On the Issue of Public Danger of Administrative Offenses
( Pp. 110-113)

More about authors
Matyukhina Marina Gennadievna adjunct of the Department of Management of the activities of units for ensuring the protection of public order of the center of command and staff exercises
Management Academy of the Ministry of Internal Affairs of Russia
Moscow, Russia
Abstract:
Purpose of research. The problem of public danger as a property of an administrative offense remains relevant in legal science. In this article, the author sets himself the goal of systematizing the current points of view on this issue and formulating his own reasoned position. Results. The study of the problem stated in the title of the article allows us to assert: 1. To date, the following main approaches can be distinguished in assessing the relevance of public danger to the properties of an administrative offense: - administrative offenses do not pose a public danger, but are socially harmful phenomena; - not all administrative offenses are socially dangerous or socially harmful phenomena; - all administrative offenses have a certain degree of public danger. 2. It seems appropriate to include a sign of public danger in the definition of the concept of an administrative-legal tort.
How to Cite:
Matyukhina M.G., (2022), ON THE ISSUE OF PUBLIC DANGER OF ADMINISTRATIVE OFFENSES. Economic Problems and Legal Practice, 2 => 110-113.
Reference list:
Yakuba O.M. Administrative responsibility / Yakuba O.M. -M.: Yurid. lit., 1972. -152 p.
Samoshchenko I.S. The concept of an offense under Soviet law / Samoshchenko I.S. -M.: Yurid. lit., 1963. -286 p.
Matuzov V.O. The concept and essence of an administrative offense / V.O. Matuzov // Bulletin of the University named after O.E. Kutafin (MSUA). -2015. -No. 8(12). -P. 263-266.
Tsukanov N.N. Public danger-an unobvious and optional sign of an administrative offense / N.N. Tsukanov // Actual problems of administrative and administrative procedural law: Collection of articles based on the materials of the annual All-Russian scientific and practical conference, St. Petersburg, March 23, 2018 / Under the general editorship of Yu.E. Avrutina, A.I. Kaplunov. -St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2018. -P. 283-288.
Zyryanov S.M. Once again about the public danger of an administrative offense / S.M. Zyryanov // Administrative law and process. -2017. -No. 6. -P. 43-46.
Bakhrakh D.N. Soviet legislation on administrative responsibility. Textbook / Bakhrakh D.N.; Editors: Golovanova E.A., Kislitsyn I.M., Kovalenko E.A., Pokhmelkin V.A., Rybin A.V., Ushakov A.A. (Ed.) -Perm, 1969. -344 p.
Trainin A.N. The general doctrine of the composition of the crime / Trainin A.N. -M.: Gosjurizdat, 1957. -364 p.
Administrative law: textbook / ed. L.L. Popov. 2nd ed., revised. and additional M.: Jurist, 2005.-344 p.
Popov L.L., Migachev Yu.I., Tikhomirov S.V. Administrative law of Russia: textbook. 2nd ed., revised. and additional M.: Prospekt, 2009. -752 p.
Serkov P.P. Administrative responsibility in Russian law: modern understanding and new approaches: monograph / Serkov P.P. -M.: Norma, Infra-M, 2012. -480 p.
Solovey Yu.P. Review of the monograph by P.P. Serkova Administrative responsibility in Russian law: modern understanding and new approaches. Access mode: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=CJI&n=69655#X5e9I1TasgEoe9q7 (accessed 03/27/2022).
Galagan I.A. Administrative responsibility in the USSR. State and material-legal research / Galagan I.A.; Scientific Ed.: Osnovin V.S. -Voronezh: Voronezh university publishing, 1970. -252 p.
Deryuga A.N. Public danger-a sign of an administrative offense? / A.N. Deryuga // Journal of Russian Law. -2011. -No. 8(176). -P. 48-55.
Theory of State and Law: Textbook: Ed. 3rd / Under. ed. M.N. Marchenko. -M.: Zertsalo, 2001. -624 p.
Keywords:
administrative offense, public danger, administrative law.


Related Articles

INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE «COUNTERACTION CRIME: CURRENT PROBLEMS OF THEORY AND PRACTICE» MAY 20-21, 2022, NALCHIK, NORTH CAUCASUS INSTITUTE FOR PROFESSIONAL DEVELOPMENT (BRANCH) KRASNODAR UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION 1. CRIMINALISTIC, PROCEDURAL AND OPERATIVE-SEARCH MEASURES TO COUNTER CRIME IN THE GLOBALIZATION CONDITIONS Pages: 28-33 Issue №21338
On the Issue of Legal Regulation and the Powers of Law Enforcement Agencies During the Identification Procedure
administrative law security measures state coercion verification of documents identification
Show more
14. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 303-313 DOI: 10.33693/2541-8025-2021-17-3-303-313 Issue №19146
PUNISHING AUTONOMOUS ROBOTS: CRIMINAL LAW PERSPECTIVES
robot robotics artificial intelligence criminal measures responsibility
Show more
8. Social administration and support Pages: 157-160 Issue №6158
PROBLEMS INDUSTRY BY THE DISCIPLINARY LIABILITY OF CERTAIN CATEGORIES OF WORKERS
labor discipline misconduct public servants judges prosecutors
Show more
10. ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS (12.00.14) Pages: 209-214 Issue №18132
Legal liability for hooliganism in the soviet and post-soviet periods
public order public safety public place hooliganism minor hooliganism
Show more
9. ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS (12.00.14) Pages: 202-206 Issue №17728
Sources of administrative enforcement rules in the Old Testament legislation (based on the analysis of the Book of Leviticus of the Moses Pentateuch)
administrative law government public administration legal system sources of law
Show more
10. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 233-236 Issue №17852
Social and legal grounds for retroactive force of the criminal law
retroactive force of criminal law crime punishment public danger criminalization
Show more
5.1.4. CRIMINAL LAW Pages: 271-274 Issue №21250
Some Problematic Aspects of the Qualification of Crimes Against the Sexual Integrity of Minors
sexual inviolability minor depraved acts latency law enforcement practice
Show more
11. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 247-251 Issue №17214
Public risk of crime in real estate
public danger the nature of public danger the degree of public danger the criteria for insignificance of the act the sanction of criminal law
Show more
9. CRIMINAL LAW DISCIPLINES @@CRIMINAL LAW, PENAL LAW, CRIMINOLOGY (12.00.08) Pages: 253-261 Issue №19590
Violation of the Procedure for Organizing and Holding Public Events (Problems of Interpretation and Application of Article 2121 of the Criminal Code of the Russian Federation)
criminal law crime administrative offense repetition violation of the order of conduct
Show more
8. Administrative law; Administrative process, Information Law Pages: 139-144 Issue №6062
ADMINISTRATIVE-LEGAL REGULATION OF STATE CONTROL IN THE SPHERE OF PURCHASES
state control the contract system administrative law
Show more