Administrative law - branch of law that governs public relations arising in the process of exercising executive power by state bodies. The most important source of Russian administrative law, along with the Constitution, is the Code of Administrative Offenses of the Russian Federation, adopted in 2001.
Administrative law regulates such relations, one of the parties of which is a state body acting as a bearer of power. For the emergence of legal relations, the consent of the other party is not required, because the state body is a legally binding party acting in accordance with the law.
The most important concepts of administrative law are administrative offense And administrative responsibility.
Administrative offense (misdemeanor) - this is an unlawful, guilty act that encroaches on the established order of management, rights, freedoms, property of citizens, for which the legislation provides for administrative responsibility.
Signs of an administrative offense:
a) it is an act committed in the form of action or inaction;
b) illegality - an administrative offense encroaches on social relations protected by the norms of administrative law. However, administrative offenses do not, as a rule, cause significant harm to the health and property of citizens;
c) administrative punishability - the commission of an administrative offense inevitably entails the application of measures of administrative responsibility;
d) the guilt of the person who committed the administrative offense (in the form of intent or negligence).
Subjects of administrative offenses may be individuals and legal entities that have committed the elements of administrative offenses described in the law. Individuals must be sane and have reached 16 years of age by the time the offense was committed.
Administrative responsibility - a kind of legal liability, which is expressed in the application of an administrative penalty to a person who has committed an administrative offense.
Features of administrative responsibility:
1) comes for the commission of an administrative offense, regardless of whether there are direct negative consequences from this offense or not;
2) is established not only by legislative bodies, but also by executive authorities and local self-government;
3) is expressed in the application of administrative penalties;
4) is imposed by both courts (judges) and bodies (officials) of executive power.
The measure of administrative responsibility is administrative punishment. The Code of Administrative Offenses provides for the following types of administrative punishment.
a) a warning (issued in writing);
b) an administrative fine, which may be expressed as a multiple of:
The minimum monthly wage (minimum wage) (not less than one tenth of the MPOT and not more than 25 minimum wages (for citizens), 50 minimum wages (for officials)” 1000 minimum wages (for legal entities);
The cost of the subject of an administrative offense at the time of the termination or suppression of an administrative offense (no more than three times the value of the subject);
the amount of unpaid taxes, fees payable at the time of termination or suppression of an administrative offense, or the amount of an illegal currency transaction (no more than three times the amount);
c) confiscation for compensation of the instrument of committing or the subject of an administrative offense. The execution of this penalty involves the forced seizure of the item from the offender, the sale of this item by the subsequent transfer of the proceeds to the former owner, minus the costs of selling the seized item;
d) confiscation (compulsory and gratuitous seizure into the ownership of the state) of the instrument of committing or the subject of an administrative offense. Items that are the personal property of the offender are confiscated. However, contraband items are confiscated regardless of who owns them. When applying confiscation and confiscation for compensation, there is a limitation: weapons and ammunition are not seized from persons for whom hunting is the main source of livelihood;
e) deprivation of a special right for a period of one month to 2 years (for example, the right to drive vehicles);
f) administrative arrest for up to 15 days, appointed by the court (judge) for petty hooliganism, disobedience to the demands of police officers, contempt of court. Administrative arrest cannot be applied to pregnant women, women with children under 14 years of age, to minors, to disabled people of groups I and II;
g) administrative expulsion from the Russian Federation foreign citizen or stateless persons (forced and controlled movement of these persons outside the Russian Federation);
h) disqualification (deprivation individual the right to hold senior positions in the executive management body of a legal entity, to be a member of the board of directors, to carry out entrepreneurial activities to manage a legal entity) for a period of 6 months to 3 years.
Compensatory seizure and confiscation, as well as administrative expulsion from the Russian Federation, can be applied both as main and as additional punishments, the rest of the measures of administrative responsibility are classified by administrative legislation as main punishments.
General rules for imposing administrative penalties:
1. Administrative penalties must be imposed in compliance with the law within the limits established regulations and only to the person who committed the offense. It is necessary to take into account the nature of the misconduct, the identity of the perpetrator, his property status, circumstances mitigating and aggravating administrative responsibility.
2. An administrative penalty may be imposed no later than 2 months from the day the offense was committed, and in the case of a continuing offense - no later than 2 months from the day it was discovered. For administrative offenses entailing the application of an administrative penalty in the form of disqualification, a person may be held administratively liable no later than one year from the date of the offense.
3. For one administrative offense, the main or main and additional punishment may be imposed.
The legislation defines the bodies and officials authorized to consider cases of administrative offenses. These include:
a) judges of district (city) courts, justices of the peace;
b) commissions on juvenile affairs and protection of their rights;
c) internal affairs bodies (police);
d) bodies and institutions of the penitentiary system;
e) tax authorities, tax police authorities;
f) bodies responsible for the execution of the federal budget;
g) federal labor inspectorate, state labor inspectorates;
h) bodies and troops of the border service;
i) bodies and officials exercising administrative and supervisory functions (customs authorities, various inspections and supervision);
j) military commissars;
k) administrative commissions and other collegiate bodies established in accordance with the laws of the constituent entities of the Russian Federation (to consider cases of administrative offenses provided for by the laws of the constituent entities of the Russian Federation).
Each of these bodies considers only those cases that are within its jurisdiction, and may impose an administrative penalty within its competence. So, for example, only a judge can impose a punishment in the form of administrative arrest, confiscation for compensation or confiscation of the instrument or subject of an administrative offense, deprivation of a special right, administrative expulsion from the Russian Federation and disqualification. However, the same type of administrative offense may be under the jurisdiction of several bodies (for example, both a judge and an internal affairs body can impose a punishment for petty hooliganism).
To ensure the proceedings on cases of administrative offenses, the relevant government bodies and officials can carry out administrative detention, personal search, as well as search of things, seizure of things and documents, suspension from driving a vehicle, medical examination for intoxication, detention of a vehicle and prohibition of its operation, arrest of goods, bringing individuals.
All these measures can be subsequently appealed to a higher body, prosecutor's office, court.
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