Examples of administrative responsibility and types of administrative penalties

The administrative responsibility of individuals is quite an intricate system that regulates the behavior of all categories of the population, partly taking into account certain features of the individual or his location. Various types of punishments are envisaged, which depend on a large number of factors, including the frequency of such violations, their severity, the possible risk to human health, and so on. Most people are quite enough to know the main points and features of this responsibility, when it comes, what it is, how it manifests itself and what can be a violation.

What is administrative responsibility?

This kind of responsibility practically does not differ from criminal or any other. The basic principles are absolutely the same here, only misdemeanors differ, for which punishment will follow, as well as the punishment itself, which is much easier than for criminal offenses. That is, a misdemeanor can be fined, official, written reprimand, forced labor for the term of administrative arrest and so on. There are a lot of options, and all of them can be applied in different ways, depending on many factors. For example, for smoking in a public place they will impose a fine, but for vandalism they can send for forced labor to a certain official time and place.

Types of punishment

Not only examples of administrative responsibility are a large number of possible options. Also the types of punishments are very different from each other. There are seven main types of impacts that can be applied to a person who violated laws.

The simplest is the usual warning. It is not informal and does not speak orally. Such warnings are given in a written format and strictly taken into account for the future. They can toughen further penalties for absolutely other misconduct.

The second, already more serious type of punishment that an administrative penalty may take is fine. Its size is set depending on many factors, including the presence of earlier warnings.

The following two species are somewhat similar to each other. If a person violates the law with the help of a certain object that is in his private property, officials have the right to withdraw this object. Whether it is returned in the future or is finally confiscated depends on the degree of guilt and the like. Also, a citizen may be deprived of certain rights and opportunities, which are normally guaranteed by the Constitution, but after violations, a decision will be made about the possible suppression of such events in the future. For example, to prohibit a person from approaching an object or other person for a distance of less than 30 meters.

Above all, the offender can be arrested for up to 15 days or sent to correctional work for several months.

Features and Signs

Allocate certain signs of administrative responsibility, which characterize absolutely all violations of this kind.

The first of them is considered to be wrongfulness. That is, a person consciously violates the law in relation to another person or object, while the latter is someone's property, has a certain value, rights, and so on.

The second sign implies that the fault of the offender is unequivocally proven. Thus, if a person acts not according to the law, but no one can prove this, even indirectly, punishment will not be applied to him.

The third sign indicates that the actions of a person are considered antisocial, directed against a given society and order. A more detailed list of all the variations of such actions is indicated in the legislation.

The last sign indicates that the person consciously, realizing what he is doing, has committed a misconduct. It is absolutely not important whether it was inaction or action. Examples of administrative responsibility here are represented by two types. If a person does something specifically or specifically does not. He may not go to court on the agenda, although he received it. This is an example of a violation of inaction. The second option - a citizen crossed the road to a red light. This is already an example of an action violation.

Administrative responsibility of servicemen

In general, the same laws apply to servicemen and other similar citizens as to all others. Differ punishment measures, which in this case can be considered either unnecessarily strict, or too small. The military court considers the measure of punishment, which makes its verdict on this particular case of the offense, immediately together with the indication of the punishment that will be imposed on the serviceman.

Administrative responsibility of servicemen instead of standard fines or correctional labor implies disciplinary punishment in one form or another. For example, if a non-serving citizen can get off with a large fine, the soldier will receive several outfits for the same violation. This is the simplest example, since fantasy in terms of punishment in the army has always been on top.

For foreigners

In accordance with the current legislation, at the moment, the administrative responsibility of foreign citizens is similar to that applied to residents of a given country. That is, for the same offense, with other things being equal, both the citizen and the non-citizen will receive an absolutely identical punishment, without any discounts in one direction or another.

The only exception to this rule is the possibility of applying to a foreign citizen one measure that can not be used in relation to a citizen - expulsion from the country. Certainly, for small irregular offenses, no one will react so severely, but if they are systematic or are really very serious, then this type of punishment can be considered absolutely justified. It must be remembered that in this case the legislation does not make any concessions on ignorance.

For example, violation of silence at the designated time of the day will be punished equally for a foreigner, a stateless person, and a citizen of the country. But if, during a systematic violation over a long period of time, a citizen receives a more significant fine, the non-citizen can simply be expelled from the country.

For minors

Examples of administrative liability for persons who have not yet reached the age of 18 are generally similar to those applied to adults. Almost all available punishments can be used, except for arrest, which in this case is strictly prohibited. In practice, most often confined to reprimand or, in particularly serious cases, the imposition of a fine. It is usually taken into account the existence of an independent source of income for a minor citizen, but if there is not one, the parents will have to pay the offender.

Signs of administrative responsibility in these cases are identical, but the remaining measures of punishment are used extremely rarely and already concern very significant cases or situations in which violations occur systematically, and the juvenile deliberately refuses to follow the law. For example, if a person at the age of 17 violates the rules of public order once, he may get off with a warning. But if after a while he again comes across illegal actions of the same kind, then, most likely, a fine will be imposed. Further violations can lead to the appointment of correctional labor and similar preventive measures.

Silence mode

Many faced such a problem that it is impossible to sleep because of loud cries, music and similar actions by others. This is all classified as a violation of silence and is also an administrative violation. There are different rules in different regions, but in general, starting from 23 hours and up to 7 am, each person, whether legal or physical, is obliged to behave quietly and do not interfere with others. In some areas or localities this time interval may differ slightly, as well as factors that affect noise. Somewhere there is a ban on car signals, and in another place - on loud sounds produced by domestic animals. In order to better navigate this, it is necessary to study noise requirements at night in the current region of stay.

The main types of administrative penalties in such cases are often limited to monetary penalties, but their size can vary very much depending on the region, as well as on the source of noise, such as an offender and so on. For example, if the sound is produced by a tape recorder, you can get rid of 2.5 thousand rubles. But for repair work will have to pay already 5 thousand rubles. At the same time for legal entities, these amounts will be much higher: 25 and 250 thousand, respectively.

Penalty for smoking

Most smokers have already faced, to one degree or another, the problem of a ban on smoking in public places. Some support this, some do not, but the general point is that the penalty for smoking is imposed both directly on the offender himself and on a person who in an understandable manner did not indicate the fact of prohibition in the given locality. And for the smoker himself, the fine will not be too great, but if it turns out that there were no prohibiting signs, then the punishment for the owner of the specified territory will be much more significant.

For example, a citizen who smokes not in the right place will have to pay from 500 to 3000 rubles, depending on many factors, including the place of the violation, and an example for the younger generation, and so on. But the legal entity that did not hang up the corresponding warnings will be fined already for the amount of 30 to 90 thousand rubles, which is much more serious. Smoking in the playground is punished more seriously than elsewhere, and attempts to accustom to smoking children are even stricter. Especially if parents do it. A separate punishment is thought out for those who sell tobacco products to minors, thereby promoting children's smoking.

Non-observance of the rules

The rules of public order, in essence, are everything that happens in society. Every action of every person is considered from the point of view of compliance with the relevant rules. Of these, there are 5 major groups of violations that occur most often.

The first of such illegal actions is smoking. To betray a pernicious habit is allowed, in fact, only at home and in specially designated areas. In theory, the law implies the possibility of smoking at a distance from places of mass congestion of people, entrances to public places and so on. In practice, you will have to go out of town to find such a remote place.

The second most common violation, for which an administrative penalty is imposed , is petty hooliganism. Especially considering that it also includes the use of non-normative vocabulary, which sounds very often and absolutely everywhere.

The third, and even more serious, type of violation of public order is the drinking of alcoholic beverages. And if for the fact itself it is necessary to pay about 1 thousand rubles fine, then for being in a drunken state on the street, the fine is a little more - about 1,5 thousand rubles.

Next on the severity is the use of drugs and other similar substances. There is already a fine of about 5,000 rubles, and a foreigner can be kicked out of the country for that.

The most serious violation is the organization without the permission of the relevant bodies of mass events. There is already less than 25 thousand do not work, and in some cases can be used and other types of punishment such as arrest or correctional labor.

Summing up

In general, examples of administrative responsibility are intuitively clear to all more or less adequate citizens. If you behave normally, do not make noise, do not interfere with others, do not drink, do not smoke and certainly do not use drugs, then there will not be any questions of law enforcement agencies for an individual person. It should be noted that of all the violations it is smoking that is the most contentious, and it is less likely to be held accountable for it, only when it can be guar- anteed to prove guilt. But for all other types of violations it is possible with a very high degree of probability to say goodbye to fairly substantial amounts of funds, own property or even work for the benefit of the state for a while.