Административная ответственность в России: история возникновения и социальные основания (1835- 1892гг.).

Abstract

Introduction. The relevance of the research topic chosen for the scientific article is related to the fact that the institution of administrative responsibility is currently being reformed. Meanwhile, in legal science there are a number of debatable theoretical issues related to the essence of this type of responsibility, its relationship with criminal liability. In practice, difficulties often arise in distinguishing between criminal and administrative liability both at the level of legislative activity and in the process of law enforcement. The author considers it necessary to turn to the historical aspects of the correlation of administrative and criminal liability. The purpose of this article is, on the one hand, to clarify common ground in the historical retrospective of criminal and administrative responsibility and, on the other hand, to justify the autonomy of administrative responsibility as coercion, which has independent social foundations and historical background in our state. Methods. The author uses the traditional historical and legal method of scientific research, which includes a direct analysis of the sources of Russian criminal and police law of 1835-1892. in the context of the current political and social situation. The author also optionally uses the method of comparative research, referring to the history of various legal institutions of a number of foreign states. Results. In the pre-revolutionary police law of Russia, the concept of state coercion was developed, which includes measures of prevention and suppression, as well as measures close to punishments and applied administratively. In addition, under the criminal law of the period under consideration, there has been a tendency to differentiate into crimes and unimportant misconduct. In addition, it was found that two factors influence the creation of the right of administrative offenses: 1) the increase in the punishability of undesirable behavior for the state in various spheres of public life requires differentiation of responsibility, allocation of various types of illegal behavior. 2) the permissive type of legal regulation associated with the establishment of the procedure for the implementation of personal, political, other rights contributes to the development of the theory of administrative coercion of various types, including administrative responsibility as an independent type of legal responsibility. The author suggests that his conclusions will help draw historical parallels with the present.