On the Purpose, Content and Criteria of Administrative Delicitation

Abstract

The article is devoted to the description of administrative tort. In essence, it consists in determining the act as tort, i.e., in the legal plan, prohibited and punishable. In the state-normative understanding, administrative tort is a method of implementing the administrative-tort policy of the state, consisting in the legal definition (fixing) of an act (action, inaction) as an administrative offense and the establishment of punishment under the threat of its commission. On the content side, administrative tort is a sequential process of determining the existence of system-forming objective criteria as an administrative offense as an administrative offense, which ends when they are actually established by the adoption by the legislative body of a justified decision on the corresponding administrative-tort ban. The resumed work on the preparation of a new edition of the Code of the Russian Federation on Administrative Offenses involves the refinement of conceptual approaches to the formation of administrative-tort rules. In this regard, the development of the main provisions of administrative tort delinquency seems relevant and significant for determining the main directions of further improvement of the legislation on administrative offenses.