2. Concept, attributes and composition of administrative misconduct.

Administrative offence (misconduct) is illegal, guilty (intentional or careless) action or inactivity, which encroaches on a state or public order, property, rights and freedoms of citizens, on the order of management and administrative responsibility is foreseen by the legislation for misconducts.

Offence has such attributes:

• this is harmful act, it is damnification to public interests, which are guarded by law;

• this is illegitimate act (action or inactivity), which conflicts with the rule of law;

• this is guilty act, which foresees guilt of person, who have done offence;

• this is a legally punishable act, which foresees legal responsibility for concrete violation of legal rule;

• causal connection between offence and consequences. It is impossible to accuse the person in concrete offence, if there is no such connection.

Administrative offence has composition of offence, which includes such elements:

• object of offence;

• objective side of offence;

• subject of offence;

• subjective side of offence.

Objects of administrative offence are public relations, social values in the field of administrative-organizational activity and order of management, which are guarded by the legal rules. Offence encroaches on such relations and social values, health, honour and dignity.

According to the Code of Ukraine of administrative offences there are such types of offences: against a person, rights and freedoms of citizens, violation against property, violation on a transport, in industry and agriculture, in industry of trade and finances, violation in industry of guard of natural environment ets.

Objective side of administrative offence is exteriority of administrative offence. It consists of illegitimate acts (action or inactivity), dangerous effects for society and causal connection between actions and consequences. A place, time, method, instruments, circumstances of offence are the elements of objective side of offence.

Action is active behavior of person, who realizes the acts and musr control these acts.

Inactivity is passive behavior of person, when person doesn’t execute of those actions, which she or he must and could execute.

Subject of administrative offence is natural (from 16 years) or legal person, who has full legal capability, such person is the subject of legal responsibility.

Subjective side of administrative offence is internal psychical attitude of subject to the illegitimate act and consequences. The subjective side of administrative offence is characterized by misdemeanour, aim and reasons of offence.

Misdemeanour (guilt) is psychical attitude of person to the publicly dangerous action, which she or he committed, and publicly dangerous effects.

Misdemeanour can be in two forms: intention (direct, indirect) or carelessness (self-confidence, negligence).

Aim is the idea of person about desirable result, to which she or he aspires, when she or he does offence.

Motive (reason) is the reason of offence.