The Code of Administrative Offences as the Legal Basis of Administrative Responsibility in Germany and Russia (Material Aspects)

Abstract

The author conducted a comparative legal analysis of the regulatory framework of administrative responsibility — the legislation on administrative offenses of the two countries that are part of the Romano-German legal family. It is noted that this legislation is codified in both countries. However, the German Code of Administrative Offences, unlike Russia, can be called a framework. The concept of an administrative offense and its signs are analyzed. It is noted that they partially coincide in Russian and German legislation. Special attention is paid to the analysis of subjects of administrative responsibility. In particular, there is an earlier age of bringing individuals to responsibility in Germany compared to Russia. It is noted that in Germany, unlike in Russia, the institution of complicity is used in administrative responsibility. Administrative offenses and administrative penalties applied for their commission in both countries are investigated. It is concluded that there are much more of them in Russian legislation and they are more diverse. In conclusion, the author makes proposals on borrowing certain provisions of the German Code of Administrative Offences in the Administrative Code of the Russian Federation.