A.  Bezhentsev

Prevalence of a sign of harmfulness or public danger in an administrative offense: ontological and epistemological approaches

Authors

A. Bezhentsev

Keywords:

мaliciousness, degree of harm, public danger, ontology of an administrative offense, epistemology of an administrative offense, compo-sition of an administrative offense, delimitation of administrative offenses and crimes, administrative responsibility, the law of dialectics.

Abstract

The discussion questions of the awareness of the modern nature of the administrative offense are closely intertwined with the recognition of the presence of harmfulness and public danger among its signs. In the article, the author singles out three models for correlating these categories as ma-terial signs of an administrative offense: the first of which is that the con-cept of «public danger» is also common for administrative offenses and crimes; the second is characterized by the fact that the concept of «harm-fulness» is common for administrative offenses and crimes; the third proceeds from the fact that for administrative offenses the main charac-teristic feature is «harmfulness», and for crimes – «public danger». From the perspective of philosophy, the researcher analyzed the correlation in administrative offenses of the signs of the ontological nature of «harm-fulness» and the epistemological nature – «public danger».

Prevalence of a sign of harmfulness or public danger in an administrative offense: ontological and epistemological approaches