Examples of administrative sanctions and types of administrative penalties

Administrative liability of individuals — quite an intricate system that governs the behaviors of all categories of the population, in part considering some of the features of the individual or its location. Have different types of punishments that depend on a large number of factors, including the frequency of such violations, their severity, potential risk to human health and so on. To most people it is enough to know the main points and features of this responsibility, when it occurs, what constitutes what is and what might be behind the breach.

What is the administrative responsibility

Such liability does not differ from criminal or any other. The basic principles here are exactly the same, only difference is misconduct for which punished, and the punishment that is much easier than for criminal offenses. That is for a misdemeanor may be fined, formal, written censure, compulsory works for a term of administrative arrest, and so on. A lot of variants and all of them can be applied in different ways, depending on numerous factors. For example, for Smoking in a public place shall impose a fine, but for the vandalism can be sent to forced labor for a certain officer of the time and place.

Types of sentences

Not only examples of administrative responsibility are a large number of possible options. These types of punishments are very different from each other. Distinguish seven basic types of effects that can be applied to violate the laws face.

Recommended

Calculation and payment of sick leave

Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...

Employee certification for compliance with the post: purpose, procedure, result

Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...

Registration of vehicle: procedure, sample application, certificate

Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...

The simplest is the standard warning. It is not informal and is not expressed verbally. Such warnings are submitted in written format and strictly taken into account for the future. They can tighten further punishment for other misdeeds.

The Second, more serious form of punishment that can accept an administrative penalty is a fine. Its size depends on many factors, including earlier warnings.

The Next two species are similar to each other. If a person violates the law by using a certain subject in his private property, officials have the right to withdraw this facility. Whether he returned or confiscated in the future, finally — depends on the degree of fault and the like indicators. Also a citizen may be deprived of certain rights and opportunities, which in the normal state are guaranteed by the Constitution, but after the violations will be decided on the possible suppression of such events in the future. For example, to prevent a person to get closer to any object or to another person at a distance less than 30 meters.

In Addition, the offender may be arrested for up to 15 days or sent for execution correctional labor for a few months.

Characteristics and Features

Emphasizing certain features of administrative responsibility that characterize completely all violations of this kind.

The First of them is wrongfulness. That is, the person knowingly violates the law against another person or object, while the latter is someone's property has a certain value, rights and so on.

The Second characteristic implies that the fault of the offender unequivocally proven. Thus, if a person acts illegally, but nobody can prove it, at least indirectly, the punishment to him would not apply.

The Third feature indicates that the actions of a person relate to antisocial directed against the society and order. A more detailed list of all variations of such actions specified in the legislation.

The Last symptom indicates that the person knowingly, knowing what it's doing, commits an offence. It is absolutely not important whether it was inaction, or action. Examples of administrative responsibility here represented by two species. If a person does something especially or specifically not doing. He may not go to court on the agenda, although got it. This is an example of a violation by inaction. The second option — a citizen crossed the road at a red light. This is an example of violation of the act.

Administrative responsibility for military

In General, for military personnel and other citizens are exactly the same laws as everyone else. Different penalties, which in this case can be considered or too strict, or too small. Considering the punishment the military court, which his verdict on this particular case of offense, immediately together with a statement of the punishment which will be imposed on a serviceman.

The Administrative responsibility of the military personnel instead of the standard fines or correctional labor implies a disciplinary sanction in one form or another. For example, if an employee not currently a citizen can get rid of a heavy fine for the same violation, the soldier will get several outfits out of turn. This is the easiest example, as the imagination in terms of punishmentarmy has always been on top.

For foreigners

In accordance with applicable law, at the moment, administrative responsibility of foreign citizens is similar to that which applies in relation to the inhabitants of the country. That is, for the same offense, ceteris paribus, and a citizen, the alien will receive exactly the same punishment, without any discounts in one direction or another.

The Only exception to this rule is the possibility of applying to a foreign citizen for the one measure that cannot be used against the citizen, — the expulsion from the country. Of course, for small irregular misconduct so tough one to respond will not, but if they are systematic or are really serious, this type of punishment can be considered absolutely justified. You need to remember that there are no exceptions for ignorance of the law in this case does not.

For example, a breach of silence at the designated time of the day will be punished equally for foreigners and persons without citizenship, and citizens of the country. But if the systematic abuse over a long term citizen will be awarded a greater penalty, then non-citizen can just drive out of the country.

Minors

Examples of administrative liability for persons who have not reached 18 years of age generally similar to those that apply to adult citizens. Almost all the available punishment can be used, in addition to the arrest, which in this case is strictly prohibited. In practice, often limited to a reprimand or, in serious cases, a fine. Usually take into account the presence of a minor citizen of an independent source of income, however, if you don't have to pay the funds have to the parents of the offender.

Features of administrative responsibility in these cases are identical, but the other penalties are rarely used and already dealt with very significant cases, or situations in which violations occur systematically, and the minor knowingly refuses to follow the law. For example, if person is age 17 violates the rules of public order once, he can get off with a warning. But if after some time it again comes to the wrongful actions of the same kind, it is likely to be fined. Further violations can lead to the appointment of corrective works and other such measures.

Silent Mode

Many faced with such a problem that it is impossible to sleep because of the loud shouting, music and similar actions of others. It's all classed as breach of peace and is also the administrative violation. In different regions there are different rules, but in General, starting from 23 PM to 7 am, every person, no matter legal or physical, is obliged to behave quietly and not disturb others. In some areas or communities in this period of time may vary somewhat as factors affecting the noise. Somewhere there is a ban on road signals, and in another place — loud sounds produced by Pets. To better navigate this, you should study existing in the current region of stay requirement to the noise in the night.

The Main types of administrative penalties in such cases are often limited to monetary penalties, but their size can greatly vary depending on the region and from the source of the noise, type of offender, and so on. For example, if the sound is the tape recorder — you can get away with a payment of 2,5 thousand rubles. But for repairs you will have to pay already 5 thousand roubles. In addition, for legal entities, these amounts will be much higher: 25 and 250 thousand, respectively.

The Penalty for Smoking

Most smokers already in one way or another faced with the problem of the ban on Smoking in public places. Some support it, some don't, but the General gist is that the penalty for Smoking is levied directly on the offender, and on the face, which clearly outlined the fact that the ban in the area. And for the Smoking the penalty is not too large, but if it turns out that it was not at all prohibitory signs, then the punishment for the owner of the specified areas will be much more significant.

For example, a citizen who smokes not where it should be, will have to pay from 500 to 3000 rubles, depending on many factors, including location of the violation, and an example for the younger generation, and so on. And that's the legal person who is not hung up, the alerts will be fined in the amount from 30 to 90 thousand rubles, which is much more serious. Smoking on the Playground is punishable more seriously than elsewhere, and attempts to teach smoke children — even stricter. Especially if it's parents do. Separate the punishment designed for those who sells tobacco products to minors, thereby contributing to children's Smoking.

Irregularity

The Rules of public order, in essence, is all that is happening in society. Every action of every person is considered from the point of view of compliance with the relevant rules. One can distinguish 5 main groups of disorders that are the most common.

The First of such wrongful action is Smoking. Indulge in the pernicious habit allowed, in fact, only at home and in designated areas. In theory, the law implies the possibility of Smoking on the distance from places of a mass congestion of people, entrances to common areas and so on. In practice, you will have to leave the city to find such a remote place.

The Second most common violation for which administrative penalty is considered disorderly conduct. Especially considering that it also includes the use of profanity, which sounds very often and absolutely everywhere.

Third, and most serious, type of violation of public order — drinking of alcoholic beverages. And if for the fact you will have to pay about 1 thousand roubles of the penalty, here for being on the street drunk, the penalty is a few more — about 1.5 thousand rubles.

Next in severity is the use of drugs and other similar substances. There is already a penalty about 5 thousand rubles, and a foreigner for that country to expel.

The Most serious violation is considered to be an organization without the permission of the relevant bodies of mass actions. There is already thousands less than 25 do not work, and in some cases may apply other types of sanctions type of arrest or correctional work.

Summing up

In General, examples of administrative responsibility intuitive absolutely everyone more or less adequate to the citizens. If you behave normal, be quiet, not to disturb others, not to drink, smoke, and especially not to use drugs, no questions of law enforcement bodies to the individual person does not arise. It should be noted that all of the violations by Smoking is the most controversial, and to account for it attract less often, only when can be guaranteed to prove guilt. But for all other types of violations can be very likely to say goodbye to quite substantial sums of money, own property or even work for the state for some time.