Concept and principles of administrative responsibility

Administrative responsibility, concept,signs, the principles of which will be considered further, in its essence acts as a reaction of the state to the offenses of subjects. Penalties for perpetrators always include certain encumbrances, restrictions, negative deprivations, penalties. All this - the negative consequences of the actions of the person.

Principle of responsibility in administrative law

State-imposed penaltiesinvolve the subject suffering certain subjective deprivations. Meanwhile, sanctions are not limited to fulfilling one duty that the offender for one reason or another has not fulfilled. Penalties may be organizational, property or individual. Considering the concept and principles of administrative responsibility, it should be noted that when applying sanctions to the guilty person, it acquires a certain legal status. It, in turn, presupposes not only restrictions and encumbrances, but also additional duties, but also guarantees of the state from the arbitrariness of authorized bodies. When applying sanctions, such principles of administrative responsibility as proportionality, single-time and individualization of punishment are taken into account.

Specificity

To administrative responsibility are involvedsubjects who have committed misdemeanors specified in the Code of Administrative Offenses. In comparison with crimes, such acts carry less public danger. In addition to the Code of Administrative Offenses, administrative punishment is provided for in other regulatory acts (regional and federal). Sanctions can be applied to both citizens and legal entities for violations committed in the sphere of public interests. Only responsible authorities and employees can bring to justice those responsible. Sanctions can be applied in court. It involves certain procedures and is used for serious violations. In general, there is an extrajudicial - administrative - order. It is distinguished by comparative simplicity, less formalization and speed. Considering the concept and principles of administrative responsibility, it should be noted that the sanctions that apply to the perpetrators do not lead to criminal convictions and dismissals.

Classification

There is a positive responsibility.It presupposes the establishment of certain requirements for the forthcoming initiative, active activity of the subjects. Another kind is retrospective (traditional) responsibility. It is expressed in the application by the competent institutions and employees of penalties to the person who is guilty of the violation.

Characteristic

The key signs of administrative responsibility include:

1. Regulation of the Code of Administrative Offenses and other legal acts. Together they form the system of administrative law.
2. Legislative consolidation of the grounds for the application of sanctions.
3. Definition of a circle of subjects. They can be both physical and legal entities, as well as their associations.
4. As a factual basis for the application of punishment is a violation of the prescriptions.
5. Implementation through measures of administrative coercion.
6. A lot of authorized persons and structures are involved in the application of punishments. They include, in particular, courts, executive power institutions, officials.
7. Attraction to liability does not lead to dismissal or criminal record.
8. The decision to impose punishment, as a rule, is carried out extrajudicially.
9. Coercive measures are implemented according to specially established rules.

The system of principles of administrative responsibility: general information

Depending on the consequences that occur for the perpetrator, organizational, psychological or property deprivations can be applied to him. The CAO defines:

1. The composition of violations.

2. Principles of administrative responsibility.

3. Rules for the application of penalties.

The fundamentalThe provisions on which the institution in question is based. The goals and principles of administrative responsibility determine the directions of activity of authorized structures and employees, the rules for imposition of sanctions.

Equality of subjects

Principles of administrative responsibility of the Russian Federationreflect many constitutional provisions. In particular, this concerns the equality of all subjects before the law. This provision is fixed in Art. 19 of the Constitution. Legislative prescriptions, principles of administrative responsibility apply to all citizens, regardless of their race, sex, origin, official and property status, language, nationality, place of residence, membership of public organizations and other circumstances. A similar rule applies to legal entities: punishments for violations are established without taking into account the location, organizational form, subordination and other things.

Special cases

But there are several other principles of attraction.Administrative responsibility is also subject to a number of persons performing public functions. And here the principles of attraction are somewhat different from the rules that apply in general cases. Speech, in particular, is about prosecutors, deputies, judges and other employees. Signs, principles of administrative responsibility in cases of violation of legislative provisions by them are determined by the Constitution and federal regulatory enactments. For such situations, special procedures are envisaged, the existence of which is determined by the existence of a set of containment measures that ensure the balance of power branches. So, for example, in Art. 19 of Federal Law No. 3 established that a State Duma deputy, a member of the Federation Council without approval of the relevant chamber of the Federal Assembly can not be:

1. Arrested, detained, questioned, and also searched. In the latter case, an exception is an examination directly at the scene of a crime when taken red handed.
2. Brought to criminal, administrative responsibility, sane in the courts.
3. Subject to a personal search, except when it is provided for by federal legislation to ensure the safety of surrounding citizens.

Presumption of innocence

Principles of administrative responsibilityare aimed not only at the cessation of illegal actions / inactions, but also provide guarantees for the protection of the interests of alleged violators. This provision is based on fair trial and other procedures related to the application of certain penalties to the subjects. The presumption of innocence presupposes that a person can be held liable only if his guilt is proven. It follows from this that the subject in respect of whom proceedings have been initiated in the case are considered innocent until proven in the manner established by the Code of Administrative Offenses. Materials that allegedly confirm the illegality of the conduct of the subject must be carefully studied and verified by authorized structures and employees. The fact of establishing the guilt of a person must be recorded by a decision of a judge or other official who examined the case. The presumption of innocence is also expressed in the fact that the subject, brought to administrative responsibility, is not obliged to prove his innocence. At the same time, in accordance with the regulations, all doubts arising in the course of production are treated in his favor.

Legitimacy

Operation of the administrative systemis based on certain rules related to ensuring the legality of the use of coercive measures against the subject who committed the violation. Legislation, in particular, establishes that:

1. A person may be subject to enforcement and enforcement measures only in cases established by regulatory enactments.
2. Attraction of the subject to responsibility is carried out by an official or a competent structure only within the limits of their authority.
3. In the application of administrative coercive measures, inaction / actions are not allowed, as well as decisions capable of humiliating human dignity.

Additional provisions

In the theory of administrative law in the presenttime revealed a set of principles that did not find legislative consolidation as fundamental. These provisions, for example, should include unacceptability impart reverse action rules establishing aggravated or punishment. There is also a ban on the application of a new law that mitigates or eliminates sanction. Among other provisions, the following principles should be noted:

1. Guarantees of protection in court.This means that everyone can apply to the authorized body to restore their rights, appeal against unjustified or unlawful decisions, actions / omissions that infringe on the subject's interest.
2. Inadmissibility of the use of certificates andevidence obtained with violations of the established procedure for collecting materials. This principle follows from Art. 50 of the Constitution. It provides a guarantee of protection of the interests of the subject from the arbitrariness of government officials.
3. Irreversibility of responsibility. This principle assumes that the definition of a measure of responsibility and the application of sanctions provides punishment for all entities that have committed a violation of the law.
4. Individualization.This principle establishes that punishment should be imputed to a person in view of the nature of the violation, aggravating and mitigating factors, the personal characteristics of the citizen, his property status, financial position (for organizations).

Objectives of the Institute

Legislation provides for an administrative form of responsibility for:

1. Ensuring the protection of order in society.
2. Raising respect for the law.
3. Restore social justice.
4. Prevention of new violations.

Achievement of these goals is ensured by the following functions:

1. Penalty (punitive). It consists in the fact that responsibility, on the one hand, acts as a punishment, and on the other hand as a means of preventing the commission of other violations.
2. Educational. This function consists in a purposeful influence on people's consciousness for the formation of a positive attitude towards the law.
3. Compensatory. It consists in restoring the material situation, which was violated in connection with the committed misconduct.

Conclusion

As a regulatory basis for the applicationadministrative responsibility is the system of legal prescriptions defining the conditions and procedure for the implementation of the coercive measures established by law. Sanctions can be applied to a subject only if he commits an offense provided for in the Code of Administrative Offenses and a number of other branch laws. As a procedural basis for the application of the measures of responsibility is the decision of the authorized structure or employee, issued in accordance with the rules fixed in the legislation. The normative base of the Institute includes the Administrative Code, federal and regional legal acts. They establish the principles of administrative responsibility, the rules for its application, the powers of officials and competent structures. The subject who committed the violation can be punished only in accordance with the regulations in force in the specified regulatory enactments.