ADMINISTRATIVE OFFENSE AND ADMINISTRATIVE RESPONSIBILITY

ADMINISTRATIVE OFFENSE AND ADMINISTRATIVE RESPONSIBILITY

Administrative offense

  1. An administrative offense is an unlawful, culpable (intentional or careless) action or omission of an individual or an unlawful action or omission of a legal entity, for which this Code provides for administrative responsibility.
  2. Administrative liability for offenses provided for in articles of the Special Part of this Code occurs if these offenses by their nature do not entail criminal liability in accordance with the legislation.

Committing an administrative offense intentionally

An administrative offense is recognized as committed intentionally if the individual who committed it was aware of the illegal nature of his action (inaction), foresaw its harmful consequences and wished or consciously allowed the onset of these consequences or treated them indifferently.

Committing an administrative offense by negligence

An administrative offense is recognized as committed by negligence if the individual who committed it foresaw the possibility of the occurrence of harmful consequences of his action (inaction), but without sufficient grounds thoughtlessly counted on their prevention or did not foresee the possibility of such consequences, although with due care and foresight he should have and could have foreseen them.

Persons subject to administrative responsibility

1) a sane individual who has reached the age of sixteen by the time of the termination or suppression of an administrative offense;

2) a legal entity.