CONCERNING THE DETERMINATION OF THE CONTENT AND ESSENCE OF THE CONCEPT OF “ADMINISTRATIVE RESPONSIBILITY”

Abstract

The purpose of the scientific article is to establish the essence and content of administrative responsibility as a legal category. The author justified the conclusion that the validity of administrative responsibility consists in establishing, in accordance with regulatory procedures and procedures, the grounds for applying restrictions of a property, moral and personal nature to the person of the offender, which is a reflection of the state’s reaction to the manifestations of illegal activity of the subject of public relations. The content of administrative responsibility is defined as the circle of social relations, where the social reality is reflected, which proves the presence of signs of illegality and harmfulness in a person’s actions, which requires the response of the authorities. It was established that the category “administrative responsibility” should be understood as a normatively defined procedure of the state’s response to manifestations of an illegal harmful act (administrative offense), the initiation of which is connected with the moment of its commission, in order to achieve the goals of forming an appropriate level of legal awareness, activity, general and special prevention It has been established that administrative responsibility is characterized by the breadth of its application as a regulator of social legal relations that arise in the sphere of interaction between a person and the state, a public administration body, and society. It is justified that the application of measures of administrative responsibility leads to the creation of negative consequences for the person who violated the right; at the same time, their application depends on the effectiveness of the activity and functioning of the state’s penal apparatus. It was determined that the application of measures and means of administrative responsibility is determined by its existing public-legal character, which is functionally directed to the formation of a positive level of legal consciousness of the person, to ensure the state of the rule of respect as the principles of social coexistence and being.