation the legislator specifically identifies ongoing offenses (Article 4.5 of the Code of Administrative Offenses of the Russian Federation), we will dwell on them more specifically.

Continuing offense– an action or inaction, as a result of which an obligation is not fulfilled for a long time. A continuing violation is based on a legal obligation not to be fulfilled by a person for a long time not to violate legal prohibition or, conversely, commit provided for by the norm rights action. It is typical for him continuous carrying out a violation, most often through prolonged inaction. A continuing offense is united.

The initial moment of the offense is an action or inaction that entails a long-term violation of the prohibition, or a long-term failure to fulfill an obligation. It ends with the actual cessation of the offense or legally with the bringing of the perpetrator to justice. (for example, Article 19.15 of the Code of Administrative Offenses of the Russian Federation residence of a citizen without registration). Failure to fulfill the obligation provided for by a regulatory legal act by the deadline established therein is not a continuing administrative offense. 1

A continuing administrative offense should be distinguished from continued , which means the commission by the same person of several identical offenses, for each of which he is subject to administrative liability.

On repetition administrative offense directly indicates clause 2, part 1, article 4.3 of the Code of Administrative Offenses of the Russian Federation. Repetition means committing by the same person during a certain Art. 4.6 of the Code of Administrative Offenses of the Russian Federation for a period (one year) of a homogeneous offense for which it has already been subject to administrative punishment.

There are 2 options for expressing repetition:

Repetition serves as a circumstance aggravating liability for an administrative offense (Article 4.3)

A simple type of offense turns into a qualified one, for the commission of which increased administrative liability is established (Part 2 of Article 5.27).

16.5. Subject of an administrative offense

Subject of an administrative offense a person who has committed a socially dangerous act and is capable of bearing administrative liability (has administrative tortious capacity) is recognized.

According to the current legislation, individuals and legal entities are recognized as subjects of administrative offenses.

Individual subjects – individuals who have reached the age of 16 and are of sanity.

Sanity – the ability of an individual who has reached the age of 16 to understand the actual nature of his act, its social danger and manage it.

Individual subjects of administrative offenses are divided into general (those who have reached the age of 16, sane) and special (reflecting the characteristics of their labor or official status; past illegal behavior, other features of the legal status of citizens).

One of the special subjects are officials. In accordance with the note to Art. 2.4 of the Code of Administrative Offenses, an official should be understood as a person who permanently, temporarily or in accordance with special powers exercises the functions of a representative of government, i.e., vested in the manner established by law with administrative powers in relation to persons who are not officially dependent on him, as well as a person performing organizational and administrative or administrative functions in state bodies, local government bodies, state and municipal organizations, as well as in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation. Managers and other employees of other organizations, as well as persons engaged in business activities without forming a legal entity, who have committed administrative offenses in connection with the performance of organizational-managerial or administrative-economic functions, bear administrative responsibility as officials, unless otherwise provided by law.

The legislation establishes the specifics of liability for certain types of entities. Thus, with the exception of certain offenses, military personnel, citizens called up for military training, and employees with special ranks of internal affairs bodies, bodies and institutions of the penal system, the State Fire Service, bodies for control of the circulation of narcotic drugs and psychotropic substances and customs authorities in in accordance with federal laws and other regulatory legal acts of the Russian Federation regulating the performance of military service (service) by these persons and their status, bear disciplinary liability. The exception is administrative offenses provided for in Art. 5.1 – 5.26, 5.45 – 5.52, 5.56, 6.3, Chapter 8, Art. 11.16 (regarding violation of fire safety rules outside the place of military service or military training), Chapters 12, 15 and 16, Art. 17.7, Art. 18.1 – 18.4 and Art. 20.4 (regarding violation of fire safety requirements outside the place of military service or military training) of the Code of Administrative Offenses.

Special conditions for bringing to administrative responsibility officials performing certain state functions (deputies, judges, prosecutors and other persons) are established by the Constitution and federal laws.

Legal entities – organizations that have separate property in ownership, economic management or operational management and are liable for their obligations with this property can, on their own behalf, acquire and exercise property and personal non-property rights, obligations, and be a plaintiff or defendant in court.

Legal entities are subject to administrative liability for committing administrative offenses in cases provided for in the articles of Section II of the Code of Administrative Offenses or the laws of constituent entities of the Russian Federation on administrative offenses. If the articles of sections I, III, IV, V of the Code of Administrative Offenses do not indicate that the norms established by these articles apply only to an individual or only to a legal entity, these norms apply equally to both individuals and legal entities, with the exception of cases where, within the meaning of these rules, they relate and can be applied only to an individual. When several legal entities merge, the newly formed legal entity is brought to administrative responsibility for committing an administrative offense. When a legal entity joins another legal entity, the merging legal entity is held administratively liable for committing an administrative offense. When dividing a legal entity or when separating one or more legal entities from a legal entity, the legal entity to which, according to the separation balance sheet, the rights and obligations regarding concluded transactions or property in connection with which the administrative offense was committed, is held administratively liable for committing an administrative offense offense. When a legal entity of one type is transformed into a legal entity of another type, the newly created legal entity is brought to administrative responsibility for committing an administrative offense. In the cases specified in parts 3 – 6 of Art. 2.10 of the Code of Administrative Offenses, administrative liability for committing an administrative offense occurs regardless of whether the legal entity brought to administrative responsibility was aware of the fact of an administrative offense before the completion of the reorganization. Administrative penalties imposed in accordance with paragraphs. 2 – 4 hours 1 tbsp. 3.2 of the Code of Administrative Offenses to a legal entity for committing an administrative offense before the completion of the reorganization of the legal entity, are applied taking into account the provisions of Parts 3 - 6 of Art. 2.10 Code of Administrative Offences.

Who is the subject of an administrative offense?

The subject of an administrative offense is the person who committed administrative offense and found guilty of committing this violation.

The concept of subject of an administrative offense is one of the main and integral features of the violation. In the absence of the subject, the offense itself is absent.

To understand the meaning of this term, it is necessary to define an administrative violation and indicate its properties.

What is an administrative violation?

An administrative violation is an unlawful, guilty action (inaction) of an individual or legal entity, for which the administrative legislation of Russia or regulations subjects of the Russian Federation for administrative offenses, administrative liability has been established.

This concept has a number of properties.

Signs of an administrative offense

To recognize an action or inaction as a violation, it is required that:

1. The prohibitive norms contained in the Code of Administrative Offenses of the Russian Federation were violated. For example, an employer fails to pay on time wages. For this he will suffer administrative punishment under Art. 5.27 Code of Administrative Offenses of the Russian Federation "Violation of labor legislation."
2. The person was aware (i.e. acted intentionally) or should have been aware, but was indifferent to the consequences (i.e. acted carelessly or negligently), which violates the prohibitory norm.

Administrative offenses that occurred due to negligence include failure to comply with fire safety rules Article 20.4 of the Code of Administrative Offenses, which resulted in a fire when responsible person understands that failure to comply with instructions about fire safety may cause a fire, but negligently believes that any grave consequences will not come.

Signs of the subject of an administrative offense

Individual subjects and legal entities are subject to administrative liability.

Individual subjects are individuals who have sanity, i.e. the ability to understand the nature of one’s actions and manage them.

Individual subjects of an administrative offense are divided into general and special.

General subjects are persons over 16 years of age.

For some types of administrative punishment, the subject is required to occupy a certain position, be a soldier or have special rank, own (possession) a vehicle or a piece of real estate. These persons are called special subjects.

The following categories of persons are held administratively liable for violations:

• citizens over 16 years of age;
• officials vested with organizational, administrative and economic powers in state bodies of the armed forces. The list of violations is in Article 2.4 of the Code of Administrative Offenses of the Russian Federation;
• persons whose activities are regulated legislative acts O military service, O law enforcement agencies are attracted to disciplinary liability. The list of offenses for which they may be subject to administrative prosecution is given in Part 2 of Article 2.5 of the Code of Administrative Offenses of the Russian Federation;
• foreign citizens, stateless persons and foreign legal entities are subject to administrative prosecution for general principles, Article 2.6 of the Code of Administrative Offenses of the Russian Federation;
• owners (owners) of transport for traffic violations and rules on the improvement of the territory of the constituent entities of Russia on this transport, subject to the recording of these violations by video monitoring devices. They cannot be found guilty provided they provide information that at the time of the violation the vehicle was in someone else’s possession;
• owners or other owners land plots or other real estate objects for violations of the rules of maintenance, operation, movement, re-equipment or destruction of improvement objects, subject to recording by video monitoring equipment (video, photography, filming). They are exempt from liability, subject to the provision of evidence that at the time of the violation the real estate objects were in someone else’s use, Article 2.6.1 of the Code of Administrative Offenses of the Russian Federation;
• legal entities bear administrative responsibility for committing administrative offenses in cases provided for in the articles of Section II of the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses.

Or read HERE about the types of administrative offenses.

And in THIS ARTICLE you will learn about administrative penalties.

Features of bringing legal entities to administrative liability

In some situations related to reorganization in order to bring legal entities to justice, there are certain conditions in administrative legislation:

• during a merger, the new legal entity is prosecuted for an administrative violation;
• when dividing or separating one or more enterprises from an enterprise, administrative punishment is imposed on the legal successor for concluded transactions or property in connection with which a violation occurred;
• when transforming the organizational and legal form, the new enterprise is responsible for committing an administrative offense;
• an enterprise is held accountable for an administrative violation, regardless of awareness new organization about the offense that took place before the completion of the reorganization.

Who is exempt from administrative liability?

Persons who have committed a violation in a state are exempt from liability emergency or insanity.

Extreme necessity is actions that include signs administrative violation, but taken to suppress the possibility of causing harm to this or other persons, as well as to the state. The damage caused must be less than what could have been caused.

Insanity is when the offender is not able to realize the nature of his actions or control them in the presence of mental illness or dementia, for example, with the disease schizophrenia. If the offender is determined to be insane, then administrative liability is excluded.

To be found guilty, the offender must be of a certain age.

By administrative legislation Responsibility for violations begins at the age of 16. If the offender is younger, then he cannot be held accountable, Article 2.3 of the Code of Administrative Offenses of the Russian Federation.

But in some offenses, based on the existing circumstances of the case and the characteristics of the offender aged 16 to 18 years, the commission on affairs of minors and the protection of their rights may exempt the offender from liability.

In this case, the legislation on the protection of the rights of minors provides for other measures of influence for him, part 2 of article 2.3 of the Code of Administrative Offenses of the Russian Federation.

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The actual basis of administrative liability is the commission by a person of an administrative offense with all the elements of its composition.

An administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity for which administrative liability is established by the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses (Part 1 of Article 2.1 of the Code of Administrative Offenses of the Russian Federation).

This definition includes all the main signs of an administrative offense.

1. Public danger means that the offense harms the interests of citizens, society and the state. IN legal science there is no consensus regarding this element of the offense. Some authors argue that only crimes (as the most grave look offenses), and administrative offenses are socially harmful. Others note that essentially an administrative offense is a socially dangerous act, which differs from a crime in the nature and degree of social danger, as evidenced by the constant exchange of offenses between administrative and criminal law in the form of criminalization and decriminalization of acts. The legislator, giving in Part 1 of Art. 2.1 of the Code of Administrative Offenses of the Russian Federation, the definition of an administrative offense does not at all name, among other signs (illegality, guilt, punishability) social nuisance, nor the public danger of the act.

2. The wrongfulness of an act means that it violates the norms of administrative and other branches of law (financial, land, environmental, etc.), protected by measures of administrative liability. Current legislature does not allow the application of an analogy of law, illegality is mandatory feature administrative offense. “A person brought to administrative responsibility is declared in Art. 1.6 of the Code of Administrative Offenses of the Russian Federation, - cannot be subjected to administrative punishment and measures to ensure proceedings against the grandfather of an administrative offense other than on the grounds and in the order, established by law" Administrative liability may arise if a person has committed a violation provided for by the relevant article of the Code of Administrative Offenses of the Russian Federation or the law of a constituent entity of the Russian Federation on administrative offenses.

3. Guilt of the act. The Code of Administrative Offenses of the Russian Federation enshrined this sign at the level of the principle of administrative responsibility. So, according to Part 1 of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, a person (individual or legal) is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established. Thus, the absence of guilt excludes the recognition of an act as an administrative offense, including when it is formally unlawful.

4. Punishability of an act means the possibility of applying administrative measures to the person who committed the unlawful act ( administrative penalties), which may be established by the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses.

Thus, an administrative offense must have the above characteristics.