Administrative Offense and Criminal Misconduct

• Main Author: N. I. Pobezhimova
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2019-12-01
• Series: Сибирское юридическое обозрение
• Subjects: administrative offense (misconduct); criminal misconduct; crime; administrative-tort law; legal liability; administrative responsibility; signs of an administrative offense; administrative reform
• Online Access: https://www.siberianlawreview.ru/jour/article/view/444

The article is devoted to the analysis of the concept of “administrative offense” and its relationship with a criminal offense. The article discusses the norms of administrative-tort legislation of the Soviet period, indicating the peculiarities of terminology in the definition of the concept of an administrative offense (misconduct). A retrospective study of the norms of administrative-tort legislation is carried out through a comparative legal analysis of the norms of the Code on Administrative Offenses of the RSFSR and the Code of the Russian Federation on Administrative Offenses. The opinions of administrative scientists (Y. M. Kozlova, M. S. Studenikina,P. Shergin and others) about the nature of an administrative offense are investigated. The Author pays special attention to the idea of introducing a novel of criminal misconduct as an independent type of legal responsibility. The Author discusses, offering a reasoned point of view regarding the distinction between administrative offense, criminal misconduct and crime. A comparative analysis of the signs of an administrative offense and criminal misconduct is carried out with the most important characteristics of these phenomena highlighted. Based on the study, the Author substantiates the position regarding the existence of the institution of administrative responsibility, taking into account the novels proposed in science.