Table of contents (expand)
- Public administration: basic concepts, management system, its features
- Social management: state and public
- Goals and functions of management, their classification. Management cycle
- Principles of organizing the activities of government bodies
- Public administration bodies: concept and functions
- Rule-making, regulation and control of public administration bodies
- Executive power
- Signs of executive authorities
- Constitutional principles for exercising the functions of executive power
- The concept of the branch of administrative law, its sources
- The subject and method of the branch of administrative law
- System of branch of administrative law
- Correlation of administrative law with other branches of law
- Science of administrative law
- Administrative law as an academic discipline and as a branch of legislation
- The mechanism of administrative and legal regulation
- Administrative and legal norms: concept and structure
- Classification of administrative and legal norms
- Implementation of administrative and legal norms
- The concept of administrative legal relations
- Signs of administrative and legal relations
- Elements and content of administrative-legal relations
- Classification of administrative legal relations
- Administrative and legal status of citizens. Citizenship
- Individuals as participants in administrative and legal relations
- Administrative and legal status of foreign citizens and stateless persons
- Executive authorities: concept, classification and system
- The system of federal executive bodies
- Structure of federal executive authorities
- Powers of the President of Russia in the sphere of executive power
- General powers of the government of the Russian Federation to exercise executive power
- Special powers of the government of the Russian Federation for the exercise of executive power
- Powers of the executive authorities of the constituent entities of the Russian Federation
- Powers of state institutions, administrations of local governments, organizations
- Civil service and employees: the concept and classification of positions
- Rights of civil servants
- Responsibilities of civil servants
- Restrictions and prohibitions related to the civil service
- Principles of civil service, requirements for official behavior of an employee
- Administrative offense: concept and signs
- Composition of an administrative offense
- Administrative responsibility: concept and common features
- Features of administrative responsibility
- Administrative punishment: concept, types and characteristics
- General rules for imposing an administrative penalty
- Liability of legal persons
- The concept of discipline and disciplinary responsibility
- Material liability
- Administrative process: concept and content
- Administrative process: features, content and principles
- Stages of the administrative process
- Proceedings in cases of administrative offenses
- Types of individual administrative cases and types of administrative proceedings
- Administrative jurisdiction
- Ways to ensure the rule of law and discipline
- Prosecutorial and administrative types of supervision
- Appeal against actions (decisions) of state bodies
- State bodies in the field of economic activity
- The system of executive authorities in the field of agriculture (agriculture)
- Powers of the Government and the Ministry of Transport of the Russian Federation in the field of transport
- The system of federal executive authorities in the field of transport
- The system of executive authorities in the field of industry, energy and communications
- The system of executive authorities in the field of industry, energy and communications (continued)
- Executive authorities in the field of financial relations
- The system of executive authorities in the field of education and science
- The system of executive authorities and the administrative and legal framework for regulating relations in the field of culture
- The system of executive authorities in the field of health and social development
- The system of executive authorities in the field of state defense management
- The system of executive authorities in the field of security
- The system of executive authorities in the field of internal affairs
- The system of executive authorities in the field of justice
- The system of executive authorities in the field of foreign affairs
40. ADMINISTRATIVE INFRINGEMENT: CONCEPT AND SIGNS
Administrative offense - unlawful, guilty action (inaction) of an individual or legal entity, for which the Code of Administrative Offenses or the laws of the constituent entities of the Russian Federation on administrative offenses establish administrative responsibility.
At the same time, there are formal offenseswhen the harm from committing an administrative offense did not actually occur, but the person who violated the administrative norm may be held administratively liable.
Legislation on administrative offenses consists of the Code of Administrative Offenses and the laws of the constituent entities of the Russian Federation on administrative offenses adopted in accordance with it.
Tasks of the legislation on administrative offenses: personal protection; protection of human and civil rights and freedoms; protection of the health of citizens, sanitary and epidemiological welfare of the population; protection of public morality; protection of the environment, the established procedure for the exercise of state power, public order and public safety, property; protection of the legitimate economic interests of individuals and legal entities, society and the state from administrative offenses, as well as the prevention of administrative offenses.
That is a sign of public danger of an administrative offense is an infringement in the form of action or inaction on public interests, which are included in the form of tasks protected by the norms of administrative law.
Signs (features) of an administrative offense - antisocial orientation, wrongfulness, guilt and punishability of the act.
Act - an act of volitional behavior, manifested in the form of action or inaction.
Action - active non-fulfillment of the obligations stipulated by the norm or rule or violation of the prohibition (for example, violation of the rules of hunting).
Inaction - passive failure to comply with a duty (eg, fire safety regulations).
Sometimes the same rules can be violated both by action and inaction (for example, violation of the rules for the protection of water resources, etc.).
Wrongfulness of the act is that it violates a specific rule of law. These norms may belong not only to administrative law, but also to financial, land, customs, labor and other branches of law, which are protected by administrative law.
Guilt of the act means that the offense was committed by a person intentionally or through negligence (Article 2.2 of the Code of Administrative Offenses). The presence of guilt is a mandatory sign of an administrative offense, but this sign is not enough for administrative responsibility, since the subject of administrative responsibility includes such necessary characteristics as the age and legal capacity of the person. For example, a minor or an insane person violates the rules established for pedestrians, and in the presence of formal wrongfulness, there is no guilt of the act.
Author: Chetverikov V.S.
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