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
41. COMPOSITION OF AN ADMINISTRATIVE OFFENSE
Composition of an administrative offense - a set of signs fixed by regulatory legal acts, the presence of which may entail administrative responsibility.
Content of the object of an administrative offense - specific public relations regulated by the rules of law and protected by measures of administrative responsibility. The forms of expression of an object can be different. In the Code of Administrative Offenses of the Russian Federation, they are listed in Art. 1.2: for example, the object of petty hooliganism is the norms that protect public order or public morals.
The content of the objective side of the offense - the nature of the action or inaction, which the legislation qualifies as an administrative offense.
Subjects of an administrative offense are both individuals and legal entities.
For certain categories of individuals, these factors determine additional grounds when bringing them to administrative responsibility, for others - restriction of measures application of administrative responsibility.
To the first category individuals, additional grounds are applicable that increase the measure of administrative responsibility. These include officials, drivers of vehicles, trade workers, etc.
Second category individuals includes military personnel and citizens called up for military training, pregnant women, women with a young child, disabled people of groups I and II, minors (under 18 years of age). For this group, there is a legislative restriction of measures for the application of administrative responsibility.
The subject of an administrative offense is not always subject to administrative liability. Conscripts for a number of administrative offenses are subject to disciplinary liability (Article 2.5 of the Code of Administrative Offenses). Consequently, the range of subjects of an administrative offense and the range of subjects of administrative responsibility do not match.
The subjective side of an administrative offense - the mental attitude of the subject to the illegal action or inaction and its consequences. It is expressed in the form of intent or negligence.
Fault - the mental attitude of a person to the unlawful action or inaction committed by him and the possible consequences. Guilt manifests itself in the form of intent or negligence.
With regard to the guilt of a legal entity, the unused opportunity to comply with a norm or rule is implied, that is, all measures depending on it have not been taken to comply with them. The imposition of an administrative penalty on a legal entity does not relieve the guilty individual from administrative liability for this offense, just as bringing an individual to administrative or criminal liability does not relieve a legal entity from administrative liability for this offense.
Author: Chetverikov V.S.
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