State and municipal administration. Offenses and liability (most important)

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State and municipal administration. Offenses and liability (most important)

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53. Offenses and liability

In the field of state and municipal administration, many different actions are carried out. Among them may be actions that cause condemnation of others.

The offense includes an act or omission, the obligatory occurrence of harmful consequences and, in most cases, the fault of the person who caused the harm (intentional fault or negligence in the form of negligence or frivolity).

Misconduct may come from different managing subjects, state and local authorities, employees (officials) acting in the service and bearing responsibility for their actions.

Illegal actions in the field of state and municipal administration, organizations and persons who do not have authority in this area also commit (a commercial organization violates licensing rules, or a citizen illegally wears other people's orders and medals).

It is important to distinguish offenses by state and municipal authorities and officials, when they acted as representatives of the authorities, exercising state or municipal government (the Government of the Russian Federation adopted a resolution that was contrary to the law, and the mayor of the city received a bribe), and, on the other hand, when they acted as private, legal and natural persons, in in a personal capacity, in civil law relations (the state body does not pay bills for consumed electricity, the minister started a fight in the square, causing serious bodily injury to a citizen, and the mayor of the city, violating traffic rules, crushed someone else's car). Responsibility will be different: general legal as a citizen and special legal as officials or a state municipal body.

Offenses in the sphere of state and municipal administration are not the same in their severity. Crimes, i.e. acts that have a high degree of public danger, entail criminal liability, administrative offenses (for example, violation of traffic rules, petty hooliganism) are punished by various types of administrative penalties (up to administrative arrest for up to 15 days), violations of service entails disciplinary liability (reprimand in an order, etc.), causing harm under civil law - material liability or liability, mainly of a moral nature (publication of a refutation in a newspaper, reports of the unreliability of previously published information). The President of the Russian Federation, heads of constituent entities of the Russian Federation and municipalities, collegial executive bodies, ministers, deputies of representative bodies for their actions in the service and outside it may bear political responsibility (such as impeachment of the President, resignation of ministers, deprivation of a deputy mandate).

Author: Konstantin Sibikeev

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