Administrative Offences Legislation In Russia And Abroad: Historical And Legal Genesis

Abstract

The problem of administrative responsibility is connected with the general problems of legal responsibility and is urgent in the modern period of development of our state. The article reveals the trends in the transformation of administrative offences legislation after the fall of the Soviet Union in Russia and abroad. Legislative amendments are considered in reference to the laws of Eastern and Western European countries, recommendations of the Committee of Ministers of the Council of Europe concerning the regulation of administrative responsibility. Here it is important whether the proceedings are carried out and liability for the crimes committed is ensured only by court or by the administrative procedure. This research proves the necessity of administrative responsibility codification and its influence on security of citizens’ and organizations’ rights and freedoms. Legislative amendments concerning its division into material and procedural legislation and establishing the principles of administrative responsibility, criteria for distinguishing administrative responsibility from criminal are suggested. The essence and severity of the punishment imposed for committed offence allow to distinguish criminal offences from other types. Based on the type of punishment, such actions are recognized as criminal offences which are punished by deprivation of liberty. So, the type of punishment is one of the main criteria for distinguishing the scope of criminal law and administrative and tort law. The CIS countries also apply such type of punishment as administrative arrest. Arrest as a type of administrative punishment is determined by the poverty of people and difficulties to collect administrative fines.