Административное правонарушение как фактическое основание административной ответственности в России и Германии

Abstract

The author focused his attention on a comparative study of the fundamental provisions of the administrative offense of Russia and Germany. The concept of an administrative offense is analyzed, its signs are revealed. The coincidence of its individual features in Russian and German law is emphasized. The presence of public danger is noted as a debatable sign of an administrative offense. Such a sign of it as punishability is investigated in connection with which, it is noted that the administrative penalties applied for their commission in Russia are more diverse than in Germany. Special attention is paid to the analysis of some elements of the legal composition of an administrative offense, for example, subjects, the subjective side of an administrative offense. The German experience of an earlier age of bringing to administrative responsibility and its influence on the frequency of administrative offenses is considered. The differentiation of the role of subjects in the commission of an administrative offense is noted. In conclusion, the author makes proposals for borrowing certain provisions of the German Code of Administrative Offences in the Administrative Code of the Russian Federation.