Under the current law on the territory of the country, the management order should be understood as a system of political and legal institutions that ensure the normal functioning of state power. In our article, we consider the general characteristics and signs of administrative offenses against the management order. We will analyze the classification of the category, as well as the possible consequences.
Management Order
It should be noted that, in addition to ensuring the normal functioning of state structures, organizations of a public type and their representatives, the management procedure includes maintaining a fairly high level of authority of the relevant authorities, as well as the interests of public associations, state organizations, and civil rights.
Before proceeding to the characterization of administrative offenses against the management order, it is advisable to note that it is the police (internal affairs bodies) that seize the corresponding position in the system of entities involved in ensuring the established order. Officials are vested with their competence in the field of prevention and subsequent suppression of infringement of an unlawful plan. They are provided for in Chapter 19, “Administrative Offenses Against the Management Order,” of the Administrative Offenses Code of the Russian Federation. Consider the competence of employees in more detail:
- Violations of the administrative plan, which are directed against the procedure for the functioning of state structures and the work of their officials determined by law.
- Violations that are associated with non-compliance with the procedure for handling documents proving the identity of citizens, as well as their residence.
- Administrative offenses against the management order related to non-compliance with the rules of state registration.
- Offenses related to the exercise of duties and rights of citizens, ensuring their personal safety. This category of administrative offenses against the management order also includes ensuring public safety and protecting the life of society.
Further it is advisable to consider some standard violations. It is worth noting that the prevention and subsequent suppression of these types of administrative offenses against the management order is somehow or other included in the competence of the police in the field of ensuring the management order defined by law.
Damage, print failure
Among the types of administrative offenses against the management order, it is important to designate a breakdown or some damage to a seal (seal) intentionally in accordance with Art. 19.2 Administrative Code of the Russian Federation. The mentioned violation is relevant in relation to the seal (seal), which is imposed by authorized civil servants. The exception is cases provided for in Art. 16.11 and h. 2 Article 11.15 Administrative Code of the Russian Federation. In this situation, the object of violation is the procedure for sealing (sealing) of certain items by officials who are authorized to do so.
It is important to note that the officials of the structures that carry out the state. control (supervision), as well as other bodies have the right to seal and seal the premises, places of storage of documents, cash, valuables of a material nature, cash desks, vehicles, safes, etc. This is done in order to ensure the full safety of the aforementioned property, suspension and prohibition of the activities of companies, the organization of the safety of the property complex, in respect of which the arrest is relevant in accordance with Part 5 of Art. 27.14 of the Administrative Offenses Code of the Russian Federation, as well as in other cases stipulated by legislation in force on the territory of the Russian Federation. As a rule, in the process of sealing and sealing personal number seals and stamps are used. They allow you to identify a particular official.
The objective aspect of this administrative offense against the management order consists in non-compliance with the requirements of executive structures, determined by lawful features, about the partial or complete suspension of a specific activity, some types of work. It consists in deliberately breaking or damaging a seal or seal when the requirements of the authorities mentioned above or their officials were previously accompanied by nothing more than the imposition of seals or seals on the corresponding objects. In other words, a manifestation in active actions is a sign of an administrative offense against the management order.
In our case, the subject can be both an official and a citizen who deliberately broke a seal or seal. The subjective aspect is characterized by direct intent.
The objective and subjective aspects of offenses
Let us examine the issue of administrative liability for offenses against the management order. It is worth noting that the consequences in any case entail disobedience to the lawful orders of police officers, military personnel, employees of structures for controlling the circulation of psychotropic substances and narcotic drugs, representatives of bodies authorized to implement functions related to monitoring and supervision in the field of migration, or employees of institutions - executive type (information from Article 19.3 of the Administrative Offenses Code of the Russian Federation). The direct object in this case is the work of the listed structures and officials.
The objective aspect of the violation can be characterized both by inaction, in other words, failure to comply with the legal requirements and orders of the above-mentioned representatives of the state authority, and by an act that is expressed in preventing them from fulfilling their official duties.
The presence of a police officer in the performance of duties related to the protection of public order and public safety, one way or another, is indicated by the presence of a certain form of clothing, as well as a sign affixed to clothing in the chest area or the presentation of an appropriate certificate.
The subjects of administrative offenses against the management procedure may be those individuals who are addressed to the order regarding the implementation of specific actions or, conversely, the requirement to abandon certain acts that usually lead to dangerous consequences. It should be noted that the subjective aspect of the offense is usually characterized by intent.
Vehicle Registration
In qualifying administrative offenses against the management procedure, it is important to note the non-compliance with the algorithm of state registration of transport of all varieties, facilities and mechanisms (information from article 19.22 of the Administrative Code of the Russian Federation). It is worth noting that this violation is included in the competence of the police (STSI). To fully account for vehicles of all types, facilities and mechanisms that are considered sources of a high level of danger, their registration is mandatory in the Russian Federation. In the process of considering the general characteristics of an administrative offense against the management order, it is important to clarify that the object of the violation in this case is relations that arise in society. They are formed in the field of state registration and operation of transport, which is a source of an increased level of danger.
In accordance with the subjective aspect, this violation manifests itself primarily in non-compliance with certain deadlines for deregistration or registration of vehicles of all varieties, settings and mechanisms by their owners. It is advisable to include violation of registration rules by officials of structures authorized to register.
The subjects of violations are legal entities, citizens, as well as officials. The subjective aspect is expressed, as a rule, in the form of intent, sometimes in banal negligence.
Non-compliance
Consider the issue of non-compliance with administrative restrictions and non-fulfillment of obligations that are established during administrative supervision (in accordance with the information in Article 19.24 of the Administrative Offenses Code of the Russian Federation). The object of such types of administrative offenses against the management order (Article 19) is considered to be public relations, which establish a management procedure in the field of ensuring personal civil security, maintaining public order, and ensuring proper security.
The objective aspect is manifested in the non-fulfillment by a person in respect of whom administrative supervision is determined of those duties that are related to compliance with restrictions. The latter are established by the court in accordance with federal law.
Classification of Constraints
Making a course work on administrative offenses against the management order, it is important to address the issue of administrative restrictions. So, in accordance with Art. 4. Federal Law of 04/06/2011 "About the adm. supervision of persons who have been released from places of deprivation of liberty ”, the following restrictions may be established for a supervised person:
- To stay in certain places.
- To visit places where mass and other events are held, as well as to participate in specific projects.
- To stay outside a residential or other premises, which is considered the place of residence or temporary stay of the supervised person, as a rule, at certain hours.
- To travel outside the territory established by the judicial authorities.
The appearance from 1 to 4 times a month to the structure of the internal affairs in accordance with the place of temporary stay or residence for the purpose of registration for such persons is mandatory. During the period of administrative supervision, due to the execution of the application by the internal affairs structure, taking into account information regarding the lifestyle, as well as the behavior of the supervised person, compliance with the restrictions of the administrative plan, the judicial authorities may partially cancel the restrictions. In addition, they have the right, on the basis of a statement from the internal affairs structure, to make additions to the administrative restrictions that were previously established by the supervised person.
Responsibilities and Administrative Responsibility
When writing a term paper on administrative offenses against the management order, the issue of responsibility must be taken into account. So, according to the conditions indicated in part 2 of Art. 19.24 of the Administrative Code of the Russian Federation, an administrative responsibility is imposed on a supervised person for failure to perform such duties:
- Arrival within the time period established by the administrative service of the correctional structure to the chosen place of stay or permanent residence immediately after release from the place of deprivation of liberty.
- A turnout for registration with the police within 3 days from the date of arrival at the chosen place of stay or permanent residence after being released from the place of restriction of freedom or after changing the place of temporary stay or residence.
- A turnout for registration with the police at the place of stay is temporary for 3 days.
- Notification of the structure of internal affairs in accordance with the place of temporary stay regarding departure to the place of residence.
- Notification of the structure of the internal affairs within 3 days regarding the change of place of stay or residence.
- Notification to the police within 3 working days regarding employment, job change or dismissal.
- Admission of police officers to a residential or other premises, which is the place of stay or residence, as a rule, at a specific time of the day during which this person is prohibited from staying outside the specified place.
In addition, the supervised person undertakes to call the police directly at the place of stay or residence within the time period established by this structure, as well as to give written or oral explanations according to issues related to compliance with administrative restrictions and the performance of established duties.
Category of disobedience
So, we examined the signs and qualifications of administrative offenses against the management order. It is advisable to move to the category of disobedience to legal orders of officials of structures that are engaged in the implementation of state control (supervision) in accordance with article 19.4.
Disobedience, as a rule, entails a warning or even the imposition of an administrative fine on individuals in the amount of from 500 to 1000 rubles. If we are talking about officials, then the size of the fine will vary from 1,000 to 2,000 rubles.
Features of disobedience
It is important to note that the legal requirements, orders of officials who fulfill the duties assigned to them by the legislation in force in the country, related to the prevention, detection and suppression of adm. offenses, as well as crimes in the work of legal entities and individuals, other organizations, and regardless of organizational subordination and forms of ownership, are considered mandatory for the management, other officials of the relevant organizations and individuals. These legal requirements (instructions) may be expressed verbally or in writing.
To determine the features and legal composition of an administrative offense, as well as the legality of orders from officials, you need to refer to specific legal acts that govern the activities of structures that implement state. control and supervision in a specific area, as well as to relevant standards and norms, rules in force in this area.
Conclusion
So, we have analyzed the category of administrative-type offenses. We examined the signs, consequences and other important aspects of the issue. In conclusion, it should be noted that the relevant cases are authorized to be considered exclusively by judges. Administrative violations protocols are formed by officials of internal affairs agencies.