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Common Features of Administrative Offences and Crimes
Abstract.The subject of the research is the common features attributable to administrative offences and crimes. The author of the article focuses on such features as the social danger (social harm), illegality, guilt, punishability, procedural order and government action. Markova analyzes the positions of academics that studied the issues of correspondence of unlawful acts. The author criticizes the opinions of authors that believe administrative offence not to have the feature of social danger. Markova provides arguments why she believes that most of administrative offences has that feature just like criminal offences. The methodological basis of the research includes general research methods such as analysis, synthesis, induction and deduction. The main research method is the comparative law method that allowed to compare and define common features of administrative and criminal offences. As a result of the research, the author concludes that administrative offences and crimes that interfere with the social relations and disturb established legal order have common features. The primary task of a legislator is to define the place of an unlawful act within the system of the national law that is dictated by objective reasons but not only the will of a legislator. These objective reasons include the social standard of living, legal consciousness and legal culture, customs and traditions of a nation, economic situation in the country, foreign poilcy, etc.
Keywords: social danger, criminal law, legislation on administrative offences, similarities, crime, offence, wrongfulness, guilt, punishability, procedural procedure
Article was received:23-07-2018
This article written in Russian. You can find full text of article in Russian here .