/ What is the nature of the administrative offense?

What is the composition of an administrative offense?

Состав административного правонарушения четко is defined by a number of laws and must include several basic elements at once. But, before considering each of them, it is worthwhile to find out information about what constitutes an administrative offense and what responsibility it implies.

Types of administrative misconduct

types of administrative misconduct

To date, several major types of administrative offenses have been identified:

  • An offense that somehow violates the rightscitizens of the country. As an example, there can be any violation of the freedom of the population for religion and personal opinion. This also includes the refusal to provide information, the failure of parents to fulfill their duty towards minor children, etc.
  • Administrative offenses that threatenhealth, morals and welfare of the population. For example, these include violations of sanitary and epidemiological requirements, concealing the source of infection, illegal possession and trafficking of narcotic drugs, prostitution, etc.
  • Misconduct in the field of environmental protection.
  • Offenses in the field of protection of private property.
  • Violations of laws regarding vehicles.
  • Violation of the rules of the road.

There are actually many typesadministrative misconduct. They concern labor protection, state protection, entrepreneurship, customs, finance, taxes and the use of funds.

an administrative offense is

But in order to prosecutenatural or legal person, the blame must be proved. The structure of an administrative offense is a combination of four signs necessary for a prosecution. Only the presence of such a quantity can be the basis for the initiation of proceedings.

In order to determine the compositionadministrative offenses, as a rule, start an investigation, which includes all sorts of checks and examinations. As for administrative responsibility, the perpetrators of an offense must necessarily be punished. These can be: fine, deprivation of any rights (for example, documents and permission to use the vehicle), administrative arrest.

The composition of the administrative offense

As already mentioned, in order to initiate a case and bring a natural or legal person to justice, it is necessary to have several circumstances at once:

corpus delicti

  • The object of misconduct is a set of legal relations that are protected by regional and federal laws. It was against them that a violation was recorded.
  • The objective side is one or another act of the guilty person. In addition, this includes the place and time of the violation, the subject matter, as well as the method of the crime and the means used.
  • The subject is the perpetrators (natural or legal) who have committed an action prohibited by regional and federal laws.
  • The subjective side of the offense is, in fact, the goal that the perpetrator pursued, his intent and guilt.

An administrative case can be opened only if there is a full administrative offense.

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