Administrative offense

The concept of "administrative misconduct" is very often found in legal practice. The main meaning of this term is the responsibility for certain offenses, including attacks on public order, the rights or freedom of citizens and others.

Administrative offense is characterized by the following criteria. First, in most cases it is antisocial, that is, it violates the interests of the state, citizen or group of persons. Secondly, it is illegal: the act is aimed at violating norms (which may not only be administrative). Also for this misdemeanor, guilt is characteristic (that is, the action is committed intentionally or through negligence), which is most often proved in court.

In the legal literature it is described that the basis of administrative responsibility can be of two types: normative and factual. In the latter case, this is a perfect offense for which a sanction may be applied. In addition, the basis may be the legal norms, following which administrative responsibility is applied .

You can consider an example showing a violation of this kind. Two students crossed the road to the green light. However, when they were in the middle of the road, red turned on, and instead of waiting, they decided to run over the rest. The driver of the car was driving a little faster than the one laid down, in connection with this, after he braked bravely, he carried it to the opposite lane, towards the bus. Machines collided, but no one was hurt. In this case, the perpetrators of the incident committed an administrative offense (this is a violation of traffic rules and excess speed of driving), and therefore should be responsible for this. Also, such violations include the appearance in a public place in the state of strong alcohol intoxication, petty theft (up to a thousand rubles), hooliganism, fights, etc. Usually a fine is imposed in the form of punishment , but sometimes it is short-term imprisonment Not more than 15 days).

Responsibility of this kind is envisaged in Russia from the age of 16. Adolescents who committed an administrative offense are subject to the measures provided for in the special regulations of the Commission on Minors' Affairs. However, if a person under the age of 18 has committed a small theft of public property, besides he does not comply with police requirements, violates the rules of the road, etc., he is sentenced on a general basis.

So, in the above example, adolescents (pedestrians) received a warning, and the driver was issued a fine in the amount of the minimum salary. In the event that it turned out that he was still in a state of intoxication, more stringent measures (for example, deprivation of rights for a long time) could be applied to him. In case of hooliganism (fights, insults of others in public places, etc.), the offender can be arrested for up to 15 days. In this case, a person is briefly deprived of liberty, while it is possible to use it in physical work without paying a salary. Usually this measure is used quite rarely, if an administrative offense is committed repeatedly.

Thus, the imposition of a fine, deprivation of rights, warning, reprimand are methods of punishment, the purpose of which is the prevention of subsequent offenses, as well as the education of a person's respect for laws and order. Currently, many regulations are being amended, especially concerning traffic rules on the road, which toughen the measures applied for gross violations. It should be remembered that every citizen is responsible for his actions.