☰ Contents · State and law

Administrative offence and liability

Lessons 10 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
10

Administrative offence and administrative liability

Textbook: pp. 46–48
GoalExplain administrative offence and administrative liability, the Code of Administrative Responsibility, and the difference between a misdemeanour and a crime.
New words
administrative offence · ma’muriy huquqbuzarlikadministrative liability · ma’muriy javobgarlikadministrative coercion · ma’muriy majburlashmisdemeanour · nojo‘ya harakat
Explanation

Legal science has the principle of the “inevitability of punishment”: every offence should lead to legal liability, and liability aims not only to warn and prevent but also to help the person realise the danger of their unlawful conduct. An administrative offence is an unlawful and guilty (intentional or negligent) act or omission for which the law provides administrative liability and which encroaches on a person, rights and freedoms, property, public order or the natural environment. The Code of Administrative Responsibility was approved on 22 September 1994, entered into force on 1 April 1995 and has been amended many times; administrative liability may also be provided in other laws. Administrative liability starts at 16; for 16–18-year-olds the law takes their age into account and also allows educational measures to be used. Administrative coercion means measures of influence used by executive bodies to ensure that legal instructions are carried out; they apply to individuals and to organisations. A misdemeanour (an offence leading to administrative or disciplinary liability) differs from a crime by lower social danger: crimes are defined only by the Criminal Code and bring criminal punishment and the consequence of a conviction; criminal liability usually starts at 16, and for certain grave crimes at 14. The amount or consequences of similar-looking conduct separate an administrative offence from a crime — for example, theft of a very small amount may be administrative and of a large amount a crime.

Worked examples
A passenger on a bus without a ticket, a person who drops litter in the street or a pedestrian who crosses on a red light — these are usually administrative offences: liability is set by the Code and related laws, usually a fine.
Regular lateness to work without reason is a disciplinary misdemeanour (applied by the employer), not repaying a debt is a civil-law dispute, and seizing property by armed attack is a crime. All may look “unpleasant”, but the types of liability differ.
Class activity

“Which liability?” traffic-light cards: green — civil, yellow — administrative/disciplinary, red — criminal. The teacher reads 8 short situations, groups raise a colour card and justify it in one sentence.

Practice
1
What is an administrative offence? List its features.
2
From what age does administrative liability begin and what approach can be used for 16–18-year-olds?
3
Classify as administrative, disciplinary, civil or criminal liability: a) lateness to work; b) not buying a ticket in transport; c) not repaying a bank loan on time; d) killing a person.
4
Why is the principle of the inevitability of punishment important for society?