Some aspects of the qualification of administrative offenses related to corruption

Abstract

The article is devoted to the study of some aspects of qualification of administrative offenses related to corruption, in particular, the definition of the concept, features and subjects of its implementation. Scientific approaches to understanding the concepts of "administrative-legal qualification" and "qualification of an administrative offense" are considered in order to clarify the question of whether these categories are fundamentally different or identical. Summarizing the researched definitions of the concepts "administrative-legal qualification" and "qualification of an administrative offense", the defining aspects of qualification of an administrative offense are highlighted. Particular attention is paid to the definition of the subjects of qualification of administrative offense related to corruption. The analysis of the norms of the current administrative legislation provides a list of entities authorized to draw up reports on administrative offenses related to corruption. Taking into account the case law on administrative offenses related to corruption, the features and content of qualification of such offenses in court proceedings are determined. The main aspects related to qualification of administrative offense related to corruption are highlighted. The subjects of qualification of administrative offense related to corruption have been identified. The process of qualifying administrative offense related to corruption is proposed to be considered as a set of relevant actions identified by the author. According to the results of the research, the author's definition of the term "qualification of administrative offense related to corruption" is given, which should be understood as the activity of a specially authorized subject for knowledge, analysis and evaluation of an act there is a comparison and correlation of signs of the committed act (action or inaction) to legally significant signs (legal structure) of the administrative offense connected with corruption, defined by the current administrative legislation, with the corresponding procedural registration.