LawCausing Harm

Delicacy is the ability to be accountable for one's actions. Administrative delictuality

Delicacy is the ability of a person to be accountable for his actions. There is an opinion that delictuality is one of the forms of manifestation of the subject's legal capacity. The onset of the period of responsibility for actions and actions is directly related to the age of the subject. According to the legislation of the Russian Federation, a subject who has reached the age of 16 is considered as deceptive.

Administrative capacity and legal capacity

Administrative delictuality is the responsibility of a person for their actions and the ability to exercise administrative rights and perform duties. The legal capacity of the subject in administrative law is established according to the types of offenses. In this case, according to the legislation, capacity depends on the citizen's age and his sanity. But in any case, civil delinquency can not be more than the established volume of legal capacity.

Right to defense

The right to appeal to the bodies of local self-government and state power, with the exception of the court, can be exercised by citizens regardless of age. In fact, such civil delinquency is the ability to formulate your appeal and bring it to the officials. Nevertheless, this criterion does not have legal significance because of its uncertainty.

For persons recognized as legally incompetent by a court decision, the right to file applications, complaints and proposals in administrative procedure is retained. The bodies of local self-government and state authorities are obliged to consider these appeals in accordance with the generally established procedure and take appropriate decisions on them. When a citizen reaches the age of majority, he gets the right to apply to the court himself; On cases that arise as a result of family, labor, civil and public legal relations - after reaching the age of 14 years. Including if the rights and legitimate interests of the child are violated, including an unfulfilled or improperly performed parental debt for upbringing or education, as well as in case of abuse of parental rights, the child has the right to apply to the court independently from the age of 14.

Administrative law

Administrative delictuality is the ability to bear responsibility for administrative actions. As a rule, it arises along with the legal capacity of a citizen. This situation is due to a personal element, which is largely present in relations governed by administrative law. In some cases, representation in administrative legal relations is prohibited, for example, in the case of fulfilling the duties of the civil service. A delinquency should not be confused with a citizen's legal capacity, since in this case it is not a matter of defaulting or refraining from violating a ban, but of the negative consequences that have arisen as a result of an earlier unlawful act.

Eligibility Criteria

Liability is the responsibility of a person who has reached the age of an adult offense and is recognized as a sane court decision. Administrative responsibility comes from 16 years. The delinquency of citizens under the RF code has clear criteria - age and sanity. An individual is not subject to administrative punishment if, at the time of the commission of the unlawful actions, he was in a dyslexic state, that is, he did not realize the illegality of his actions. Persons who suffer from a chronic mental disorder, a temporary mental disorder, dementia, or any other morbid condition can not be punished.

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