Types of administrative responsibility
Administrative responsibility is a punishmentfor an offense that is less dangerous than a crime. In this case, legal sanctions are carried out by officials or authorized bodies. There are different types of administrative responsibility, which pursue different goals.
Consider them all:
- Penalty or repressive punitive system. It presupposes the punishment of the person who committed the offense. Warns of new actions directed against the law.
- Preventive or educational system. Responsible for the formation of respect for the laws and motives for their observance.
- Compensatory or correctional system. Responsible for restoring the disordered order and eliminating the harm received by the person against whom the offense was committed.
All types of administrative responsibility are characterized by the following features:
- Legal sanctions and punitive measures are carried out through the relevant authorities, that is, administrative responsibility is state coercion.
- Legal sanctions are subject to the principles of legality and justice. They are applied on the basis of established legal norms.
- The liability of negativecharacter, that is, the offender falls into unfavorable conditions. Positive obligations include, for example, the responsibility of the chief accountant, concerning the performance of meaningful work.
- Administrative liability entails unfavorable conditions and hardship for the perpetrators of the offense. It is not only punishment that is supposed, but state reprimand.
- The final evaluation of the offender is implied.
All kinds of administrative responsibility are also characterized by having certain grounds. In particular, they are:
- Normative basis. Supposes that there are prohibitions established by law.
- The actual basis. It implies the existence of a violation of the law. At the same time, the composition of an administrative unlawful act must be present in the case. It is also assumed that the violation of the law is confirmed by evidence.
- Procedural basis. Supposes the publication by the relevant body of the law enforcement act.
All types of administrative responsibility meet the following principles:
- Legality. It implies that the person who committed the offense is punished in accordance with established legal norms.
- Feasibility. Assumes that the objectives of administrative responsibility correspond to the measures of influence chosen against the offender.
- Irreversibility. It means that every offender must be punished.
- Timeliness. An operative response to the committed offense is supposed.
- Justice. Assumes compliance of punishment and the severity of the violation of the law.
- Addition of imposed penalties. If a person has committed several administrative violations, the penalty is only for the heaviest of them if the case is examined by the same body. In other cases, punitive measures for the crime of law are appointed separately.
- Humanism. Accounting for personal characteristics of both the victim and the offender.
- Publicity. All measures of administrative responsibility assume that the examination of the case and the final verdict will take place with the participation of the public. Such a principle implies certain educational ways of influencing the offender. </ ol </ p>