Types of punishment, limitation period for administrative offenses
The concept of an administrative offense
The law reveals the notion of administrativeoffense and specifies that this is an unlawful, socially dangerous act committed by a legal or natural person for which liability is provided, respectively, to the Code of Administrative Offenses or on the basis of other legislative norms.
An administrative offense may becommitted both intentionally and through negligence. An intentional offense is an act committed by a person who is aware of the wrongfulness of what he is doing and wants the onset of negative consequences from his actions.
An inadvertent administrativean offense is considered if the natural or legal person who committed it did not foresee the occurrence of bad consequences or foreseen, but expected to avoid them. The statute of limitations for administrative offenses is established by law.
Starting from the age of sixteen, a citizen may be brought to administrative responsibility for the illegal actions he has committed.
Types of punishment
When committing actions that do not have a serious public danger, the guilty person may be warned.
The following types of punishment are also applied:
- confiscation of the object by which the unlawful action was committed;
- deprivation of the right to perform certain actions, for example, to drive a vehicle;
- in the case of committing actions that are dangerous to society, administrative arrest may be applied;
- persons who replace state postsservice of federal significance or within the subject of the Russian Federation, included in the executive bodies of legal entities or engaged in the training of athletes, may be disqualified by a court decision.
- Foreign citizens and stateless persons may be expelled from the country;
- in the conduct of activities carried out in violation of the law, it may be decided to suspend such activities with a view to suppress the commission of violations.
Statute of limitations
Administrative liability for the committed acts occurs until the statute of limitations for administrative violations, established in the law, has not expired.
Until 2010, the general statute of limitations foradministrative offenses was two months, but in May 2010 the Code was amended, and the statute of limitations for certain categories of administrative cases was increased.
Currently, the statute of limitations foradministrative cases is two months, and in the event that the administrative proceedings are ordered by the court, the term is extended to three months.
Considering some features of the detectiondelinquency and search for evidence, in certain categories of administrative cases, the statute prescribes a statute of limitations on the administrative liability for such cases - one year.
To such administrative cases, in particular,include: violations of patent, customs, antitrust, currency law, non-observance of traffic rules (on cases that caused easy damage to the health of the victim or moderate damage), copyright protection.
Statute of limitations for administrativeOffenses related to the violation of the corruption legislation are six years from the moment the offense was committed. If the offense does not cease for a long time and is of a continuing nature, the limitation period for such an offense will be calculated from the moment it was discovered.
For the committed administrative offense,which may result in the application of punishment in the form of disqualification, limitation of the statute of limitations is one year from the moment when the offense is committed.
The statute of limitations in administrative law maybe suspended only in one case, if the person who committed the administrative offense, filed an application for consideration of the administrative case at his place of residence. In this case, the period from the time when the application was granted, and until the day when the materials of the administrative case were submitted for consideration, is excluded from the statute of limitations.