Administrative law. Administrative responsibility: concept and general features (most important)

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Administrative law. Administrative responsibility: concept and general features (most important)

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42. ADMINISTRATIVE RESPONSIBILITY: CONCEPT AND COMMON FEATURES

Administrative liability is one of the types of legal liability that is applied by a judge, body, authorized official as an administrative punishment to a person who has committed an administrative offense.

Administrative responsibility has all the features (features) inherent in legal responsibility.

Administrative Responsibility - this is the application by a judge, an authorized body or an official of measures of administrative punishment established by the state on the basis of the law and in the manner determined by law, to individuals and legal entities for administrative offenses provided for by the legislation of the Russian Federation and the laws of the constituent entities of the Russian Federation, as well as the conscious willingness of the guilty person to bear this punishment. The latter is important in that it forms the legal consciousness of citizens and officials about the justice of punishment and the preventive impact on those who have committed an administrative offense and those who have not.

The norms of administrative law provide for various types of legal liability: criminal, disciplinary, administrative and material. The solution of issues of criminal and partially material liability is within the competence of judicial jurisdiction, while other types of legal liability, and primarily administrative, disciplinary and partially material, are within the competence of administrative jurisdiction.

In addition, based on the norms of administrative law, measures of public influence in the event that, in the opinion of the authorized official considering the case of an administrative offense, it is advisable to apply measures of public influence to the violator of the norms of administrative law (see paragraph 2 of article 4.2 and article 2.9 of the Code of Administrative Offenses of the Russian Federation).

Administrative responsibility is common features with other types of legal responsibility - criminal, disciplinary, material, which is expressed primarily in the general goal pursued by all types of legal responsibility for the education of offenders, the prevention of offenses, and sometimes in the coercive nature of measures to influence offenders.

Author: Chetverikov V.S.

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