1-тақырып. Жалпы ережелер
Under the sign of guilt administrative offense meant
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Даристер жинагы (1)
- Бұл бет үшін навигация:
- Under blameworthiness featured an administrative offense meant
- Administrative penalty
| Under the sign of guilt administrative offense meant prohibited by law administrative act, really guilty of committing that particular subject is proved in accordance with the law.
The act then committed guilty when a person commits it consciously. As pointed H.YU. Ibragimov, for the recognition of an act an offense must be set (prove) that it was the manifestation of will and mind, that is a product of mental activity sane person *. Thus, an act that falls under the signs of an administrative offense, insane person (a person suffering from mental illness) is not a sign of guilt. Administrative offenses by negligence does not preclude the onset of punishment, as signs of faith and reason, and in this case, are also present. Under blameworthiness featured an administrative offense meant incurred for the act in administrative law (CAO) administrative penalties. Speaking about such signs of an administrative offense is punishable by administrative punishment law does not apply. In any case, according to the provisions of Article 40 of the Administrative Code, as administrative measures for offenses not applicable penalty (it takes place in criminal law) and administrative penalties. Administrative penalty - a measure of responsibility for committing an administrative offense. Article 41 of the CAO provides the following administrative penalties: ___________________ * См.: Ибрагимов Х.Ю. Административное право Республики Казахстан (Общая часть): Учебное пособие. – Алматы: Данекер. – 2000. – С. 155. 1) warning; 2) an administrative fine; 3) confiscation of the object which appeared instrument or subject of an administrative offense, as well as property obtained as a result of an administrative offense; 4) deprivation of special rights; 5) withdrawal of authorization or suspension of the operation, as well as exclusion from the registry; 6) suspension or prohibition of activities; 7) forced the demolition of illegally erected or constructed buildings; 8) administrative arrest; 9) administrative deportation from the Republic of Kazakhstan of an alien or a stateless person. These penalties are grouped into basic and additional. The main include: prevention; an administrative fine; administrative arrest. Additional administrative punishment include: seizures; forced demolition of illegally erected or constructed buildings. The rest of the measures are of a dual nature, that is, they can be used both as the main and additional administrative sanctions. жүктеу/скачать 2,07 Mb. Достарыңызбен бөлісу:
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