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Consideration of an administrative offense case. The procedure for consideration of an administrative offense case briefly as the rules are considered administrative cases.

Alimony
22.06.2020

Consideration of the case by administrative offense The concept of consideration of an administrative offense case is the main stage of production in the case, within the framework of which the case is carried out on the merits and according to the results of the consideration of the case, an appropriate decision is made. Questions that find out before the start of consideration include the competence of a certain court considering this case;
are there any circumstances that exclude the possibility of its consideration;
the protocol on the administrative offense is compiled correctly;
is there enough in the case of materials to consider it in essence;
are there any petitions and taps. Cases of non-examination The case cannot be considered by the subject of administrative jurisdiction, if it does not apply to its competence. In this case, the case is sent to the jurisdiction. It is also not considered in cases of related links between the participants of production or the presence of personal or other interest in the outcome of the case. These circumstances are the basis for the statement of judges, members of the collegial body or an official about the spelling, and other production participants are about their discharge. Stage of preparation for consideration Definition The definition is submitted when the time and place of consideration of the case is appointed. Based on the definition, the necessary participants in the proceedings (witnesses, victims, legal representatives of physical and legal entity and etc.). Based on the definition, additional materials on the case, the appointment of expertise, the deposition of consideration of the case is carried out. The definition form makes a decision on the return of the Administrative Offencing Protocol in the case of compiling it with unauthorized persons or improper compilation, as well as the transfer of subordination protocol, if the consideration of the case does not refer to the competence of the judge, the authority, the official to which he entered or was made Determination of their discharge. The term of consideration The case of an administrative offense, as a rule, should be considered within a 15-day period from the date of receipt of the judge, the authority, an official authorized to consider the case, the Protocol on the administrative offense and other necessary materials. In case of receipt of applications from participants in the proceedings (for example, the sedimentation of the case) or, if necessary, further clarifying the circumstances of the case, the specified period may be extended by these subjects of administrative jurisdiction, but not more than a month. The decision to extend the term of consideration of the case should be motivated. It is made in the form of definition. The procedure for consideration The consideration of the case begins with the announcement of who considers this case, which particular thing is to be considered, who are attracted to administrative responsibility. Then the identity of the participants in production is established, they explain their rights and obligations in relation to this process. The protocol on the administrative offense is also announced, the explanations of the testimony, the conclusions of the proceedings in the case, are heard, the evidence is investigated, the conclusion of the present prosecutor is heard (it was at this stage of production whether an administrative offense was committed, whether the person was committed to responsibility and was responsible There are circumstances mitigating or aggravating liability caused property damage). The results of consideration as a result of the consideration of the case shall be submitted or on the appointment of administrative punishment, or on the termination of the proceedings. The decision on the case of an administrative offense shall indicate: position, surname, first name, patronymic of the judge, an official, the name and composition of the collegial body that made this act; information about the person in respect of which the case is considered; circumstances established during its consideration; The measure of administrative penalties is determined in accordance with Article of the Code of the Russian Federation on administrative offenses or the law of the subject of the Federation, or the specific legal foundations of the termination of the proceedings are indicated. The decision on the case also resolves issues of material evidence, seized subjects, documents and values. The decision is announced immediately at the end of the consideration of the case. A copy of the ruling within three days is awarded or sent to a person in respect of which it was made. A copy of the ruling is awarded to receipt. If, during the consideration of the case, the causes and conditions contributing to the commission of administrative offenses, the judge, the authority, an official who made the decision on the case were made to the relevant organizations and agencies an idea of \u200b\u200bmaking measures to eliminate them. The last for a month is obliged to inform the judge to the authority, the official person who made the measures taken on it.
  • Introduction to the discipline "Administrative police"
  • Public Administration in the field of ensuring the legality, rights and freedoms of citizens, property protection, public order and fight against crime
    • State office in the field of ensuring the legality, rights and freedoms of citizens, protection of property, public order and control of crime: the concept, content and features
    • Safety of personality, public order and public safety: concepts and basic elements, relationship with other socio-legal categories
    • Contents of providing personal safety of citizens, public safety and public safety
    • Methodological basis Course "Administrative police". Relationship with other special disciplines
  • Administrative police activities
  • Police: concept and main activities
    • Purpose of Russian police
    • Legal basis of police
    • The main directions of the police
  • Police Organization
  • Duties and Police Rights
    • Police Responsibilities
    • Police rights
  • Administrative activities of the police: concept, content, principles
    • Police administrative activities: features and features
    • Principles of administrative oWD activities
  • Forms and methods of administrative activities of the police
    • Forms of administrative activities of the police: concept, species and characteristics
    • Police administrative activities
    • Administrative warning measures and administrative suppressionused by police officers. Administrative warning methods
    • Administrative and proceeding measures and administrative responsibility measures used by police officers
  • Police administrative supervision
    • Police administrative supervision: concept, principles, features
    • Implementation by the police of general administrative supervision for an uncertain circle of persons
    • The procedure for making the police administrative supervision by persons released from imprisonment
    • The interaction of the police with the courts and bodies of the FSIN system to exercise the supervision of persons, conditionally exempted sentences, as well as persons concerned about the deprivation of freedom, which the court is given a delay of serving a sentence
  • The use of physical force by the police special Tools and firearms
    • The use of physical strength, special means and firearms: legal basisconditions and limits
    • Grounds for the use of physical force police officers
    • The basis of the application by police officers of special funds. Bans and restrictions related to the use of special means
    • The grounds for applying firearms and prohibitions associated with its use
  • Police use of individual measures state coercion
    • Detention as a separate measure of state coercion
    • Entry (penetration) in residential and other premises, on land and territory as a separate measure of state coercion
    • Cleaning (blocking) sections of the terrain, residential premises, buildings and other objects as a separate measure of state coercion
    • Formation and maintenance of data banks of citizens as a separate measure of state coercion
  • Administrative and jurisdictional activities of the ATS (police)
  • Consideration by police of citizens appeals
    • Content and features of the administrative and jurisdictional activities of the police
    • Appeals citizens in ATS
  • Excitement of police affairs about administrative offenses
    • Powers officials Police for the initiation of cases of administrative offenses
    • The foundations and procedure for the actions of police officers in the initiation of cases of administrative offenses
    • Procedural documents applied by police officers to initiate cases of administrative offenses
  • Implementation by the police measures to ensure the proceedings on administrative offenses
    • Measures to ensure the proceedings on administrative offenses: general characteristics and classification
    • Measures to ensure the participation of obliged persons in the proceedings on the case of an administrative offense used by the ATS
    • Measures aimed at preventing administrative offenses
    • UD-used measures aimed at obtaining evidence
  • Consideration by police cases of administrative offenses
    • Powers of police officers for the consideration of cases of administrative offenses
    • Stages of consideration of cases of administrative offenses
  • The execution of ATS (police) of decisions on administrative offenses
    • The legal basis for execution by the police decisions on the appointment of administrative penalties
    • Administrative and legal status of the police in executive work on administrative offenses
    • Organization of the execution of ATS administrative penalties
  • Providing legality in police administrative activities
    • Ways to ensure legality in police administrative activities
    • Control and supervision of the legality of the police
    • The main directions of strengthening the rule of law in the administrative activities of the police
  • Organization of administrative activities of the police on the protection of life, health, human rights and freedoms, the protection of public order and providing public security
  • Basics of law enforcement service
    • Tasks and basic functions of public order protection units
    • Organizational structure of police units engaged in public order
    • Forces and means providing public order protection
    • Protection of public order according to the plan for the integrated use of forces and means (single deployment)
  • Legal status and organization of activity of duty parts of the Department of Internal Affairs
    • The activities of the duty parts of the territorial bodies of the Ministry of Internal Affairs of Russia: Legal Fundamentals, Tasks and Principles
    • Organization of the work of the duty parts of the territorial bodies of the Ministry of Internal Affairs of Russia
    • The main functions of the duty part territorial body Ministry of Internal Affairs of Russia at the district level
  • Legal status and organization of the activities of the Patrol and Personal Services Departments
    • Patrol and Postal Police Service: legal status, tasks, functions, strength and means
    • Elements of the organization of PPSP
    • Duties and rights of the personal composition of PPSP
  • Legal position of precinct authorized police
    • Legal basis for the activities of the district authorized police
    • Features of the operational and official activities of the district authorized police
    • The main activities of the district authorized police
    • Interaction in the work of the district authorized police: directions, forms and groups of persons
  • Organization of the activities of precinct authorized police
    • Organizational basis for the activities of the district authorized police
    • The activity of the district authorized police on the fixed area
    • Report of the precinct authorized police on the results of work
  • Legal status and organization of activities of juvenile affairs
    • Legal regulation of juvenile units
    • System, tasks and functions of juvenile affairs
    • Responsibilities and rights of employees PDN
  • Legal status and organization of the activities of police units for the protection and conventionation of suspects and accused of committing crimes
    • Legal I. organizational basis Activities of ATS insulators for temporary content of suspected and accused
    • Activities for the protection and conventionation of suspects and accused of committing crimes
  • Licensed permits and control of the police for the turnover of weapons
    • Legal basis of the activities of the ATS on the implementation of licensed permits
    • Licensing of private security and rapid activities
    • Licensing of activities related to the turnover of weapons
    • Administrative and legal means of controlling the police for the turnover of service and civil arms
  • Police control for private detective and security activities
    • Tasks and competences of the police for monitoring private detective and security activities
    • The main responsibilities of police officers in the implementation of control in the field of private detective and security activities
  • Main activities State inspection Security road
    • Tasks, duties and rights of the State Inspectorate of Road Safety (Traffic Inspection) of the Ministry of Internal Affairs of Russia
    • Organizational structure of the State Road Safety Inspectorate
    • Registration and accounting of motor vehicles
    • New driver preparation system. Promotion of road rules
    • Interaction of traffic police with government agencies, non-governmental organizations in ensuring road safety
  • Traffic patrol service traffic police
    • Tasks, road patrol functions
    • DPS divisions: species, structure and functions
    • Control by employees of the traffic police traffic police of the Ministry of Internal Affairs of Russia compliance with road safety participants in the field of road safety: Methods and forms
  • Legal status and organization of activities of the divisions of private police protection
    • Legal position and organizational structure of divisions of private police protection
    • State Protection Service for Property and Objects of Citizens and Organizations, as well as other services related to ensuring property protection on a contractual basis by divisions of private police protection
  • Monitoring the police for compliance with passport and registration and migration rules
    • Police control over compliance foreign citizens and stateless persons established for them entry and departure, stay and transit passage through the territory of Russia
    • Police control over compliance with the order of stay and residence in the territory of the Russian Federation
  • Providing a public order and public security police at railway transport facilities
  • Providing a public order and public safety police at air and water transport facilities
    • ATS in air transport: tasks, functions, aviation security activities
    • Features of the organization of public order at the facilities of water transport
  • Legal regulation and organization of participation of citizens in the protection of public order and providing public security
    • Organizational and legal forms of participation of citizens in the protection of public order and providing public security
    • Features of the legal status of non-commercial associations of citizens involved in the protection of public order and providing public security
    • Legal status and organization of work of freelance police officers
    • Police interaction with community associations and citizens involved in providing public order and public security
  • Preventing administrative offenses, encroaching on citizens' rights, public health and public morality, as well as in the field of property protection
    • Administrative offenses encroaching citizens' rights, public health and public morality, as well as in the field of property protection: a brief description of
    • Police activities to curb administrative offenses encroaching on citizens' rights
    • Police activities for the prevention, identification and suppression of offenses encroaching on health, sanitary-epidemiological Welfare of the population and public morality
    • Police activities in obtaining information on a perfect offense in the field of property protection and with direct detection
  • Suppression of administrative offenses in the field of road
    • Legal basis for ensuring road safety. Administrative Responsibility in Road
    • Powers of the traffic police officers on the use of measures administrative coercion
    • The powers of the Departures of the Traffic Inspectorate on the execution of administrative legislation and official Regulations Their employees
  • Suppressing administrative offenses against the order of management, as well as encroaching public order and public safety
    • Administrative preventive measures used by the police to persons who committed administrative offenses against the order of management, as well as encroaching on public order and public safety
    • Police authority on the application of preventive measures of administrative offenses against the order of management, as well as encroaching on public order and public safety
  • Features of administrative police activities during mass events
    • The activities of police officers when receiving information on the conduct of public and mass events on the serviced territory
    • The activities of police officers to ensure together with representatives of bodies executive power Subjects Russian Federation, organs local governments and organizers of meetings, rallies, demonstrations, processions and other public security activities of citizens and public order
    • The activities of police officers to assist organizers of sports, spectacular and other mass events in ensuring the safety of citizens and public order in places of these events
    • The activities of police officers for the prevention, identification and suppression of offenses during the period of public and mass events
  • Features of the implementation of administrative activities of the police in the introduction of special regimes
    • Legal and administrative legal regimes: concept and signs
    • Classification of administrative legal modes
    • Police activities when entering special regimes

Stages of consideration of cases of administrative offenses

Consideration of an administrative offense and submission of the decision - Central in the production stage. The activities of the administrative jurisdiction authorities here are integrated, predetermined by the need to correctly establish the subject of the administrative and legal delicate, its jurisdiction, as well as the need for the consideration of the case on the merits and decision of the decision. The complexity of these actions to implement administrative jurisdiction is associated with the complexity and multiplicity of the tasks of production on cases of administrative offenses referred to in Art. 24.1 Administrative Code. At the consideration stage, both administrative and material and administrative and procedural norms are carried out mainly. And ultimately predetermined social efficiency The entire law enforcement process.

Procedural grounds for consideration of the case (Art. 28.7 of the Administrative Code of the Russian Federation) is compiled by an authorized officer and adequately decorated the Protocol on the offense or the decision of the prosecutor on the initiation of production in the case of an administrative offense.

The Protocol (the Decree of the Prosecutor) on the administrative offense is directed to the judge, to the authority, an authorized person to consider the case of an administrative offense, within three days from the date of drawing up the Protocol (decision) on the administrative offense.

The Protocol (Resolution of the Prosecutor) on an administrative offense, which leads the administrative arrest or administrative expulsion, is transferred to the judge immediately after its preparation (retention).

Preparation for the consideration of the case. The rules for preparing for the consideration of an administrative offense case are contained in Art. 29.1 Administrative Code. When preparing for consideration, the following questions are found:

  1. whether refers to the competence of the judge, the authority, the certificate of consideration of this case;
  2. are there any circumstances that exclude the possibility of considering this case by the judge, a member of the collegial body, a job officer;
  3. the protocol on the administrative offense and other protocols provided for by the Administrative Code of the Russian Federation are compiled correctly; other materials of the case are issued;
  4. are there any circumstances that exclude proceedings;
  5. whether the materials available in the case are enough to considerably substantially;
  6. are there any petitions and taps.

If the incoming case does not refer to the competence of this judge, a member of the collegial body, an official, then it is heading for affiliation or returns to that body, from where it came.

For circumstances, eliminating the possibility of consideration of the case of an offense include the following:

  1. the judge, a member of the collegial authority, the official are relatives of the person in respect of which the proceedings in the case of an administrative offense or the victim, legal Representative individual, defender or representative;
  2. the judge, a member of the collegial authority, an official personally, directly or indirectly interested in permission.

In the presence of the specified circumstances, the judge, a member of the collegial body, is obliged under Art. 29.3 Code of Administrative Offenses of the Russian Federation, declare a certainty, submitting an appropriate statement by the Chairman of the Court, the head of the collegial authority, a higher officary person.

In turn, the person in respect of which proceedings are underway, the victim, the legal representative of the physical or legal entity, the defender, the representative, the prosecutor is entitled to declare the reference of the judge, a member of the collegial body, the official.

The application for the discharge is considered by the judge, the authority, the official in the production of which is the case. According to the results of the consideration of the statement of a self-sharing or on the discharge of a judge, a member of the collegial body, an official considering the case of an administrative offense, it is made to determine the satisfaction of the application or to refuse to satisfy it.

When preparing for consideration of an administrative offense case, issues of which the following definitions may be made (Art. 29.4):

  1. on the appointment of time and place of consideration of the case;
  2. on the challenge of the participants of the production and other persons, about the recovery of the necessary additional materials on the case, on the appointment of expertise;
  3. on postponement of the case;
  4. on the return of the Protocol on the administrative offense and other materials to the authority, the official person who was presented with the violation of the requirements imposed on them (incorrect preparation of the Protocol and the design of materials, infidelity of the latter, etc.), without the elimination of which the case cannot be considered;
  5. on the direction of the Protocol and other materials of the case for consideration by jurisdiction, as well as in the event that the definition of the reference of the judge, the authority, an official.

In the presence of circumstances that exclude production in the case (Art. 24.5), a decree is made to terminate the proceedings in the case of an administrative offense.

In case the consideration of the case is postponed due to the non-appearance without good reasons These or other participants in production and their absence prevents comprehensive, complete, objective and timely clarification of the circumstances of the case and permission to be permitted in accordance with the law, judge, the authority, the official who consider the case will be determined by the drive specified persons.

By general rule (Art. 29.5) Code of Administrative Offenses is considered at the place of its commission. However, at the request of a person in respect of which proceedings are conducted, it can be considered at the place of residence of this person. Affairs on administrative offenses of minors, as well as the failure to comply with the agreement achieved as a result of the conciliation procedure, on the dismissal of workers in connection with the collective labor dispute or the announcement of the strike, involving minors in the use of alcoholic beverages or inflammatory substances, as well as drinking alcohol and alcohol-containing products or consumption narcotic or psychotropic substances in in public places Considered at the place of residence of the person in respect of which production is being conducted. The case of an offense, which enhanced deprivation of the right to control the vehicle, can be considered at the place of accounting of the vehicle.

Affairs of administrative offenses are discussed within a fifteen-day period from the date of receipt by the authority, the official of the Protocol on the offense and other materials of the case. In the event of applications from the participants in the proceedings, or if necessary, in an additional clarification of the circumstances of the case, the term can be extended by the authority, a job aspecting, but not more than a month, which is made a motivated definition.

The case of an administrative offense, for which the administrative arrest is envisaged, is considered on the day of receipt of the Protocol on the administrative offense and other materials of the case, and in relation to the person subjected to administrative detention - no later than 48 hours from the date of his detention.

Direct consideration of the case. This is a very important and meaningful stage of the law enforcement process on administrative offenses. Here, the administrative and procedural procedure for consideration of cases, due to the subject matter and purposefulness of the objectives of administrative offenses, is most fully manifested.

Although the direct subject of law enforcement in this production is a separate, concrete case, herein ultimately the regulatory and legal settlement of the respective public relations and the effectiveness of legal guarantees to ensure respect for rights and legitimate interests citizens.

The main goal of the consideration of the case is essentially: establishing the actual circumstances of the competence of an offense; an objective legal assessment of it; Application to the guilty legitimate, reasonable and fair administrative penalty.

The procedure for consideration of an administrative offense case is regulated by Art. 29.7-29.13 Administrative Code of the Russian Federation. The listener of the case begins with the ads who consider the case, what business is subject to consideration, who is on the basis of what law is involved in administrative responsibility. After that, the fact of the physical person or a legal representative of an individual, or a legal representative of a legal entity, in respect of which proceedings are being processed in the case of an administrative offense, as well as other persons participating in the consideration of the case. The powers of legitimate representatives of the physical or legal entity, the defender and the representative are checked. It turns out whether the participants of the proceedings are notified, the reasons for their non-appearance and decides on the consideration of the case in the absence of these persons or about the depositing of the case.

Production participants clarify their rights and obligations. Considered declared taps and petitions. The definition of the depositing of the case is made in the event of an admission of a statement about the self-degree or on the discharge of a judge, a member of the collegial body, an official who consider the case if their discovery prevents the consideration of the case on the merits; Declaring a specialist, an expert or translator if the removal prevents the consideration of the case on the merits; the need for a person's appearance participating in the consideration of the case; Calm additional materials in the case or appointment of expertise. The definition of a person's drive, whose participation is recognized as mandatory when considering the case. It can also be made to the definition of the transfer of concluding case in accordance with Art. 29.5, if such broken.

If there are no obstacles to considering the case of an offense, the protocol on the administrative offense is announced, and if necessary, other materials of the case.

Then, the explanations of the individual or legal representative, in respect of which proceedings are being processed, the testimony of other persons participating in the production, explanations of the expert and the conclusion of an expert, other evidence is investigated, and in the event of the participation of the prosecutor, its conclusion is heard. If necessary, other procedural actions can be carried out in accordance with the COAP standards of the Russian Federation.

When considering the case, the big volume is occupied by analytical work, the assessment of the act, the qualifications of the deed. Analyzing the situation, the judge, the authority, the official is determined by the character of the committed act, the degree of guilt of the person in respect of which production is maintained, they evaluate all evidence, carefully understand the creature. The objective truth in the case should be based on the materials presented, as well as on the data that was obtained during the hearing.

In the process of consideration of materials, it is important to establish whether an offense had a place and whether it is correctly qualified, is the person who is responsible if property damage is caused, is there any extenuating circumstances or aggravating circumstances, the causes and conditions contributing to the offense, and other factors affecting the issuing and fair decree.

When considering the case of an administrative offense, a protocol is drawn up by the collegiate authority. The protocol shall indicate: date and place of consideration of the case; The name and composition of the collegial body considering the case; Event of the administrative offense under consideration; Information about the appearance of persons participating in the consideration of the case on the notice of missing persons in installed manner; taps, petitions and results of their consideration; explanations, indications, explanations and conclusions of the relevant persons participating in the consideration of the case; Documents investigated when considering the case. The protocol signs the chairperson in the meeting of the collegial body and the secretary of this body.

Decision. According to the results of the consideration of the case of an offense, a resolution is adopted. It gives the final legal assessment of the behavior of the person involved in administrative responsibility, the type and measure of the impact are determined. Depending on the results of consideration, one of two options for the decision may be adopted:

  1. on the appointment of administrative punishment;
  2. on the termination of the proceedings.

The decision to terminate the proceedings is made in the case of: the presence of at least one of the circumstances excluding the proceedings (Article 24.5); Liberation of an attracted person from administrative responsibility and declaration of oral comment in accordance with Art. 2.9 of the Administrative Code; termination of production in the case and transfer of materials to the prosecutor to the authority preliminary investigation or in an inquiry authority in case of actions (inaction) contain signs of a crime.

Decision in the case represents an administrative act having mandatory power both for the offender and physical, officials and legal entities that should be executed. The ruling must be discussed properly. In accordance with the requirements of Art. 29.10 Code of the Russian Federation in it should contain the following information: position, surname, first name, patronymic of the judge, official; The name and composition of the collegial body, which made the decision; Date and place of consideration of the case: information about the person in respect of which the case is considered; circumstances established by considering the case; Article Codepartment of the Russian Federation or the law of the subject of the Russian Federation, providing for administrative responsibility for committing an offense, or the foundation of the termination of the proceedings; Motivated decision on the case; Term and procedure for appealing the resolution.

Other issues are allowed in the ruling. If, when deciding on the appointment of punishment for the administrative offense of the judge at the same time, the issue of compensation for property damage is solved, then in the case of the case, the amount of damage to be reimbursed, the deadlines and the procedure for its compensation are indicated. The resolution should be resolved issues of seized things and documents, as well as the things imposed by arrest or in relation to which confiscation or compensated seizure cannot be applied or cannot be applied. At the same time, things and documents not seized from turnover are to be returned legal owner, but in the absence of information about the owner - are transferred to the state of the state in the prescribed manner. Things seized from turnover are transferred to the relevant organizations or destroy. Documents that are real evidence are subject to leaving during the entire period of storage of this case and in accordance with the legislation of the Russian Federation are transferred to interested parties.

The decision is announced immediately at the end of the consideration of the case. A copy of the decision is awarded to a receipt of an individual or a legal representative of an individual or a legal representative of a legal entity in respect of which it was made, as well as the victim at his request or sent to these persons within three days from the date of the decision. A copy of the decision on the case towards a person who has firearms and ammunition (cartridges) is entrusted with the performance of official duties or transferred to temporary use by the Organization, and a copy of the decision to impose punishment is sent to the appropriate organization.

In addition to the decision on the results of the consideration of an administrative offense case, a definition may be made. It is submitted in cases of the transfer of the case to the judge, to the authority, the official authorized to appoint administrative punishments other type or size or apply action measures in accordance with the legislation of the Russian Federation; The transfer of cases for consideration by jurisdiction, unless it is clear that the consideration of the case does not apply to the competence of his judge, the authority, an official.

The definition shall indicate: the position, surname and initials of judges, an official, the name of the composition of the collegial body, which made the definition; date and place of consideration of the statement, petition, materials of the case; information about the person that filed a statement, a petition or with respect to which the case materials are considered; content of the application, petition; circumstances established by consideration of the application, petition, materials of the case; The decision taken on the results of the consideration of the application, petition, materials of the case.

The definition of the case made by a collegial body is made by a simple majority of the voice of the members of the collegial authority present at the meeting. Definition is signed by the judge chairing the meeting of the collegial body, or a job sufferment.

In addition to the treated acts (decrees, definitions), the judge, the authority, the official considering the case of an administrative offense, in establishing the reasons for the administrative offense and the conditions that contributed to the commission are made to the relevant organizations and the relevant officials view to eliminate these reasons and conditions. Organizations and officials in the address of which are awarded submission, are obliged to consider it within a month from the date of its receipt (Art. 29.13) and report on the measures taken by the judge, to the authority, the official, initiated the presentation.

Appointment of administrative punishment without making a protocol on an administrative offense. If an administrative punishment is appointed an administrative penalty in the form of a warning or an administrative fine, an administrative offense protocol is not compiled, and an official of the administrative offense at the place of administrative offense is issued at the place of administrative offense or imposed administrative penalty in the manner prescribed by Art. 32.3 Code of Administrative Offenses of the Russian Federation, levied in the manner prescribed by Art. 32.2 Administrative Code (Art. 28.6 of the Administrative Code of the Russian Federation).

Officials of the ATS have the right to appoint such punishments as a warning and a fine. At the same time, the chiefs of duty shifts of the duty parts of the linear departments (controls) of the police on transport, the heads of line branches (points) of the police have the right to appoint an administrative punishment in the form of a fine of up to 2000 rubles.

In the event of an administrative offense, provided for by Chapter 12 of the Administrative Code of the Russian Federation, the decision on the case of an administrative offense is made without a person in respect of which the case of an administrative offense was initiated, and is issued in the manner prescribed by Art. 29.10 Code of Administrative Code.

If a person in respect of whom the case on an administrative offense is initiated, challenges the event of an administrative offense and (or) administrative penalties appointed to him or refuses to pay an administrative fine at the place of administrative offense, a protocol on an administrative offense is drawn up.

Stage of administrative investigation. Administrative investigation is carried out in cases where, after the detection of an administrative offense, an examination is carried out or other procedural actions requiring significant time costs (Article 28.7 of the Administrative Code of the Russian Federation).

Administrative investigation is carried out after the detection of an administrative offense in the following areas: (1) antitrust laws; (2) patent legislation; (3) legislation on natural monopolies; (4) advertising legislation: (5) legislation on joint Stock Company; (6) Market valuable papers and investment funds; (7) legislation on elections and referendums; (8) legislation on countering legalization (laundering) of revenues obtained by criminal means and financing terrorism; (9) legislation on countering corruption: (10) legislation on countering the unlawful use of insider information and manipulating the market; (11) legislation on narcotic drugs, psychotropic substances and their precursors; (12) legislation on physical culture and sports in a part concerning preventing doping in sports and combat it; (13) migration legislation; (14) currency legislation of the Russian Federation and acts of currency regulatory bodies; (15) consumer protection; (16) the protection of citizens' health; (17) copyright and related rights; (18) trademarks, service marks and names of places of origin of goods; (19) areas of taxes and fees; (20) Sanitary and epidemiological well-being of the population; (21) Customs; (22) export control; (23) state regulation prices (tariffs) on goods (services); (24) regulation of tariffs of organizations of the municipal complex; (25) Security ambient; (26) production and turnover ethyl alcohol, alcoholic and alcohol-containing products; (27) fire safety, industrial safety, road traffic and transport; (28) insolvency (bankruptcy); (29) Placing orders for the supply of goods, work, the provision of services for state and municipal needs.

The decision to initiate an administrative offense and administrative investigation work is made by an official authorized in accordance with Art. 28.3 The Administrative Code of the Russian Federation to compile a protocol on an administrative offense, in the form of a definition, and the prosecutor - in the form of a resolution - immediately after identifying the fact of committing an administrative offense.

Administrative investigation is carried out at the place of commission or detection of an administrative offense. Administrative investigation into the case of an administrative offense, an initiated officer authorized to draw up protocols on administrative offenses, is carried out by the said official, and by decision of the authority, in the production of which is the case of an administrative offense, or his deputy - another official of this authority authorized Compile protocols on administrative offenses.

The term of administrative investigation cannot exceed one month from the moment of initiating an administrative offense. In exceptional cases, the specified period of a written request of an official, in the production of which is the case, can be extended:

  1. by the decision of the head of the authority, in the production of which is the case of an administrative offense, or his deputy - for a period of no more than one month;
  2. by the decision of the head of the higher customs authority or his deputy or decision of the head federal Body the executive authority authorized in the field of customs, in the production of which is the case of an administrative offense, or his deputy - for up to six months;
  3. by the decision of the head of the higher authority on violation of traffic rules or the rules of operation of the vehicle, which resulted causing light or middle severity Harm to the health of the victim - for up to six months.

At the end of the administrative investigation, a protocol on an administrative offense is drawn up or a decree on the termination of an administrative offense is made.

Place and deadlines for the consideration of an administrative offense case. The case of an administrative offense is considered at the place of its commitment (Art. 29.5 of the Administrative Code of the Russian Federation). According to the petition of a person in respect of which the proceedings in the case of an administrative offense are conducted, the case can be considered at the place of residence of the person.

The case of an administrative offense by which was conducted administrative investigationIt is considered at the location of the body that conducted an administrative investigation.

Cases on administrative offenses of minors, as well as on administrative offenses provided for by Art. 5.35, 6.10, 20.22 of the Administrative Code of the Russian Federation are considered at the place of residence of the person in respect of which proceedings in the case of an administrative offense.

The case of an administrative offense, entailing the deprivation of the right to manage the vehicle, can be considered at the place of registration of the vehicle.

The case of an administrative offense is considered within a fifteen-day period from the date of receipt by the judge, the authority, an official, eligible to consider the case, the Protocol on the administrative offense and other materials of the case.

In the case of the receipt of applications from the proceedings in the case of an administrative offense or, if necessary, in an additional clarification of the circumstances of the case, the term of consideration of the case can be extended by a judge, an authority, a job, considering the case, but not more than one month. On the extension of the specified term of the judge, the authority, the official who consider the case is made a motivated definition.

Affairs on administrative offenses envisaged by Art. 5.1-5.25, 5.45-5.52, 5.56 of the Administrative Code of the Russian Federation are discussed within five days from the date of obtaining the judge of the Protocol on the administrative offense and other materials of the case. The extension of the specified period is not allowed.

The case of an administrative offense, which leads the administrative arrest or administrative expulsion, is considered on the day of receipt of the Protocol on the administrative offense and other materials of the case, and in relation to the person subjected to administrative detention - no later than 48 hours from its date of detention.

The case of an administrative offense, for the commission of which the administrative punishment may be appointed in the form of administrative suspension of activities and the temporary prohibition of activities was applied, the judge should be considered no later than five days from the date of the actual termination of the activities of branches, representative offices, structural units legal entity, production sites, as well as operation of aggregates, objects, buildings or structures, implementation separate species activities (works), provision of services. The term of temporary prohibition of activities is counted on the period of administrative suspension of activities.

Consideration of the case is the most important stage of production in the case of an administrative offense, as its task is to check, the legal assessment of all the circumstances of the case and the adoption of the decision on it. At the preparatory stage, before proceeding to direct consideration of the case, the judge, the authority, the official find out the following questions:

Whether the consideration of this case relates to their competence;

Are there any circumstances that exclude the possibility of considering this case by the judge, a member of the collegial body, a job officer;

The protocol on the administrative offense and other materials of the case are compiled correctly;

Are there any circumstances that exclude proceedings;

Whether the materials available in the case are enough to considerably substantially;

Are there any petitions and taps.

The legislator attaches great importance to the objectivity and impartiality of the case of the case, therefore, if there are grounds that indicate the interest of the judge, a member of the collegial body, an official in the outcome of the case, these persons are not allowed to the process. As circumstances, excluding the possibility of considering this case, the judge, a member of the collegial body, a job officer, are the following grounds:

Related links of these subjects with a person in respect of which proceedings in the case of an administrative offense, a victim, a legal representative of a physical or legal entity, a defender or representative. Relatives include persons consisting in the blood of each other (direct or lateral relationship). In accordance with paragraph 4 and p 37 of Article 5 of the Criminal Procedure of the Russian Federation, close relatives are spouses, parents, children, adoptive parents, adopted, native brothers and sisters, grandfathers, grandmothers, grandchildren, relatives - all other persons consisting of related;

Personal interest in resolving the case.

In the presence of these circumstances, the judge, an official is obliged to declare a self-submit or a person attracted to justice, the victim, a legal representative of a physical or legal entity, a defender, representative, the prosecutor has the right to declare them. Applications for a self-sharing or a discharge are submitted to the Chairman of the relevant court, the head of the collegial body, a higher officer, who endure his satisfaction or refusal.

As a general rule, when preparing for consideration, some issues are allowed for which if necessary, the definition is submitted:

On the appointment of time and place of consideration of the case;

On the challenge of the necessary persons, about the extermination of additional materials on the case, on the appointment of expertise;

On postponement of the case;

On the return of the Protocol on the administrative offense and other materials for correction;

On the transfer of materials for consideration by jurisdiction;

On the drive of the persons listed in Article 27.15 COAP RUSSIAN Federation.

In the presence of the circumstances provided for in Article 24.5 of the COAMA of the Russian Federation, at the same stage there may be a decree on the termination of the proceedings in the case of an administrative offense.

The consideration of an administrative offense case is carried out at the place of its commitment, and in the case of a person's petition, in respect of which proceedings are conducted, it can be considered at the place of residence. The case, which was conducted by an administrative investigation, is considered at the location of the body that conducted this investigation. Affairs on administrative offenses of perpetrators of minors, as well as stipulated by Articles 5.33 (non-fulfillment by the employer or its representative of obligations under the agreement achieved as a result of the conciliation procedure, whose constituents are minors), 5.34 (dismissal of workers in connection with the collective labor dispute and announcement of the strike), 6.10 (involvement of a minor in the use of alcoholic beverages or infrared substances), 20.22 (the appearance in a state of intoxicating minors, as well as the separation of alcohol and alcohol and alcohol products, consumption of drugs and psychotropic substances in public places), are considered at the place of residence of the person in respect of which Proceedings are underway. The case of an administrative offense, entailing the deprivation of the right to manage the vehicle, can be considered at the place of registration of the vehicle.

Article 29.6 of the COAP of the Russian Federation establishes the timing of the case of an administrative offense. The term of consideration of the case is fifteen days from the date of receipt by the authority, an official, eligible to consider the case, the Protocol on Administrative Offenses and Other Materials. The case of an administrative offense is considered within a two-month period from the date of receipt of the judge, eligible to consider the case, the Protocol on Administrative Offenses and other materials of the case.

Part Two of this article provides for the extension of this period for one month. This can happen at the request of the participants in production or if necessary in the additional clarification of the circumstances of the case. A motivated definition is made about the extension of the term by a person who considers the case is made a motivated definition.

The case of an administrative offense, which is committed to administrative arrest or administrative expulsion, is considered on the day of obtaining materials of the case, and in relation to the person subjected to administrative detention - no later than 48 hours from the moment of its detention.

Affairs on administrative offenses provided for in Articles 5.1 - 5.25, 5.45 - 5.52 (violation of the legislation on elections) is discussed within five days from the date of obtaining the judge of the Protocol on the administrative offense and other materials of the case. The extension of the specified period is not allowed.

The case of an administrative offense, for the commission of which an administrative punishment may be appointed in the form of administrative suspension of activities and an interim prohibition of activities was applied, should be considered no later than seven days from the moment of actual termination of the enterprise (institution). The term of temporary prohibition of activities is counted on the period of administrative suspension of activities.

Affairs on administrative offenses provided for in Article 14.15.1 of this Code are considered within a ten-day period from the date of receipt of the Judge of the Protocol on Administrative Offenses and other Materials of the case. The extension of the specified period is not allowed.

The direct proceedings of the case on an administrative offense carries a special legal burden, since it is at this stage that a matter is allowed on the merits. The procedure for consideration of the case is the commissioning of certain procedural actions carried out in a logical sequence. First of all, it is announced who considers the case, which is subject to consideration, who on the basis of which law is attracted to administrative responsibility. Further establishes the fact of the appearance of all persons involved in the consideration of the case, the powers of legitimate representatives of the physical or legal entity, the defender and the representative are checked. It turns out whether participants in the case are notified, the reasons for the failure to appear the proceedings in the case and decides on the consideration of the case in the absence of these persons or about the depositing of the case. Participants in the consideration of the case explain their rights and obligations, the stated taps and petitions are considered.

Consideration of the case may be postponed, which the definition should be made, in the case of:

Receipts of the statement about the self-discharge or the discharge of persons considering the case;

Removal of a specialist, expert or translator;

The need for a person's appearance participating in the consideration of the case;

Calm additional materials in the case or appointment of expertise.

In addition, the definition can be made if necessary to carry out a person's actuator, whose participation is recognized as mandatory, or when transferring a case for consideration by jurisdiction in accordance with Article 29.5 of the COAP of the Russian Federation.

When continuing the consideration of the case, a protocol on administrative offense and other materials of the case are announced. Explanations of an individual or legal representative of a legal entity are heard in respect of which proceedings in the case, the testimony of others, explanations of the specialist and the conclusion of the expert, are investigated by other evidence, the prosecutor's conclusion is heard. These procedural actions are aimed at ensuring the principles of equality of all before the law, openness, adversarity and publicity of the proceedings.

When considering the case, the collegiate authority includes a protocol on the consideration of an administrative offense case. It reflects all the procedural acts that were committed during the direct proceedings. The protocol is an important source of information for judges and officials of higher authorities, so its form and content must comply with the requirements of the law. It indicates:

The name and composition of the collegial body considering the case;

Event of the administrative offense under consideration;

Information about the appearance of persons;

Taps, petitions and results of their consideration;

Explanations, indications, explanations and conclusions of the relevant persons participating in the consideration of the case;

Documents investigated when considering the case.

According to the results of the consideration of an administrative offense case, a resolution may be issued: 1) on the appointment of administrative punishment; 2) on the termination of the proceedings on the case of an administrative offense.

The decision on the appointment of administrative punishment is made in the event that the guilt of the person is proved if there are no circumstances that exclude administrative responsibility, and there are no grounds for its release. This document entails legal obligations for both the offender and for government agencies to his execution.

The decision to terminate the proceedings in the case is made in the presence of at least one of the circumstances that exclude the proceedings in the case provided for in Article 24.5 of the COAMA of the Russian Federation; declaration of oral comment in accordance with Article 2.9 of the Code of Code of the Russian Federation; Termination of the proceedings and transfer to its prosecutor, to the preliminary investigation body or to the inquiry authority in the event that there are signs of a crime in the actions.

The decree in the case of an administrative offense should indicate:

Position, surname, first name, patronymic of the judge, an official, the name and composition of the collegial body that made the decision;

Date and place of consideration of the case;

Information about the person in respect of which the case is considered;

Circumstances established by considering the case;

Article COAP Of the Russian Federation, which provides for administrative responsibility, or the basis for the termination of the proceedings;

Motivated decision on the case;

Term and procedure for appealing the decision;

The size of property damage, deadlines and the procedure for its compensation.

Resolutions should also be resolved issues of seized things and a document, as well as the things imposed by arrest. Wherein:

1) things and documents not seized from turnover are subject to return to the legal owner, and if it is not established to the state of the state in accordance with the legislation of the Russian Federation;

2) things seized from turnover are to be transferred to the appropriate organizations or destruction;

3) documents that are real evidence are subject to leaving in the case during the entire period of storage of this case or in accordance with the legislation of the Russian Federation are transferred to interested parties;

4) seized orders, medals, chest signs To the honorary titles of the Russian Federation, RSFSR, the USSR is refundable to their legal owner, and if it is not known, sent to the administration of the President of the Russian Federation.

According to the results of the consideration of an administrative offense case, a definition may be made:

On the transfer of the case, the judge, to the authority, an official authorized to prescribe administrative punishments of a different type or size or apply other measures of impact;

On the transfer of case for consideration by jurisdiction, unless it is clear that the consideration of the case does not apply to the competence of his judge, the authority, an official.

The definition is a kind of solution that is not allowed to essentially. As well as the ruling, it is aimed at promoting the implementation of the problems of production on a specific case, but is not a final document. As we see, each of the definitions is made on the basis of the application of the norms of material and procedural law At any production stage and on a variety of issues.

The definition of an administrative offense case shall indicate:

Position, surname, first name, patronymic of the judge, an official, the name and composition of the collegial body that made the definition;

Date and place of consideration of the statement, petition, materials of the case;

Information about the person that filed a statement, a petition or with respect to which the case materials are considered;

Circumstances established by consideration of the application, petition, materials of the case;

The decision taken on the results of consideration of these documents.

When establishing the reasons for the administrative offense and the conditions that contributed to the commission, persons considering the case are obliged to make an idea of \u200b\u200bthe adoption of measures to eliminate these reasons and conditions. Performance have the power of a private definition that is submitted by the courts general jurisdiction and arbitration courts. Conclusions contained in this document, Must be based on the case file and confirmed by evidence. These organizations should take adequate measures to eliminate deficiencies within a month and inform the initiator of this document.

With direct consideration of an administrative offense case, special attention deserves the issue of timing of the case of an administrative offense. In the resolution of Plenum Supreme Court RF dated March 24, 2005

No. 5 pays great attention to the procedural period of consideration of cases of administrative

offenses.

According to Art. 29.5. However, it remains incomprehensible to be understood under other cases of the case.

Most likely, it follows under the materials of the case, actually, the case formed by the primary jurisdiction authorities according to the enjoyment attached to him, the time of his provision to court and will be the moment of the beginning of the calculation of the timing of the case.

Part Two of this article provides for the extension of this period for one month. This can happen at the request of the participants in production or if necessary in the additional clarification of the circumstances of the case. A motivated definition is made about the extension of the term by a person who considers the case is made a motivated definition.

I draw your attention to the fact that federal law No. 69 of April 30, 2010, amendments were made to this norm, Article 29.6 of the COAP was supplemented with part 1.1, the creature of which is that cases of administrative offenses are considered by the judge within a two-month period from the moment of administrative materials entering the court. Of these general rules The legislator provides an exception.

Affairs of administrative offenses, the commission of which entails administrative arrest is considered on the day of obtaining materials of the case, and in relation to the person subjected to administrative detention - no later than 48 hours from the moment of his detention.

Direct consideration of an administrative offense case carries a special legal burden, since it is at this stage that it is based on the merits. The procedure for consideration of the case is the commission of certain procedural actions carried out in a logical sequence, it is established by Art. 29.7 of the Administrative Code.

First of all, the jurisdictional authority announces

1. Who considers the case

2. What business is subject to consideration,

3. Who and on the basis of what law is involved in administrative responsibility;

4. It establishes the fact of the appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity in respect of which proceedings in the case of an administrative offense, as well as other persons participating in the consideration of the case;

5. Checks the powers of legal representatives of physical or

legal entity, defender and representative (special attention deserves a question regarding the verification of powers of legal

representatives of legal entities. In accordance with Art. 25.4 Administrative Code of the Russian Federation, a legal representative of a legal entity can only be his head or other person recognized in accordance with the law or constituent documents of the body of a legal entity);

Finds out whether the participants in the case are notified in the prescribed manner,

7. Foreigns the reasons for the non-appearance of the proceedings in the case and decides on the consideration of the case in the absence of these persons or on postponing the consideration of the case;

8. explains to persons participating in the consideration of the case, their rights and obligations;

9. Considers the stated taps and petitions;

10. Recommends the definition of postponement of the case in cases:

1) the receipt of the statement of a self-sharing or on the discharge of the judge, a member of the collegial body, an official considering the case if their discharge prevents the consideration of the case on the merits;

2) removal of a specialist, an expert or translator if the specified dive prevents the consideration of the case on the merits;

3) the need for the appearance of a person participating in the consideration of the case, the claims of additional materials on the case or appointment of expertise;

11. Refreshes the definition of a person's drive, whose participation is recognized as mandatory when considering the case in accordance with Part 3 of Art. 29.4 Administrative Code;

12. Refits the definition of the transfer of cases for consideration by jurisdiction in accordance with Art. 29.5 of the Administrative Code.

13. With the continuation of the consideration of the case of an administrative offense, the Protocol on the administrative offense is announced, and if necessary, other materials of the case.

14. Explanations of an individual or legal representative of a legal entity are heard in respect of which proceedings in the case of an administrative offense, the testimony of other persons participating in the work, explanations of the specialist and the conclusion of the expert,

15. Other evidence is being investigated

16. In the event of the participation of the prosecutor, its conclusion is heard in the case.

The Code of the Russian Federation does not contain specific instructions on which the sequence should be heard by the explanations of the parties, how the evidence should be studied, what the procedure for consideration of the petitions should be investigated. This indicates that the judge in the process of consideration of the case must independently determine its course, based on their circumstances of the case, the appearance of the parties and other participants in the process, etc.

The process of researching evidence in the case of an administrative offense should be based primarily on a thorough study of all elements of the composition of the offense.

An important problem when considering the case materials and the definition of the type and size of punishment is stabled with law The obligation of the eligible official to find out the property situation involved in the administrative responsibility of the person. As V. Denisenko, V. Denisenko, "," This is especially true of such sanctions as an administrative penalty, deprivation of special rights "

After the end of the consideration of all materials of the case and the hearing of all participants in the proceedings, the jurisdictional authority is entitled to make one of the rulings in accordance with Art. 29.9 of the Administrative Code.

In fact, this rate contains the rules for making a decision on the case - the legal result of its consideration. The ruling in the case is one of the types of individual legal acts. In accordance with Art. 31.2 The Administrative Code of the Russian Federation, the decision that has entered into legal force is mandatory for all authorities state power And other authorized persons on it.

The law establishes two types of decisions in the case:

1) on the appointment of administrative punishment;

2) On the termination of the proceedings.

The decision on the appointment of administrative punishment is made in the event that the guilt of the person is proved if there are no circumstances that exclude administrative responsibility, and there are no grounds for its release. This document entails legal obligations, both for the offender and state bodies to its execution.

The decision to terminate the proceedings is made:

1) If there are at least one of the circumstances, excluding the proceedings provided for by Art. 24.5 COAP;

2) when declaring oral comment in accordance with Art. 2.9 COAP;

3) with the termination of the proceedings and transferred to its prosecutor, in the preliminary investigation body or in the body of the inquiry, if there are signs of a crime in the actions of the person.

Resolutions should also be resolved issues of seized things and a document, as well as the things imposed by arrest.

According to the results of the consideration of the administrative case

the offense may be a definition:

On the transfer of the case, the judge, to the authority, an official authorized to prescribe administrative punishments of a different type or size or apply other measures of impact;

On the transfer of cases for consideration by jurisdiction, unless it is clear that the consideration of the case does not apply to the competence of the judges considering it, the authority.

These definitions are a kind of decisions that are not allowed to essentially. As well as the ruling, it is aimed at promoting the implementation of production problems in a particular case, but it, in contrast to the ruling, is not a final document.

When considering the case, the collegiate authority includes a protocol on the consideration of an administrative offense case. It reflects all the procedural acts that were committed during the direct proceedings. The protocol is an important source of information for judges and officials of higher authorities, so its form and content must comply with the requirements of the law.

When establishing the reasons for the administrative offense and the conditions that contributed to the commission, persons considering the case are obliged to make an idea of \u200b\u200bthe adoption of measures to eliminate these reasons and conditions. The presentation has the power of a private definition, which is submitted by the courts of general jurisdiction and arbitration courts. The findings contained in this document should be based on the case file and confirmed by evidence. The organizations in which are sent to submissions should take adequate measures to eliminate deficiencies within a month and to inform the initiator of this document.