Criteria of defining administrative violations as minor

About the author:

Vladislav Y. Pirogov ,

Abstract:

The current administrative legislation contains a number of evaluative categories. One of these categories is the notion of «insignificance of administrative offence». In case of insignificance of an administrative offence the person who committed it may be released from administrative responsibility. However the definition of insignificance of an administrative offence is not given in the legislation, the criteria of insignificance are not determined. To develop the theme of the article the author examined the legal practice and scientific approaches to solving the specified problem. This article presents an evaluation of the difinition of the insignificance of an administrative offence given in the Supreme Court of the Russian Federation's Plenary Meeting Resolution No. 10 «On some issues that occurred in the court practice during the investigation of cases on the administrative offence», dated June, 2nd, 2004, and the Supreme Court of the Russian Federation's Plenary Meeting Resolution No. 5 «On some issues that occurred in courts when applying the Code of Administrative Offences of the Russian Federation” dated March, 24th, 2005. Toexamine the subject of research the author used and analyzed scientific investigations of I.O. Podvalny, O.N. Sherstoboev, A.V. Neprinzev and V.V. Stepanov. As a result of the research the author determined the criteria of insignificance of the administrative offence. The main criteria are: minor loss, minor degree of violation and minor threat of negative effects. Secondary criteria are: guilt of negligence and non-significant or accidental role of an offender in the committed offence.

References:

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