What is administrative responsibility?
In case of violation of state laws, a person is liable, it depends on the severity and nature of the offense. For example, there is an administrative responsibility. Now we will consider in detail what administrative responsibility is and as a result of which offenses it comes.
Administrative responsibility is one of the types of legal liability that determines administrative punishment for a person for an offense. An administrative offense is not as serious as a crime, so the punishment due to such a violation is milder.
According to the legislation, there are different types of administrative responsibility: the responsibility of individuals, citizens of the Russian Federation, foreign citizens, foreign legal entities, stateless persons, owners of vehicles, officials, military personnel.
Terms of administrative responsibility are free enough.Punishment can follow within 2 months from the date of violation, but not later. If the case is brought to court, then the punishment may follow later (within three months).
The administrative case is considered at the place of the offense. At the request of it may be considered at the place of residence of the person who violated the law. Thus, an administrative penalty may be deferred until such a petition is granted.
Administrative offenses can be committed by negligence (for example, violation of traffic rules), in the form of inaction, causing public danger, intentional.
There are also grounds exempt from administrative liability. These include: the insignificance of the violation, the repeal of the act, that is, the law that mitigates or exempts from administrative punishment, as well as in the case of the expiration of the term of collection.
Examples of administrative offenses
To make it clearer, for which offenses it is possible to incur administrative responsibility, we now give several examples of such violations. The basis of an administrative offense is non-compliance with established orders of conduct in society. Here are some examples:
- violation of fire safety regulations;
- traffic offense;
- offensive harassment;
- damage to another's property;
- appearance in a public place in a drunken state;
- ticketless travel.
As a punishment for administrative offenses, warnings, fines, arrest for 15 days are used.
Separately, you need to consider bringing to administrative responsibility minors. In the code, the administrative responsibility of minors is treated strictly, but the age is taken into account. Up to 16 years old, an offender cannot be seized. You can apply a warning or write out a fine that parents will pay. There are circumstances that mitigate the punishment. This is a recognition and reparation. There are also circumstances that burden the responsibility. These include the reluctance to admit the committed, aggressive behavior, the commission of a crime by several people, the commission of a crime while intoxicated or under the influence of narcotic drugs.
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