Features of administrative and legal qualification of administrative offenses related to corruption

Abstract

The article is devoted to the peculiarities of the administrative and legal qualification of offenses related to corruption. The content of the qualification of an administrative offense is the assessment of the act from the point of view of the law, in this regard, the choice of administrative law, which provides responsibility for this act, proving that the application in this case is subject to this rule, legal registration and consolidation of the conclusion on an assessment of the committed.

Incorrect or incomplete qualification of the committed offense means illegal bringing of a person to administrative responsibility, or the disposition of the incriminated article does not correspond to the actually committed act of the person, or the committed act falls under signs of any other offense. An error in qualification can lead not only to the incorrect imposition of a sentence, but also to the unjustified application of a number of other restrictions related to bringing to administrative responsibility.

It is established that the qualification of administrative torts is one of the stages of the use of administrative law, the purpose of which is to establish the grounds for the application of administrative liability to a person who has committed illegal acts. It is determined that the correct and complete qualification can be carried out only when all the obligatory factual circumstances of the case are established, when the legal composition is determined and provides for the establishment of features that characterize each of the elements of legal composition - object, objective side, subject, subjective side. It has been proved that the peculiarity of the object of an administrative offense related to corruption is that the vast majority of their commission involves encroachment on the norms of financial, labor, tax, banking and other areas of law. The objective side of corruption-related offenses presupposes the existence of an act, as well as in some cases the time and manner of committing the offense. Officials are the subject of offenses. The subjective side is characterized by an intentional form of guilt. The analysis of administrative and legal norms will help to eliminate shortcomings in bringing offenders to administrative responsibility, will positively affect the law enforcement practice of jurisdictional bodies and will gain legal perfection.