In modern times, citizens commit a large number of different offenses that relate to various branches of Russian law. Administrative offenses do not pose a great threat to society, such as criminal atrocities, but at the same time they are prosecuted and have unpleasant consequences in the form of legal liability.
Criminal and administrative codes of the Russian Federation: features, similarities
In Russian legislation, a person can be attracted for what he has done according to several rules of law, the question here will only be what kind of offense he committed. As a rule, the criminal and administrative codes contain a list of articles for various offenses in various areas of society, but their main difference from each other is that in administrative law the offense does not entail dangerous and negative consequences, as in criminal thus, it does not have any special consequences for the offender.
In criminal law, the concept of "offense" is already called a criminal act and is socially dangerous, because it entails the appearance of a conviction for the guilty person, which is repaid after a certain number of years.
For committing an administrative offense, you can end up in a temporary detention center for several days, and if a crime is committed, this period can be even several weeks until the suspect is transferred to a pre-trial detention center.
Punishment for the commission of a particular type of offense is imposed only by the court, this is the main similarity of the administrative and criminal codes.
The concept and types of offenses
Offense means an unlawful act that is harmful to society. The commission of an offense may be caused by the personal motives of the guilty person and affect various spheres of society.
Offenses are divided into the following types:
- misconduct that is not particularly dangerous to society, but carries with it a violation of legal norms;
- the crime is especially dangerous for society and each person individually and is regulated by criminal law.
An example of misconduct is violation of discipline in the performance of official duties, disobedience to management.
An example of a crime can be any act of an individual that falls within the scope of a criminal law.
The concept and types of offenses exist in all public relations, which, in turn, divides the offense in the form of misconduct into the following subspecies:
- disciplinary (in the exercise of labor duties);
- administrative (violation of public order) ;
- civil law (in the field of property and personal non-property relations).
Criminal act
A list of all crimes indicating the articles is contained in the Criminal Code of the Russian Federation, which is a single collection of laws for criminal atrocities.
A criminal offense is a dangerous, unlawful act that, by its action or inaction, violates the rights and freedoms of other citizens, which subsequently gives rise to liability for what has been done.
In turn, crimes are divided into the following types:
- intentional, which from the very beginning of their commission have criminal and evil intent;
- careless, committed in connection with a person’s careless attitude to his duties or due to negligence.
The concept and types of offenses in the field of criminal law have the highest degree of increased danger and are of a special, unlawful nature of the deed.
An example of reckless atrocities is article 264 of the Criminal Code, when careless actions by a driver lead to death and serious consequences of the health of a passenger or a pedestrian.
Examples of deliberate atrocities are: murder, rape, theft, fraud, robbery and other acts stipulated by a special part of the code of crimes.
A criminal offense is a particularly dangerous crime, the legal consequences of which will be a criminal record.
Forms of Guilt of Perfect Crime
There are two main forms of guilt of an individual:
In accordance with these two values, the category of the criminal offense is determined and the punishment for the deed is hereinafter referred to.
Deliberate acts are of direct intent, and those who commit them are aware of the unlawfulness of their actions.
Negligent crimes are committed through negligence, and the person does not expect and does not want the onset of negative consequences.
Administrative Offenses Act
The concept and types of offenses in the Code of Administrative Offenses of the Russian Federation have exactly the same features as in criminal law, the only thing that separates administrative offenses from criminal acts is the least degree of public danger and the absence of strong negative consequences in the form of a criminal record.
The Code of Administrative Offenses of the Russian Federation, which regulates the prevention of offenses in the field of public order, state power, traffic rules, as well as prohibiting other offenses and providing for punishment for them, is the main law on administrative offenses.
Forms of guilt for an administrative offense
The commission of an offense in the field of administrative law entails the onset of administrative responsibility, which can be expressed in the form of a fine, arrest, suspension of activity, warning.
Administrative offenses in the form of guilt are divided into:
Intentional administrative offenses are illegal public acts, the person who committed them, foresaw the negative consequences and wished them to come. An example of such offenses is: smoking in a public place, when a citizen knows that it is prohibited by law, and he still performs illegal actions, hoping that he will avoid a fine.
Negligent offenses in the field of administrative law are accidental, negligent acts or omissions of the guilty person who did not want the onset of negative consequences. In this case, an example would be a violation of the rules of the road by a driver who, before driving on a vehicle, did not check the health of all electrical appliances in the car, as a result, he received a fine for a light that did not burn on the headlight.
Offenders
In the field of administrative offenses, an act may be committed by legal entities and individuals.
An example of holding a legal entity liable is as follows: the club suspended its activity due to a violation of fire safety requirements, and the state fire supervision inspectorate issued an order according to which the violations indicated therein should be eliminated on time if the requirement is not fulfilled by the due date then the fine will be imposed on the legal entity.
In criminal law, the person who committed the criminal act can only be an individual or a group of individuals, who will be responsible for the deed. For example: one citizen robbed a citizen and took her bag from her, in connection with which he was prosecuted for robbery, as a result, he received 2 years in prison and went to serve his sentence in prison.