CRIMINAL AND ADMINISTRATIVE RESPONSIBILITY: ALLIES OR ANTAGONISTS?

Year: 
2019

Article:

Issue: 
3

DOI: 
10.34076/2219-6838-2019-3-36-50
Author(s): 

Osintsev Dmitrii

Chief researcher, Ural State Law University (Yekaterinburg), doctor of legal sciences, e-mail: dimios@mail.ru

Author(s): 
Osintsev Dmitrii
Abstract: 

In the domestic jurisprudence, the emergence, development and improvement of the institution of administrative responsibility, which has transformed into a separate sub-sector of administrative law over time, is considered as one of the outstanding achievements in jurisprudence. Indeed, its ideology, aimed at humanizing and decriminalizing certain unworthy acts, was one of the ways to ensure the rights and freedoms of the individual. The named institute followed from the institute of criminal responsibility and in many respects borrowed its legal constructions; however, over time it became evident that they have nothing in common. Administrative responsibility is established on the basis of deviations from administrative requirements (the law only formally legitimizes it); in fact, has no corpus delicti; is connected with complicity in the framework of formal illegal activity; implies the imposition of measures depending on the granted administrative statuses and regulatory regimes that are manifested in the framework of not protective but regulatory influence; those measures that are considered punishments are only means of individual behaviour correction, so they do not solve law enforcement tasks.

Key words: 

administrative responsibility, constituent elements of an offence, administrative regulations, criminal penalties, categories of offenses

Text of the article: 
English