Administrative offense: ontology of guilt and punishment


Issue: №4 (64) 2020

Heading: Topical issues of science and law enforcement practice


Keywords: administrative offense, guilt, form of guilt, administrative punishment, inevitability of punishment, administrative penalty, ontology of guilt, ontology of punishment.


The author examines the ontology of forms of guilt depending on the degree of public danger, concludes that the recognition by administrative legislation of guilt as a property of all administrative offenses has an extremely important meaning, as it contributes to the exact observance of the principles of social justice, further strengthening the rule of law in the camp and meets not only the requirements the subsequent development of administrative law, but also the needs of law enforcement practice of administrative jurisdictional activity awns. One of the mandatory legal features of the concept of an administrative offense is the punishability of the act, since the term «punishment» and «foreclosure» are used in the current Code of Administrative Offenses of the Russian Federation, the author delimits these concepts, concludes that punishability is one of the necessary features of the concept of administrative misconduct, since without an administrative offense punishment is not possible, just as without a reason there is no investigation.