An administrative offense - is illegal, guilty (deliberate or neostrozhnoe) act or omission of an individual or a wrongful act or omission of the legal entity for which the Code of the Republic of Kazakhstan on Administrative Offences provides for administrative liability (Article 25, part one).
It must be borne in mind that administrative liability only if the offense does not entail criminal liability under the Criminal Code of the Republic of Kazakhstan.
The difficulty in establishing evidence of an administrative offense is that the administrative and criminal offenses are border character.
Administrative responsibility can carry not only individuals but also legal.
It must be clearly aware of the signs of an administrative offense, consideration will allow to distinguish an administrative offense by a criminal or disciplinary offense.
The signs of an administrative offense are:
- Anti-social;
- Unlawfulness;
- Guilty;
- Punishable.
Under the sign of antisocial administrative offense meant committing such an act that causes harm to the rights and legitimate interests of citizens, society and state.
In the context of administrative law, examples of anti-social nature of the administrative offense are instances of disorderly conduct, breach of peace, drinking alcohol or appearing in public places in a state of intoxication.
Under the wrongfulness of an administrative offense meant an act which violates the law. This can be violated not only the administrative rules but also rules of any other related branches of law (labor, land, finance, etc.). To recognize the signs of illegality in administrative law, it is important that the rules of other related industries the right to protect measures of administrative responsibility.
As an example of such a feature in the context of an administrative offense, as wrongful, can be: CAO rules on offenses in the customs sphere (Chapter 29), although the relationship in this area are governed by rules of customs law; CAO rules on offenses in the field of environmental protection, use of natural resources (Chapter 21), the ratio in these areas are regulated by environmental law.
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