The term of bringing to administrative responsibility. Administrative Code. Prescription of administrative responsibility
Violation of the rules for the implementation of life activities to one degree or another usually entails some kind of responsibility - administrative or criminal. There are also types of responsibility, which consist in imposing a disciplinary sanction.
If we consider the classification of misconduct, crimes and violations, the violation of discipline in the performance of work entails the appropriate punishment, but the least severe. The offense, which has its time of bringing to administrative responsibility, is not socially dangerous, but must be curbed, since in the event of an unfavorable development of events it may turn out to be an act with more serious consequences.
The Criminal Code provides for penalties for acts that are socially dangerous and entail serious, often irreversible processes.
Administrative Code: administrative responsibility. Differences from other species
Disciplinary measures can only be used against a citizen who has violated labor discipline. The Labor Code says that only one penalty can be imposed for one violation. For ordinary citizens, employees of organizations, disciplinary responsibility is provided in the form of a remark, reprimand and dismissal. For the military, variations in the form of outfits, deprivation of rank and even disciplinary arrest are possible.
Moreover, such offenses should be considered as one of the least serious. They do not pose a social danger, and therefore the punishment for them does not go beyond the framework of the Labor Code.
Criminal liability can be borne only by an individual who commits an act (or inaction) of a socially dangerous nature. For a crime, punishment in the form of imprisonment in a colony for a fixed term is appointed as one of the possible options.
Crimes that cause significant harm to the rights, interests, health and life of society and the individual citizen are punished more severely than all other types of violations.
Presence of the perpetrator
The administrative responsibility of citizens provides for a specific person, that is, is individualized. In criminal proceedings, a case is initiated regardless of whether a suspect is available. In the case of his absence, special bodies are engaged in his search.
Administrative offense and liability are at risk and measures between disciplinary action and criminal punishment and liability. Thus, the legislator allows a person (s) to correct when committing an administrative misconduct that does not pose a public danger, such as a criminal offense. In addition, both individuals and organizations may bear administrative responsibility.
Administrative offenses are of two types: committed and continuing. Prescription of administrative responsibility depends on the type of violation.
Perfect offenses have a rather brief structure and duration. That is, from the time of committing to the onset of consequences, not so much time passes, and more often it happens almost simultaneously and consistently: an offense is the result. Thus, the violation can be considered complete.
Here, the commission and detection can occur simultaneously, on the basis of which a protocol is drawn up and a resolution is made if possible. Either a protocol is drawn up, materials are sent under jurisdiction.
A continuing administrative offense has other distinctive features when its commission and the onset of consequences do not coincide and, most often, have a long gap in time. In this case, the countdown and the statute of limitations.
Grounds for administrative liability
In order to attract a person, it is necessary that all signs of this type of offense exist. They are defined as follows:
- Actual action (or inaction);
- its unlawful nature - a violation of the law, which covers several legal branches protected by the Administrative Code;
- guilt of the person - distinguish between intentional and reckless forms of guilt; in the event that a violation, responsibility for which lies in the administrative plane, took place, but was committed due to insuperable circumstances (that is, there is no person’s fault), the act cannot be recognized as an administrative violation;
- punishability - for committing certain actions there are administrative measures.
Thus, in the presence of all listed signs it is possible to say that an administrative offense was committed.
The penalties for offenses of this type are also different. We can single out a fine (used most often), a warning, confiscation of the instrument of committing an offense, deprivation of a specialized right, removal from office, suspension of activities (concerns organizations and individual entrepreneurs), administrative arrest and expulsion.
All these types of punishments can be applied to a citizen in full. Only the first three types listed are applicable to a legal entity (or individual entrepreneur).
The punishment and the term of bringing to administrative responsibility are established not only by the relevant code, but also by the laws of the subjects of the Russian Federation.
Presence of the culprit
Since each wrongful act must be punished taking into account its characteristics and degree of danger, with the observance of the constitutional rights of citizens and legal entities, the prescription of administrative responsibility is established.
In criminal cases, which are distinguished by serious consequences, the statute of limitations is much more - from 2 to 15 years, depending on the crime that was committed. In addition, such periods may even be suspended if the person suspected of committing a criminal act evades investigation.
In administrative matters everything happens differently. According to Article 25.1 of the Administrative Code, a case can be considered in court without the presence of a person who is guilty of an administrative offense, only in cases where a citizen or organization represented by a representative is duly notified that a court hearing will be held.
This administrative proceedings is different from the criminal, but very similar to arbitration, where claims are considered between organizations or entrepreneurs.
The administrative responsibility of legal entities occurs in all articles of the second section of the Administrative Code, that is, its special part.However, Article 2 of the Code on Administrative Offenses of the Russian Federation states that the use of measures can be used insofar as they can apply to both individuals and legal entities. That is, if in the sense of the norm it can be seen that it is applicable only to a legal entity, then, accordingly, it no longer applies to the physical.
In the event that the article assumes that use is possible only when the violation is committed by an individual, the administrative liability of legal entities does not occur. However, there are other rules and regulations on which the act is subject to qualification.
As a rule, the articles indicate what measures are applied to a legal entity in the event of misconduct of an administrative nature, and they are much more and stricter than those of other individuals - individual or individual entrepreneurs.
In the event that a division, merger, or reorganization of legal entities has occurred, the grounds for administrative liability are revealed only in relation to the organization to which the right to enter into transactions has passed, or to a company that has joined another (or newly formed legal entity).
Periods of involvement in the Code on Administrative Offenses: general procedure
The term of bringing to administrative responsibility for all is 2 months from the date of the offense, or, if the violation continues, from the moment of its discovery. Here there is a difficulty in applying this order. For example, the guilty person, knowing that after the expiration of the time limit, cannot be brought to administrative responsibility, is hiding, or the case of violation has been for a long time with the employees and in the bodies that discovered it.
Thus, on the day of consideration of the case in the justice bodies, it is necessary to recognize that the statute of limitations for prosecution has expired and the case is closed. However, if the case must initially be considered in court, the limitation period of bringing to administrative responsibility is three months.
Suspension and extension
Issues of disqualification of the perpetrator can be resolved within 12 months from the date of discovery or commission.
In the event that, initially, a criminal check was carried out on the basis of the committed violation, but at the same time the initiation of the case was denied and there are signs of an offense from the point of view of the Administrative Code,then the term of bringing to administrative responsibility begins to be calculated not from the date of the decision on refusal (which would be appropriate), but from the moment the act is committed.
If the guilty person has filed a request for consideration of the case at the place of residence, the case is transferred to the appropriate court. At the same time, the time limits set for the Administrative Code on administrative responsibility are suspended. This is stated in Article 4 of the Code.
Extension of time does not occur often, but it is possible only at the request of individuals. The court has no right to independently restore the terms of attraction at its discretion.