1. The concept and principles of administrative law. 2. The concept and types of administrative offense. 3. The notion of administrative responsibility.

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Presentation transcript:

1. The concept and principles of administrative law. 2. The concept and types of administrative offense. 3. The notion of administrative responsibility.

Administrative law is a branch of public law, the subject of regulation of which are relations that are formed in the process of organization and activity of the executive power.

Subjects of administrative law - bodies of executive power and their officials: citizens and organizations that are subject to administrative and management influence.

Administrative law is the aggregate of legal norms governing public relations in the process of the organization and functioning of the executive branch, in a broader sense - in the process of implementing public-management activities.

Sources of administrative law are legal forms of expressing the norms of law that regulate social relations that are formed in the sphere of executive and administrative activity of subjects of administrative law. The administrative-legal relation is understood as the administrative public relation regulated by the administrative-legal norm, in which the parties act as bearers of mutual duties and rights established and guaranteed by the administrative-legal norm.

Administrative and legal relations are classified according to various criteria. To them, first of all, the legal possibility of the subjects of the executive power to practically carry out a controlling or ordering influence on the objects

Vertical in the greatest degree express the essence of administrative and legal regulation and typical subordination relations between the subject and the object of government management. vertical The horizontal ones are those in which the parties are actually and legally equal in rights. In them, respectively, there are no legally- authoritative orders of one party, mandatory for another. horizontal

On the composition of the participants, legal relations can be internal and external. In the first case, the obligatory subject enters into relations with other parts of the apparatus (organs, employees). In the second case, the obligatory subject interacts with citizens, non-governmental organizations, state enterprises, institutions.

Аdministrative and legal features

Administrative responsibility is a type of legal responsibility, which is expressed in the application by an authorized body or official of an administrative penalty to the person who committed the offense.

The basis for liability criminal liability - a crime; disciplinary - disciplinary offense; material - causing material damage (damage) or civil tort.

The basis for administrative liability is an administrative offense

penalties for crimes - criminal penalties; for disciplinary offenses - disciplinary sanctions; Material liability is expressed in property sanctions.

Administrative offenses are subject to administrative penalties

The main feature of administrative responsibility is that its basis is an administrative offense, and measures - administrative penalties.

Administrative liability is imposed on persons who have reached the age of committing an administrative offense of 16 years of age. Signs of an administrative offense: antisociality; wrongfulness; guiltiness; Punishment.

It should be noted that the delineation of administrative offenses from other offenses is one of the initial and very important tasks of the public administration body and the official applying the norms of legislation. According to the main, material sign - the degree of public danger, all offenses are divided into: crimes; misconduct.

Crime unlike an administrative offense has a higher degree of public danger, which is determined by: the object of infringement; the nature of the act; the way it is committed; the consequences (the amount of damage); motive; the purpose; the form of guilt; legal features of the person who committed the offense, etc.

Crime is an act prohibited by a criminal law, for the commission of which criminal punishment is provided. Administrative offense - an act provided for by the rules of administrative law, contained both in the law and in subordinate regulations, for which administrative responsibility is established.

Depending on the purpose and method of law enforcement, all measures can be divided into three groups: Administrative and preventive measures Measures of administrative restraint Measures of administrative penalty

Administrative and preventive measures (used for enforcement purposes, as well as ensuring public safety in case of natural disasters, accidents, accidents.)

Measures of administrative restraint (are used forcibly to stop illegal actions and prevent their consequences). These include: administrative detention (short-term restriction of a person's personal freedom); seizure of property from persons violating certain rules (cold steel, seals, stamps), if there is no permission to own them; the use of weapons by police officers (when protecting citizens from attack, when releasing hostages); prohibition of the operation of faulty vehicles, the technical condition of which, threatens the safety of traffic; compulsory treatment of a patient with alcoholism, drug addiction; drive unit.

Measures of administrative penalty. Fine, confiscation, administrative arrest - represent a kind of legal liability and are applied for the commission of certain offenses. This group of measures is applied to educate the person who committed the offense in a spirit of respect for the rule of law and to prevent the commission of new offenses both by the offender himself and others.