The essence and composition of an administrative offense under the Code of Administrative Offenses of Georgia

Abstract

The basis for administrative liability is administrative offense (administrative misconduct). At the same time, responsibility for administrative action on the case, if the illegal action does not lead to criminal liability. According to administrative science and practice, the essence of an administrative offense is the use of administrative sanctions by the state authorities against persons who violate the norms prescribed by Code of Administrative Offenses or other normative acts. An administrative offense is an unlawful, guilty and punishable act of a natural and / or legal person.

          Offenses, as a widespread social event, affect the most diverse areas of public life. They are distinguished by their high dynamics. Offenses are the result of human behavior, and human behavior in turn depends on both social and biological factors. Moreover, social factors should be given priority, as a person is formed and acts in a certain social environment and his actions depend not so much on the physiological characteristics and condition of the body but on different levels and relationships of society.

        An administrative offense, like a criminal offense, has a composition (not a crime, but misconduct), which includes: Subject, object, subjective side, objective side. The existence of these elements is necessary in order to obtain a complete composition of the law, which is very important when considering cases of administrative offense by the competent authorities.