Grounds of Administrative Liability

Abstract

The article is aimed at forming a doctrinal approach to understanding the grounds of administrative liability. It highlights the role of grounds of administrative liability in ensuring the effective functioning of administrative-offense law, reliable administrative-legal protection of public legal relations, and practical application of administrative penalties. The absence of legislative definition of the grounds of administrative liability is noted, as well as the lack of a coherent approach to their understanding in domestic administrative-legal doctrine.
 The necessity of forming a unified concept of grounds of administrative liability is substantiated, based on the achievements of domestic jurisprudence and the objective gaps in jurisdictional practice. The particular importance of taking such a step in the context of reforming administrative-offense legislation and reconsidering traditional categories of administrative-offense law is emphasized.
 The most common classifications of grounds of administrative liability in modern legal science are systematized. A comparative analysis of these grounds is conducted, revealing fundamental differences in various scientific views regarding their nature, essence, content, and list.
 An authorial concept of grounds of administrative liability is formulated, within which it is proposed to differentiate such grounds: normative grounds – a set of material and procedural norms of administrative-offense law underlying the qualification of an administrative offense, conducting proceedings in the relevant administrative case, imposition and execution of administrative penalties, or other measures of administrative influence on the person guilty of committing an administrative offense, and so on; factual grounds – the commission of a specific administrative offense (misdemeanor) as a fact of objective reality, which determines the emergence of real administrative-offense relations; jurisdictional grounds – the issuance, concerning the person who committed the factual violation, of a decision on imposing administrative penalties or applying other measures of administrative influence.