Elements of Administrative Offence (Tort)

Autor: N.V. Pavlovska
Rok vydání: 2022
Předmět:
DOI: 10.5281/zenodo.7388056
Popis: The article describes the composition of an administrative offense (tort) with key features, features of the administrative and legal responsibility of citizens for violating their obligations in accordance with the norms of administrative law. Along with this, the legal nature of administrative offenses (torts) was analyzed using examples of judicial practice and it was noted that the main shortcomings are that there is no clear mechanism and procedure for the implementation of administrative and legal responsibility and the procedure for compensation for the damage caused. The legal structure of an administrative offense (tort) is a set of features provided for by the provisions of administrative law, in the presence of which the illegal act can be qualified as an offense. These features include the following: object; the objective side; subject; the subjective side. The author concludes that administrative offence (tort) is an independent institute of administrative law. The definition of "tort" is broader, and it is applied not only in administrative law. Bringing to administrative and legal responsibility on the basis of committing an administrative offense (tort) and the mechanism of its implementation deserves further study and scientific understanding. At the same time, the features of an administrative offense (tort) include the following: action (action or omission to act); illegality; public danger; threat to public order; guilt; punitiveness.  
Databáze: OpenAIRE