Signs and Essence of Administrative Offenses: Issues of Theory and Legal Regulation

Introduction: the article examines the methodological basis for the development of the modern concept of administrative offenses, compares the perspectives of various administrative scientists on the nature and essence of offenses, and argues for the introduction of the sign of antisociality with the disclosure of its content in relation to its socio-negative consequences. Additionally, it offers methodological approaches to the formation of the content and structure of modern administrative-tort legislation of the Russian Federation. Materials and Methods: the author analyzed administrative-legal statistics from law enforcement agencies, scientific literature on the methodology of administrative-tort law, and employed historical analysis, comparison, generalization, complex analysis, and a systematic approach. Results: at the current stage of development of the legal system of the Russian Federation, administrative-tort law and the Code on Administrative Offences of the Russian Federation, developed on its basis, are largely recognized as imperfect in content and irrational in structure. In light of these considerations, there has been a pressing need for a paradigm shift in administrative-tort law. This shift should be based on modern methodological approaches to the nature and essence of administrative offenses. Furthermore, a scientifically argued definition of this category is required. Finally, a new draft codified normative act in the field of administrative torts should be developed according to scientifically substantiated criteria. Discussion and Conclusions: the author concludes that the definition of administrative offense enshrined in the Code of the Russian Federation on Administrative Offenses lacks the defining feature that characterizes its socio-negative consequences. This results in the current codified act being overloaded with unrealizable norms. In many instances, the objectives of administrative sanctions are not met, which has the effect of undermining the formation of law-abiding conduct among citizens. In the process of developing the draft of the new Code of the Russian Federation on administrative offenses, the definition of administrative offenses does not include the primary feature that characterizes its socio-negative consequences.