A.  Bezhentsev

Ontological and epistemological approaches to the essence of an administrative offense

Authors

A. Bezhentsev

Keywords:

ontology of an administrative offense, epistemology of an administrative offense, legal fact, composition of an administrative offense, qualification of an administrative offense, protocol on an administrative offense, administrative responsibility

Abstract

Today, the knowledge of the administrative offense phenomenon through the prism of the interaction of the legal environments of various branches of law and philosophy is acquiring an important role in understanding the essence of an administrative offense. The study of administrative tort, as a variety of legal facts, is based on the analysis of the concept of “legal fact” in administrative-tort relations. The author concludes that a legal fact can be viewed from the perspective of an ontological and epistemological view. As a phenomenon of the ontological order, a legal fact cannot be regarded as an administrative offense, since it is deprived of the subjective components that are a necessary component of the system analysis (qualification) of the objective event of the material world. As a phenomenon of the epistemological order, a legal fact (in our case, this is an administrative offense), there are such events, phenomena, processes, sides of the objective world that have entered the sphere of cognitive activity of a person, which have become the object of his scientific interest, recorded by observation, experiment, and exclusively in this case, it acts as the basis for bringing a person to administrative responsibility.

Ontological and epistemological approaches to the essence of an administrative offense