Concepts and main signs of administrative responsibility: analysis of modern administrative and legal literature

Abstract

In the article, the author states some principle theses regarding the essence of administrative responsibility. In particular, it was determined that in modern concepts of administrative responsibility, the problem of assessing law from general systemic and philosophical positions, which reflects the general laws and principles of society, integrating the substantive and phenomenal characteristics of socio-legal reality, which includes theoretical and methodological criteria for assessing law in relation to absolute (legal substance) and derived order (optimal requirements of social reality, concentrated in traditional mentality).
 The author supports the thesis that one of the defects of the administrative-delict legislation is the normative consolidation of provisions regarding the possibility of establishing the composition of a misdemeanor and responsibility for its commission, as well as the application of relevant norms outside the Criminal Code. This approach to the construction of legislation on administrative responsibility is a condition for the occurrence of collisions, which actually discredit both the legislator and the law enforcer. Emphasis is placed on the fact that administrative offenses are socially harmful, anti-social phenomena. Recognizing administrative offenses as socially harmful, and not socially dangerous, is the criterion by which it becomes possible to distinguish between crimes and administrative offenses.
 On the basis of the above, the author believes that administrative responsibility is a complex legal mechanism of the state’s response to the manifestation of administrative wrongdoing, which contains material and legal grounds and the procedural order of proceedings in cases of administrative offenses. The basis of administrative responsibility is differentiated administrative wrongdoing, composition of administrative offense; administrative penalty (substantive legal aspect) and procedural form.