Tadzhibov, V.R. Procedural and material grounds for the administrative responsibility in the activities of the Russian police.

Abstract: The article concerns grounds for the administrative responsibility. The author discusses the specific features of administrative offences, its elements, and makes a conclusion, that definition of an administrative offence according to the Administrative Offences Code of the Russian Federation should be amended to include public danger. It is noted in the article that the natural element of any administrative offence is its public danger. Administrative offences in the sphere of public events are not homogenous by their nature. The methodological basis for the article was formed with the modern achievements of the cognition theory. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). This matter has to do with the fact that an administrative offence is behavior, which is prohibited by the norms of administrative law, that is, it contradicts the prescriptions of administrative law. If public danger is an objectively present quality of certain acts, the legislator provides for their unlawfulness in the norms prohibiting such acts. Public danger of an act does not necessarily mean that it is always unlawful, since sometimes the legislators fail to react to the presence of acts dangerous for the public by establishing its prohibition in the timely fashion.

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