"Code of the Russian Federation on Administrative Offenses" of 30.12.2001 N 195-FZ (ed. Dated December 27, 2019) (with amended and add., Entry into force on 01.02.2020)

Administrative Code Article 19.5. Failure for a legitimate prescription (decree, submission, decisions) of the body (official) exercising state supervision (control), an organization authorized in accordance with federal laws to implement state Supervision (official), organ (official) exercising municipal control

1. Failure to fulfill B. set time legal regulation (decree, submission, decisions) of the body (official) exercising state supervision (control), municipal control, to eliminate violations of legislation -

(see text in the previous edition)

2. Failure to fulfill the deadline for the legal regulation, the decision of the body authorized in the field of export control, its territorial body -

(see text in the previous edition)

2.1. Failure to comply with the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the competition of agreements and (or) agreed actions and actions aimed at ensuring competition, or issued to control the use of state or municipal preference of a legitimate decision, prescription Federal Antimonopoly Authority, its territorial authority on the commission of stipulated by antitrust laws Russian Federation actions -

(see text in the previous edition)

entails the imposition of an administrative fine on officials in the amount of from eighteen thousand to twenty thousand rubles or disqualification for up to three years; On legal entities - from three hundred thousand to five hundred thousand rubles.

(see text in the previous edition)

entails the imposition of an administrative fine on officials in the amount of sixteen thousand to twenty thousand rubles or disqualification for up to three years; On legal entities - from three hundred thousand to five hundred thousand rubles.

(see text in the previous edition)

2.3. Failure to fulfill the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the violation of the rules of non-discriminatory access to goods (works, services) or issued in the implementation of state control over the economic concentration of legitimate decision, the prescription of the federal antimonopoly authority, its territorial authority provided for by the antimonopoly legislation of the Russian Federation actions aimed at ensuring competition -

entails the imposition of an administrative fine on officials in the amount of from twelve thousand to twenty thousand rubles or disqualification for up to three years; On legal entities - from three hundred thousand to five hundred thousand rubles.

(see text in the previous edition)

entails the imposition of an administrative penalty on officials in the amount of from twelve thousand to twenty thousand rubles; On legal entities - from three hundred thousand to five hundred thousand rubles.

(see text in the previous edition)

2.5. Failure to comply with the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate unfair competition -

entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; On legal entities - from one hundred thousand to three hundred thousand rubles.

(see text in the previous edition)

2.6. Failure to comply with the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the violation of the antimonopoly legislation of the Russian Federation, the legislation of the Russian Federation on natural monopolies, the legal decision, the prescription of the Federal Antimonopoly Body, its territorial body to terminate or preventing the competition limiting actions or legal decisions, prescriptions of the federal antimonopoly authority, its territorial authority stipulated by law The Russian Federation of Action, except in cases provided for by Part 2.1 - 2.5 this article, -

entails the imposition of an administrative fine on officials in the amount of from eight thousand to twelve thousand rubles or disqualification for up to three years; On legal entities - from one hundred thousand to five hundred thousand rubles.

(see text in the previous edition)

2.7. Failure to comply with the prescription of the federal antimonopoly authority, its territorial body on the cancellation or changing the inflicting legislation on the foundations state regulation trade activities in the Russian Federation Act and (or) on the termination of actions (inaction) of the executive authority of the constituent entity of the Russian Federation, the authority local governmentsotherwise performing the functions of these authorities or organizations that lead or may lead to the establishment of trade activities in the commodity market that violate the requirements established by legislation on the basics of state regulation of trading activities in the Russian Federation -

entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles or disqualification for a period of one year to three years.

3. Failure to fulfill the deadline for legal instructions, solving the regulatory body natural monopolies, its territorial authority -

(see text in the previous edition)

entails the imposition of an administrative fine on officials in the amount of from five thousand to ten thousand rubles or disqualification for up to three years; On legal entities - from two hundred thousand to five hundred thousand rubles.

(see text in the previous edition)

4. Failure to fulfill the deadline for the legal instructions of the body implementing the regional state control (Supervision) in the field of equity construction apartment houses and (or) other real estate objects -

(see text in the previous edition)

entails the imposition of an administrative penalty on officials in the amount of from ten thousand to fifteen thousand rubles; On legal entities - from one hundred thousand to two hundred thousand rubles.

(see text in the previous edition)

5. Failure to comply with the deadline for legal regulation, the decision of the state control (supervision) in the field of price regulated by the state (tariffs), -

(see text in the previous edition)

entails the imposition of an administrative penalty on officials in the amount of fifty thousand rubles or disqualification for up to three years; On legal entities - from one hundred thousand to a hundred and fifty thousand rubles.

(see text in the previous edition)

6. Failure to fulfill the deadline for the legal regulation of the federal authority of the executive authority, the organization, the executive authorities of the constituent entities of the Russian Federation -

(see text in the previous edition)

entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles; on officials - from five thousand to ten thousand rubles; on persons carrying out business activities Without the formation of a legal entity, - from five thousand to ten thousand rubles or the administrative suspension of their activities for a period before the ninety day; On legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of their activities for a period before the ninety day.

(see text in the previous edition)

7. Failure to comply with the official officer of the Customer, an official of the authorized body, an official of the authorized institution, a member of the commission for procurement, operator electronic platform, specialized organization within the prescribed period of lawful prescription, the requirements of the body authorized to control the procurement control, with the exception of the bodies specified in parts 7.1 and 7.2 of this article -

(see text in the previous edition)

entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles; On legal entities - five hundred thousand rubles.

(see text in the previous edition)

7.1. Failure to comply with the deadline for the legitimate prescription or the requirement of the federal executive body, which performs the function to control and oversight in the field of state defense order, or its territorial authority -

7.2. Failure to fulfill the deadline for legal decisions or the prescription of the federal executive body authorized to control the procurement of goods, works, services separate species legal entities, or its territorial body to eliminate violations of the legislation of the Russian Federation in the sphere of procurement of goods, works, services with certain types of legal entities -

entails the imposition of an administrative fine on officials in the amount of from thirty thousand to fifty thousand rubles; On legal entities - from three hundred thousand to five hundred thousand rubles.

it entails a disqualification for a period of one year.

8. Failure to comply with the deadline for legitimate requirements of persons authorized to implement the federal state veterinary supervision, to eliminate violations of veterinary and sanitary requirements and rules, veterinary rules -

(see text in the previous edition)

entails the imposition of an administrative fine on citizens in the amount of from two thousand to four thousand rubles; on officials - from twenty thousand to forty thousand rubles; On legal entities - from two hundred thousand to five hundred thousand rubles.

(see text in the previous edition)

8.1. Actions (inaction) provided for by part 8 of this article committed during the implementation period in the relevant territory of restrictive events (quarantine) -

the imposition of an administrative fine on citizens in the amount of from four thousand to five thousand rubles; on officials - from forty thousand to fifty thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from forty thousand to fifty thousand rubles or administrative suspension of activities for a period of time before the ninety day; On legal entities - from seven hundred thousand to one million rubles or administrative suspension of activities for a period of time before the ninety day.

9. Failure for the prescribed period of legal prescription of the Bank of Russia -

(see text in the previous edition)

entails the imposition of an administrative fine on officials in the amount of from twenty thousand to thirty thousand rubles; On legal entities - from five hundred thousand to seven hundred thousand rubles.

10. Failure to comply with the deadline for the legal regulation, the requirements of the executive authority, implementing the Federal State Control (Supervision) in the field of ensuring transport security, -

(see text in the previous edition)

entails the imposition of an administrative fine on citizens in the amount of five thousand rubles; on officials - from twenty thousand to thirty thousand rubles; On legal entities - from twenty thousand to fifty thousand rubles.

11. Failure to comply with the deadline or improper fulfillment of the legal regulation of the executive authority implementing the Federal State Supervision in the field of industrial safety, Federal State Safety Supervision hydraulic structures, state mining supervision, -

(see text in the previous edition)

12. Failure for the established period of legal regulation of the body implementing the federal state fire supervision -

(see text in the previous edition)

entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred and two thousand rubles; on officials - from three thousand to four thousand rubles; On legal entities - from seventy thousand to eighty thousand rubles.

13. Failure to fulfill the legal regulation of the body implementing the federal state fire supervision, at the protection facilities, on which activities in the field of health, education and social services are carried out -

(see text in the previous edition)

entails the imposition of an administrative fine on citizens in the amount of from two thousand to three thousand rubles; on officials - from five thousand to six thousand rubles or disqualification for up to three years; On legal entities - from the ninety thousand to one hundred thousand rubles.

entails the imposition of an administrative fine on citizens in the amount of from four thousand to five thousand rubles; on officials - from fifteen thousand to twenty thousand rubles or disqualification for up to three years; on persons engaged in entrepreneurial activities without the formation of a legal entity - from forty thousand to fifty thousand rubles or administrative suspension of activities for a period of time before the ninety day; On legal entities - from one hundred and fifty thousand to two hundred thousand rubles or administrative suspension of activities for a period of time before the ninety day.

(see text in the previous edition)

15. Failure to fulfill the manufacturer (by the Contractor, Seller, a person who performs the functions of a foreign manufacturer), certification authority or testing laboratory (center) within the prescribed period of legal decision, the prescription of the federal executive body authorized to implement state control (supervision), an organization authorized in accordance with federal laws on the implementation of state supervision of compliance with the requirements technical regulations to products, including buildings and facilities, or products (for the first time produced in circulation) and related to product requirements for design processes (including surveys), production, construction, installation, commissioning, operation, storage, transportation, implementation, or disposal, -

(see text in the previous edition)

16. Failure to comply with the prescription of the federal executive body, implementing the state supervision of compliance with the legislation of the Russian Federation on the protection of children from information causeing their health and (or) development -

(see text in the previous edition)

entails the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; on officials - from thirty thousand to fifty thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from thirty thousand to fifty thousand rubles and (or) administrative suspension of activities for a period of time before the ninety day; On legal entities - from three hundred thousand to five hundred thousand rubles and (or) administrative suspension of activities for a period of time before the ninety day.

17. Failure to comply with the deadline for the legitimate prescription of the federal executive body, implementing the Federal State Supervision in the field of use of atomic energy -

(see text in the previous edition)

18. Failure to fulfill the deadline for the legal regulation of the body carrying out the state supervision of the state, content, preservation, use, popularization and state Guard Cultural heritage sites -

(see text in the previous edition)

entails the imposition of an administrative fine on citizens in the amount of from two thousand to four thousand rubles; on officials - from twenty thousand to forty thousand rubles or disqualification for up to two years; On legal entities - from one hundred thousand to five hundred thousand rubles.

20. Failure to comply with the deadline for legitimate prescription (submission) of the state (municipal) authority financial control -

(see text in the previous edition)

he entails the imposition of an administrative fine on officials in the amount of from twenty thousand to fifty thousand rubles or disqualification for a period of one year to two years.

20.1. Re-committing an administrative offense by part 20 of this article -

it entails a disqualification for a period of two years.

21. Failure to comply with the deadline for legal regulation, the decision of the federal executive body, which performs the function of controlling and supervision in the field of health, its territorial body -

entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; On legal entities - from thirty thousand to fifty thousand rubles.

22. Failure to comply with the deadline for the legal regulation of the body carrying out state control (supervision) in the field of production and turnover ethyl alcohol, alcoholic and alcohol-containing products, -

entails the imposition of an administrative fine on officials in the amount of six thousand to twelve thousand rubles; On legal entities - from twenty thousand to forty thousand rubles.

23. Failure to comply with the deadline or improper fulfillment of the legal prescription of the official of the federal executive authority, implementing the federal state supervision of compliance labor legislation and other regulatory legal acts containing norms labor law, -

entails the imposition of an administrative fine on officials in the amount of from thirty thousand to fifty thousand rubles or disqualification for a period of one year to three years; on persons engaged in entrepreneurial activities without the formation of a legal entity - from thirty thousand to fifty thousand rubles; On legal entities - from one hundred thousand to two hundred thousand rubles.

24. Failure or improper fulfillment of the legal regulation of the authority implementing the regional state housing supervision, including licensed control in the field of entrepreneurial management activities apartment housesto eliminate violations licensed requirements, except for cases provided for

- Article 19.5. Administrative Code. Failure for a legitimate prescription (resolution, submission, decisions) of the body (official) exercising state supervision (control)

Article 19.5. Administrative Code. Failure for a legitimate prescription (resolution, submission, decisions) of the body (official) exercising state supervision (control)

1. Failure to fulfill the deadline for the legal regulation (decree, submission, decisions) of the body (official), which implements state supervision (control), to eliminate violations of legislation - entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; on officials - from one thousand to two thousand rubles or disqualification for up to three years; On legal entities - from ten thousand to twenty thousand rubles. 2. Failure to comply with the deadline for legitimate prescription, the decision of the body authorized in the field of export control, its territorial body entails the imposition of an administrative fine on officials in the amount of from five thousand to ten thousand rubles or disqualification for up to three years; On legal entities - from two hundred thousand to five hundred thousand rubles. 2.1. Failure to fulfill the deadline for the legal decision, the prescription of the federal antimonopoly authority, its territorial body to terminate the competition of agreements and (or) agreed actions and actions aimed at ensuring competition, or issued in the implementation of controlling the use of state or municipal assistance to a legitimate decision, prescription The federal antimonopoly authority, its territorial body for the commission of actions provided for by the antitrustological legislation of the Russian Federation - entails the imposition of an administrative fine on officials in the amount of from eighteen thousand to twenty thousand rubles or disqualification for up to three years; On legal entities - from three hundred thousand to five hundred thousand rubles. 2.2. Failure to fulfill the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body on the termination of the abuse of an economic entity dominant position in the commodity market and the action provided for by the antimonopoly legislation of the Russian Federation aimed at ensuring competition - entails the imposition of an administrative fine on officials in the amount of sixteen thousand to twenty thousand rubles or disqualification for up to three years; On legal entities - from three hundred thousand to five hundred thousand rubles. 2.3. Failure to fulfill the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the violation of the rules of non-discriminatory access to goods (works, services) or issued in the implementation of state control over the economic concentration of legitimate decision, the prescription of the federal antimonopoly authority, its territorial authority provided for by the antimonopoly legislation of the Russian Federation actions aimed at ensuring competition - entails the imposition of an administrative penalty on officials in the amount of from twelve thousand to twenty thousand rubles or disqualification for up to three years; On legal entities - from three hundred thousand to five hundred thousand rubles. 2.4. Failure to fulfill the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the violation of the legislation of the Russian Federation on advertising or legitimate decision, the prescription of the Federal Antimonopoly Body, its territorial authority on the cancellation or changing the legislation of the Russian Federation on advertising an act of the federal executive authority , the act of the executive authority of the constituent entity of the Russian Federation or the act of local governments is entails the imposition of an administrative fine on officials in the amount of from twelve thousand to twenty thousand rubles; On legal entities - from three hundred thousand to five hundred thousand rubles. 2.5. Failure to comply with the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body on the termination of unfair competition - entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; On legal entities - from one hundred thousand to three hundred thousand rubles. 2.6. Failure to comply with the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the violation of the antimonopoly legislation of the Russian Federation, the legislation of the Russian Federation on natural monopolies, the legal decision, the prescription of the Federal Antimonopoly Body, its territorial body to terminate or preventing the competition limiting actions or legal decisions, prescriptions of the federal antimonopoly body, its territorial body on the commission of actions provided for by the legislation of the Russian Federation, except in the cases provided for by parts 2.1 - 2.5 of this article - entails the imposition of an administrative fine on officials in the amount of eight thousand to twelve thousand rubles or disqualification on time up to three years; On legal entities - from one hundred thousand to five hundred thousand rubles. 3. Failure to comply with the deadline for legal regulation, solving the regulation of natural monopolies, its territorial body - entails the imposition of an administrative fine on officials in the amount of from five thousand to ten thousand rubles or disqualification for up to three years; On legal entities - from two hundred thousand to five hundred thousand rubles. 4. Failure to comply with the deadline for the legal regulation of the body carrying out control and supervision in the field of the equity construction of apartment buildings and (or) other real estate objects - entails the imposition of an administrative fine on officials in the amount of ten thousand to fifteen thousand rubles; On legal entities - from one hundred thousand to two hundred thousand rubles. 5. Failure to comply with the deadline for legal regulation, the decision of the body authorized in the field of state regulation of tariffs, entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles or disqualification for up to three years; On legal entities - from one hundred thousand to a hundred and fifty thousand rubles. 6. Failure to comply with the deadline for the legal regulation of the federal executive authority of the federal executive authority, the executive authorities of the constituent entities of the Russian Federation - entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles; on officials - from five thousand to ten thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from five thousand to ten thousand rubles or the administrative suspension of their activities for a period up to the ninety day; On legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of their activities for a period before the ninety day. 7. Failure to comply with the deadline for legitimate prescription, the requirements of the executive authority authorized to control the placement of orders for the supply of goods, work, the provision of services for state or municipal needs, its territorial body - entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles; On legal entities - in the amount of five hundred thousand rubles. 8. Failure to comply with the deadline for the legitimate requirements of persons authorized to implement state veterinary supervision, on the conduct of anti-episotic and other activities committed during the implementation period in the relevant territory of restrictive measures (quarantine) - entails the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; on officials - from five thousand to seven thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from five thousand to seven thousand rubles or administrative suspension of activities for a term before the ninety day; On legal entities - from ninety thousand to one hundred thousand rubles or administrative suspension of activities for a period of time before the ninety day. 9. Failure to fulfill the deadline for the legitimate prescription of the federal executive body in the field of financial markets or its territorial body - entails the imposition of an administrative fine on officials in the amount of from twenty thousand to thirty thousand rubles; On legal entities - from five hundred thousand to seven hundred thousand rubles.

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Article 19.5 of the Administrative Code of the Russian Federation in the new edition.

(Name as amended, enacted from May 16, 2014 by the Federal Law of May 5, 2014 N 125-FZ.

1. Failure to comply with the deadline for legal regulation (decree, submission, decisions) of the body (official), which implements the state supervision (control), municipal control, to eliminate violations of legislation -
(Paragraph in the editorial office entered into force from May 16, 2014 by the Federal Law of May 5, 2014 N 125-FZ.

entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; on officials - from one thousand to two thousand rubles or disqualification for up to three years; on legal entities - from ten thousand to twenty thousand rubles (paragraphs in the wording enacted from August 12, 2005 by the Federal Law of May 9, 2005 N 45-FZ; as amended by the Federal Law from July 8, 2007 June 22, 2007 N 116-FZ.

2. Failure to comply with the deadline for the legal regulation, the decision of the body authorized in the field of export control, its territorial body (paragraph has been supplemented from May 22, 2006 by the Federal Law of May 8, 2006 N 65-FZ; as amended, entered into force on May 13 2007 by federal law of April 9, 2007 N 45-FZ -

(Part is supplemented from September 5, 2004 by the Federal Law of August 20, 2004 N 114-FZ
2.1. Failure to comply with the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the competition of agreements and (or) agreed actions and actions aimed at ensuring competition, or issued to control the use of state or municipal preference of a legitimate decision, prescription Federal Antimonopoly Body, its territorial authority on the commission of actions provided for by the antimonopoly legislation -
(Paragraph in the editorial office entered into force from January 7, 2012 by the Federal Law of December 6, 2011 N 404-FZ.

2.2. Failure to comply with the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body on the termination of the abuse of an economic entity dominant position in the commodity market and the action provided for by the antimonopoly legislation of the Russian Federation aimed at ensuring competition -
entails the imposition of an administrative fine on officials in the amount of sixteen thousand to twenty thousand rubles or disqualification for up to three years; On legal entities - from three hundred thousand to five hundred thousand rubles (paragraph in the editorial office, enacted from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ.

(Part additionally included from May 13, 2007 by the Federal Law of April 9, 2007 N 45-FZ)
2.3. Failure to fulfill the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the violation of the rules of non-discriminatory access to goods (works, services) or issued in the implementation of state control over the economic concentration of legitimate decision, the prescription of the federal antimonopoly authority, its territorial authority provided for by the antimonopoly legislation of the Russian Federation actions aimed at ensuring competition -
entails the imposition of an administrative fine on officials in the amount of from twelve thousand to twenty thousand rubles or disqualification for up to three years; On legal entities - from three hundred thousand to five hundred thousand rubles (paragraph in the editorial office, enacted from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ.

(Part additionally included from May 13, 2007 by the Federal Law of April 9, 2007 N 45-FZ)
2.4. Failure to fulfill the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the violation of the legislation of the Russian Federation on advertising or legitimate decision, the prescription of the Federal Antimonopoly Body, its territorial authority on the cancellation or changing the legislation of the Russian Federation on advertising an act of the federal executive authority , the act of the executive authority of the subject of the Russian Federation or the Act of the Local Government Authority -
entails the imposition of an administrative penalty on officials in the amount of from twelve thousand to twenty thousand rubles; On legal entities - from three hundred thousand to five hundred thousand rubles (paragraph in the editorial office, enacted from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ.

(Part additionally included from May 13, 2007 by the Federal Law of April 9, 2007 N 45-FZ)
2.5. Failure to comply with the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate unfair competition -
entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; On legal entities - from one hundred thousand to three hundred thousand rubles (paragraph in the wording enacted from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ.

(Part additionally included from May 13, 2007 by the Federal Law of April 9, 2007 N 45-FZ)
2.6. Failure to comply with the deadline for legal decisions, the prescription of the federal antimonopoly authority, its territorial body to terminate the violation of the antimonopoly legislation of the Russian Federation, the legislation of the Russian Federation on natural monopolies, the legal decision, the prescription of the Federal Antimonopoly Body, its territorial body to terminate or preventing the competition limiting actions or legal Decisions, prescriptions of the Federal Antimonopoly Body, its territorial body on the commission of actions provided for by the legislation of the Russian Federation, with the exception of the cases provided for by parts 2.1-2.5 of this article -
entails the imposition of an administrative fine on officials in the amount of from eight thousand to twelve thousand rubles or disqualification for up to three years; On legal entities - from one hundred thousand to five hundred thousand rubles (paragraph in the wording enacted from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ.

(Part additionally included from May 13, 2007 by the Federal Law of April 9, 2007 N 45-FZ)
2.7. Failure to comply with the prescription of the Federal Antimonopoly Authority, its territorial body on the abolition of either a change in the contradictory law on the basis of state regulation of trading activities in the Russian Federation and (or) on the termination of the actions (inaction) of the executive authority of the subject of the Russian Federation, the local government authority, other The functions of the specified authorities of the body or organization that lead or may lead to the establishment of the rules of trade activities in the commodity market, violating the requirements established by the legislation on the basics of state regulation of trading activities in the Russian Federation -
entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles or disqualification for a period of one year to three years.

(Part additionally included from December 31, 2010 by the Federal Law of December 28, 2010 N 411-FZ)
3. Failure to fulfill the deadline for legal regulation, solving the regulation of natural monopolies, its territorial body -
entails the imposition of an administrative fine on officials in the amount of from five thousand to ten thousand rubles or disqualification for up to three years; on legal entities - from two hundred thousand to five hundred thousand rubles (paragraphs in the editorial office, entered into force on August 12, 2005 by the Federal Law of May 9, 2005 N 45-FZ; as amended, entered into force from July 8, 2007 by federal law from June 22, 2007 N 116-FZ.

(Part is supplemented from September 5, 2004 by the Federal Law of August 20, 2004 N 114-FZ
4. Failure to fulfill the deadline for the legal regulation of the body carrying out control and supervision in the field of the equity construction of apartment buildings and (or) other real estate objects -
entails the imposition of an administrative penalty on officials in the amount of from ten thousand to fifteen thousand rubles; On legal entities - from one hundred thousand to two hundred thousand rubles (paragraph in the editorial office, entered into force from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ.

(Part additionally included from April 1, 2005 by the Federal Law of December 30, 2004 N 214-FZ)
5. Failure to fulfill the deadline for legal regulation, the decision of the body authorized in the field of state regulation of tariffs -
entails the imposition of an administrative penalty on officials in the amount of fifty thousand rubles or disqualification for up to three years; On legal entities - from one hundred thousand to one hundred and fifty thousand rubles (paragraph in the wording enacted from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ; as amended, entered into force from December 30, 2008 by Federal Law dated December 25, 2008 N 281-FZ.

(Part additionally included from January 1, 2006 by the Federal Law of December 31, 2005 N 199-FZ)
6. Failure to fulfill the deadline for the legal regulation of the federal executive authorities of the executive authorities of the constituent entities of the Russian Federation -
entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand five hundred rubles; on officials - from five thousand to ten thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from five thousand to ten thousand rubles or the administrative suspension of their activities for a period up to the ninety day; On legal entities - from fifty thousand to one hundred thousand rubles or the administrative suspension of their activities for a period of time before the ninety day (paragraph in the wording entered into force from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ.

(Part additionally included from January 1, 2007 by the Federal Law of December 18, 2006 N 232-FZ)
7. Failure to fulfill the official of the Customer, an official of the authorized body, an official of an authorized institution, a member of the Commission for Procurement, an electronic platform operator, a specialized legal provision, the requirement of the body authorized to control the procurement control, with the exception of bodies, specified in parts 7.1 and 7.2 of this article -
(Paragraphs in the editorial office entered into force from May 16, 2014 by the Federal Law of May 5, 2014 N 122-FZ.

entails the imposition of an administrative fine on officials in the amount of fifty thousand rubles; On legal entities - five hundred thousand rubles.

(Part additionally included from October 1, 2007 by the Federal Law of July 24, 2007 N 218-FZ; as amended, entered into force on January 1, 2014 by the Federal Law of December 28, 2013 N 396-FZ.

(Part additionally included from December 13, 2013 by the Federal Law of December 2, 2013 N 326-FZ)
7.2. Failure to fulfill the deadline for legal decisions or prescription of the federal executive body authorized to control the procurement of goods, works, services with certain types of legal entities, or its territorial body to eliminate violations of the legislation of the Russian Federation in the sphere of procurement of goods, works, services in certain types legal entities -
entails the imposition of an administrative fine on officials in the amount of from thirty thousand to fifty thousand rubles; On legal entities - from three hundred thousand to five hundred thousand rubles.

(Part additionally included from May 16, 2014 by the Federal Law of May 5, 2014 N 122-FZ)
8. Failure for the established period of legitimate requirements of persons authorized to implement state veterinary control (supervision), to eliminate violations of veterinary and sanitary requirements and rules -
entails the imposition of an administrative fine on citizens in the amount of from two thousand to four thousand rubles; on officials - from twenty thousand to forty thousand rubles; On legal entities - from two hundred thousand to five hundred thousand rubles.

(Part additionally included from December 20, 2008 by the Federal Law of December 3, 2008 N 247-FZ; as amended by the Federal Law of July 23, 2013 No. 199-ФЗ.

8.1. Actions (inaction) provided for by part 8 of this article committed during the implementation period in the relevant territory of restrictive events (quarantine) -
The imposition of an administrative fine on citizens in the amount of from four thousand to five thousand rubles; on officials - from forty thousand to fifty thousand rubles; on persons engaged in entrepreneurial activities without the formation of a legal entity - from forty thousand to fifty thousand rubles or administrative suspension of activities for a period of time before the ninety day; On legal entities - from seven hundred thousand to one million rubles or administrative suspension of activities for a period of time before the ninety day.

(Part additionally included from August 3, 2013 by the Federal Law of July 23, 2013 No. 199-FZ)
9. Failure for the prescribed period of legal prescription of the Bank of Russia -
(Paragraphs in the editorial office entered into force from September 1, 2013 by the Federal Law of July 23, 2013 N 249-FZ.

(Part additionally included from April 13, 2009 by the Federal Law of February 9, 2009 N 9-FZ)
10. Failure to comply with the deadline for legal regulation, the requirements of the executive authority authorized to control (supervision) in the field of transport security, -
entails the imposition of an administrative fine on citizens in the amount of five thousand rubles; on officials - from twenty thousand to thirty thousand rubles; On legal entities - from twenty thousand to fifty thousand rubles.

(Part additionally included from August 10, 2010 by the Federal Law of July 27, 2010 N 195-FZ)
11. Failure to comply with the deadline or improper fulfillment of the legitimate prescription of the federal executive body exercising state control and supervision in the field of safe conduct of work related to the use of subsoil, industrial safety and safety of hydraulic structures -

(Part additionally included on January 1, 2011 by the Federal Law of July 23, 2010 N 171-FZ)
12. Failure to comply with the deadline for the legal regulation of the body implementing the State Fire Supervision -
entails the imposition of an administrative fine on citizens in the amount of one thousand five hundred and two thousand rubles; on officials - from three thousand to four thousand rubles; On legal entities - from seventy thousand to eighty thousand rubles.

13. Failure to comply with the deadline for the legal prescription of the body implementing the State Fireman Supervision, at the protection facilities on which activities in the field of health, education and social services are carried out, -
entails the imposition of an administrative fine on citizens in the amount of from two thousand to three thousand rubles; on officials - from five thousand to six thousand rubles or disqualification for up to three years; On legal entities - from the ninety thousand to one hundred thousand rubles.

(Part additionally included from June 17, 2011 by the Federal Law of June 3, 2011 N 120-FZ)
14. Re-committing an administrative offense provided for in paragraph 12 or 13 of this article -
entails the imposition of an administrative fine on citizens in the amount of from four thousand to five thousand rubles; on officials - from fifteen thousand to twenty thousand rubles or disqualification for up to three years; On legal entities - from one hundred and fifty thousand to two hundred thousand rubles.

(Part additionally included from June 17, 2011 by the Federal Law of June 3, 2011 N 120-FZ)
15. Failure by the manufacturer (by the Contractor, Seller, the person who performs the functions of a foreign manufacturer), the certification body or testing laboratory (center) within the prescribed period of legal decision, the prescription of the federal executive body authorized to the implementation of state control (supervision) for compliance with the requirements of technical Rules for products, including buildings and structures, or products (for the first time produced in circulation of products) and related to product requirements for design processes (including surveys), production, construction, installation, commissioning, operation, storage, transportation, implementation or disposal -
entails the imposition of an administrative fine on officials in the amount of from thirty thousand to fifty thousand rubles; On legal entities - from three hundred thousand to five hundred thousand rubles.

(Part additionally included since January 19, 2012 by Federal Law of July 18, 2011 N 237-FZ)
16. Failure to comply with the prescription of the federal executive body, implementing the state supervision of compliance with the legislation of the Russian Federation on the protection of children from information causeing their health and (or) development -
(Paragraph in the editorial office entered into force from November 15, 2014 by the Federal Law of October 14, 2014 N 307-FZ.

(Part additionally included from September 1, 2012 by the Federal Law of July 21, 2011 N 252-FZ)
17. Failure to comply with the deadline for the legal prescription of the federal executive body, which performs the function to control and oversight in the field of safety when using atomic energy -
entails the imposition of an administrative fine on officials in the amount of from thirty thousand to fifty thousand rubles or disqualification for a period of one year to three years; On legal entities - from four hundred thousand to seven hundred thousand rubles.

(Part additionally included from December 1, 2011 by the Federal Law of November 30, 2011 N 347-FZ)
18. Failure to fulfill the legal regulation period of the body authorized to carry out state supervision of the condition, content, preservation, use, popularization and state protection of cultural heritage facilities, -
(Paragraph as amended by the Federal Law of December 30, 2015 N 459-FZ.

entails the imposition of an administrative fine on citizens in the amount of from two thousand to four thousand rubles; on officials - from twenty thousand to forty thousand rubles or disqualification for up to two years; On legal entities - from one hundred thousand to five hundred thousand rubles.

19. Re-committing an administrative offense provided for in paragraph 18 of this article -
entails the imposition of an administrative fine on citizens in the amount of from three thousand to five thousand rubles; on officials - from thirty thousand to fifty thousand rubles or disqualification for up to three years; On legal entities - from four hundred thousand to one million rubles.

(Part additionally included from August 7, 2013 by Federal Law of May 7, 2013 N 96-FZ)
20. Failure to fulfill the deadline for the legal prescription of the state (municipal) financial control authority -
(Paragraph in the editorial office entered into force on November 7, 2015 by the Federal Law of October 27, 2015 N 291-FZ.

he entails the imposition of an administrative fine on officials in the amount of from twenty thousand to fifty thousand rubles or disqualification for a period of one year to two years.

(Part additionally included from August 4, 2013 by the Federal Law of July 23, 2013 N 252-FZ)
21. Failure to comply with the deadline for legal regulation, the decision of the federal executive body, which performs the function of controlling and supervision in the field of health, its territorial body -
entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; On legal entities - from thirty thousand to fifty thousand rubles.

(Part additionally included from January 1, 2014 by the Federal Law of November 25, 2013 N 317-FZ)
22. Failure to fulfill the deadline for the legal regulation of the body implementing the state control (supervision) in the production and turnover of ethyl alcohol, alcohol and alcohol-containing products -
entails the imposition of an administrative fine on officials in the amount of six thousand to twelve thousand rubles; On legal entities - from twenty thousand to forty thousand rubles.

(Part additionally included from January 3, 2014 by the Federal Law of December 21, 2013 N 365-FZ)
23. Failure to comply with the deadline or improper fulfillment of the legal prescription of the official of the federal executive body, implementing the Federal State Supervision of Compliance with Labor Legislation and other regulatory legal acts containing labor law standards -
entails the imposition of an administrative fine on officials in the amount of from thirty thousand to fifty thousand rubles or disqualification for a period of one year to three years; on persons engaged in entrepreneurial activities without the formation of a legal entity - from thirty thousand to fifty thousand rubles; On legal entities - from one hundred thousand to two hundred thousand rubles.

(Part additionally included from January 1, 2015 by the Federal Law of December 28, 2013 N 421-FZ)
24. Failure or improper implementation within the prescribed period of legal regulation of the body implementing regional state housing supervision, including licensed control in the implementation of entrepreneurial activities for the management of apartment buildings, to eliminate violations of licensing requirements -
entails the imposition of an administrative fine on officials in the amount of from fifty thousand to one hundred thousand rubles or disqualification for up to three years; On legal entities - from two hundred thousand to three hundred thousand rubles.

(Part additionally included from January 1, 2015 by the Federal Law of July 21, 2014 N 255-FZ)
25. Failure to fulfill the prescription period federal organsexercising state land supervision, including in relation to agricultural land, or their territorial organs to eliminate violations of land legislation -
entails the imposition of an administrative fine on citizens in the amount of from ten thousand to twenty thousand rubles; on officials - from thirty thousand to fifty thousand rubles or disqualification for up to three years; On legal entities - from one hundred thousand to two hundred thousand rubles.

26. Repeated during the year the commission of an administrative offense provided for in paragraph 25 of this article -
entails the imposition of an administrative fine on citizens in the amount of from thirty thousand to fifty thousand rubles; on officials - from seventy thousand to one hundred thousand rubles or disqualification for up to three years; On legal entities - from two hundred thousand to three hundred thousand rubles.

(Part additionally included from March 20, 2015 by the Federal Law of March 8, 2015 N 46-FZ)
Note. For administrative offenses, provided for by part 11 of this article, persons engaged in entrepreneurial activities without the formation of a legal entity carry administrative responsibility as legal entities.

(Note additionally included from January 1, 2011 by the Federal Law of July 23, 2010 N 171-FZ)

N 195-FZ, Administrative Code of the Russian Federation.

Is the authorized offense provided for by part 1 of article 19.5 of the Code of Administrative Code?

D.N. Bahrah

In Bulletin Supreme Court The Russian Federation placed an answer to such a question: "Is the procedure for the administrative offense, provided for by Part 1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation, - non-fulfillment of the legal prescription of the state supervision, taking into account the fact that the violation of which was allowed to eliminate the elimination Prescription, not eliminated? "
On this question, an employee of the apparatus of the Supreme Court of the Russian Federation respond: "According to Part 1 of Art. 19.5 of the Code of Code of the Russian Federation, failure to comply with the deadline for the legal regulation (decree, submission, decisions) of the body (official) exercising state supervision (control), to eliminate legislation violations entails the imposition of administrative punishment.
As follows from the disposition of the above standard, the objective side of this administrative offense is a violation of the expiration date of the prescription to eliminate the violation of the legislation, i.e. It is considered to be completed after the expiration date specified in the prescription. Therefore, the title administrative offense is not lasting. "
It seems that such an opinion is wrong. The expiration date of the execution of the prescription (decree, submission, decisions), if the requirements of an authorized entity of the administrative authority are not fulfilled completely or even partially, is not the end of the offense enshrined in Art. 19.5 Administrative Code, and its beginning. Beginning of an indispensable offense.
The authors of the explanation published in the Bulletin of the Supreme Court of the Russian Federation refer to paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005, which says: "Failure to comply with the regulatory legal Act The duties to the deadlines established in it is not a lasting administrative offense. "
But for the deadline for execution, the duty act is not an offense at all, but it becomes the last day after the deadline after the deadline.

Each lawyer knows that the composition of the offense is an organic system of signs of act and its circumstances (place, time, method of committing, etc.). The absence in a particular act of at least one named (fixed, established) feature means that the act is not an administrative offense.
Part 1 of Art. 19.5 of the Administrative Code of the Russian Federation established such a sign of the offense called it, as time. While called in the law enforcement act (prescriptions), the deadline for execution is not expired, while in a certain act there is no such basis, as time, there is no complete set of features of the composition attributed by Art. 19.5 Administrative Code.
And this means that in the actions of a person who is obliged to ensure the execution of the prescription, there is no branch of the offense assigned to Part 1 of Art. 19.5 Administrative Code.
Failure (full, partial, inappropriate) prescription becomes an administrative offense, qualified under Art. 19.5 of the Administrative Code, the day after the expiration date of the prescription. Failure to comply with the deadline for the legal regulation of the body (official), which implements the state supervision (control), on the elimination of violations of legislation on the law entails the application of the sanctions provided for in Part 1 of Art. 19.5 Administrative Code.
Before the expiration of the established period of legal prescription, the act is not an administrative offense at all, qualified under Art. 19.5 Administrative Code. And is not a binding offense. The consideration of the offense begins to flow after the expiration of the execution of a legitimate prescription. And now it becomes the primary administrative offense provided for in Part 1 of Art. 19.5 Administrative Code.

In the second paragraph of paragraph 14 of the Resolution of the Plenum of the Supreme Court of March 24, 2005, it is clearly stated: "In the case of an administrative offense, expressed in the form of inactivity, the time to attract to administrative responsibility - From the day following the last day of the period granted to fulfill the relevant duty. "
The solution to the question of whether the administrative offense is provided for by Part 1 of Art. 19.5, lasting or not, is of great practical importance. Part 1 of Art. 4.5 Code of Administrative Code general rule: "Decision in the case of administrative offense can not be made after two months from the date of its commission. "From this total A number of exceptions are made. So, in part 2 of Art. 4.5 It is said: "With the last administrative offense, the statute of limitations begins to be calculated from the date of the detection of an administrative offense." Part 1 Art. 19.5 The Administrative Code of the Russian Federation is widely applied in practice. And errors in the interpretation of its content can entail errors when applied, i.e. Incorrect attraction to administrative responsibility or unreasonable liberation of those responsible.

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For 10 months of 2016, the global judge litter №3 Sol-Iletsky district Orenburg region 15 cases on administrative offenses provided for in Part 1 of Art are considered. 19.5 of the Administrative Code of the Russian Federation, according to which 13 persons are convicted of administrative offenses. Of these: legal entities - 6, officials - 5, individual entrepreneurs - 1, individuals - 1.

In accordance with part 1 of Art. 19.5 of the Administrative Code of the Russian Federation Failure to comply with the deadline for legal regulation (decree, submission, decisions) of the body (official), which implements the state supervision (control), to eliminate violations of the legislation entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; on officials - from one thousand to two thousand rubles or disqualification for up to three years; On legal entities - from ten thousand to twenty thousand rubles.

The object of this administrative offense is the management procedure established by law, and in particular in the sphere of state control and supervision.

The objective side of the offense constitutes non-fulfillment within the prescribed period of legal regulation (decree, decisions, submission) of the body (official), which implements state control or supervision, to eliminate violations of the legislation identified by the authority independently either known to it known.

This offense has been completed from the moment when the prescribed period has expired for the execution of a prescription, it is performed by inaction.

The subjective side of the offense characterizes the intent.

The composition of the offense formal, the onset of harmful consequences is not required.

Analysis of administrative responsibility measures provided for in Art. 19.5 of the Administrative Code, shows that the guilty can be appointed either administrative penaltyor disqualification. At the same time, only the judge has the authority to appoint the above-mentioned types of punishment.

In accordance with Part 1 of Art. 29.6 Administrative Code of the Russian Federation The case of an administrative offense of the judge was considered within a fifteen-day period from the date of receipt of the Protocol on the administrative offense and other materials of the case.

After entry into force (from 04.05.2010) Federal Law dated April 30, 2010 No. 68-FZ, taking into account the requirements of part 1.1 of Art. 29.6 of the Administrative Code of the Russian Federation, the case of an administrative offense is subject to consideration within a two-month period from the date of receipt of the judge, eligible to consider the case, the Protocol on the administrative offense and other materials of the case.

By virtue of Part 2 of Art. 29.6 of the Code of Code of the Russian Federation in the event of an admission 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, a bodice, a job officer, regarding the case, but not more than one month. On the extension of the specified term of the judge, the authority, executive, Considering the case, make a motivated definition.

The study of cases reported on the generalization showed that the world judge, when considering the cases of the specified category, complied with the terms of consideration of cases established by law. Wherein this time The definition of the magistrate was not extended.

Subjects of offenses provided for in Part 1 of Art. 19.5 of the Administrative Code of the Russian Federation, citizens speak, individual entrepreneurs who carry administrative responsibility as officials, commercial officials and non-Profit Organizations and legal entities regardless of their organizational and legal forms.

When considering the cases of the specified category, it is subject to establishment, there are data on the materials confirming the status of the subject specified in the Administrative Offencing Protocol, and the circumstances provided for by Art. 2.1, 2.4 of the Administrative Code of the Russian Federation necessary to bring to the responsibility of an official and legal entity.

In particular, the above conditions should be checked on cases regarding officials attracted to the administrative responsibility, since they can only be attracted to administrative responsibility if they are committed by an administrative offense in connection with non-performance or inappropriate performance His duties (Art. 2.4 of the Code of Administrative Code).

Thus, the case materials should contain appropriate documents confirming the position of the official - the job description, order, etc., indicating that the person performs organizational and regulatory or other functions listed in the note to Art. 2.4 Administrative Code.

In the materials of cases of administrative offenses of the designated category subjected to study, such documents were available.

It is important to note that when resolving the cases of the category under consideration, it should be borne in mind that the prescription is submitted to a specific person - legal entity, official person, individual entrepreneur, Citizen. In this regard, the Administrative Offencing Protocol must continue to be drawn up with respect to the person who has not fulfilled the duties assigned to it.

However, the practice shows that for consideration, a protocol on the administrative offense, provided for by Part 1 of Art. 19.5 of the Administrative Code of the Russian Federation, in relation to O. Resolution of the World Judge, the proceedings on an administrative offense against O. was discontinued. Taking this decision of the global judge proceeded from the point of the above named articles KoP The Russian Federation follows that the responsibility of the official occurs in the case of the guilty non-fulfillment of the legal prescription of the official of the authority exercising state supervision. The prescription should be done legitimate if it was issued in relation to an official who is obliged to accomplish the actions entrusted to him or refrain from their commission in cases, provided by law. After analyzing the evidence, the world judge came to be convinced that the prescription was issued to a legal entity, while the protocol on the administrative offense for his failure to comply with the deadline was drawn up for an official. Under such circumstances, proceedings in the case of an administrative offense against the head of the MUP O. was discontinued on the basis of paragraph 2 of Part 1 of Art. 24.5 of the Administrative Code of the Russian Federation - for the lack of an administrative offense in its actions.

By general rule The case of an administrative offense is considered at the place of its commission (part 1 of Art. 29.5 of the Administrative Code of the Russian Federation).

As follows from the explanations contained in paragraph 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005, No. 5 "On some issues arising from courts when applying the Codex of the Russian Federation on Administrative Offenses", the place of committing an administrative offense is the place of committing an unlawful action Regardless of the place of the onset of its consequences.

These norms are usually taken into account by the courts when considering the cases of the specified categories.

It was not always properly determined by the courts for this category of affairs, endowed with the right of appealing the judicial acts.

According to the disposition of Part 1 of Art. 19.5 of the Administrative Code of the Russian Federation, one of the circumstances to be clarified, when considering an administrative offense case provided for by this article, in accordance with Art. 26.1 Administrative Code of the Russian Federation is the legality of the prescription issued by the state supervision authority (control).

The legality is that as state bodyAnd the official acting on his behalf, issued an order to eliminate violations of legislation should have the competence for supervisory measures. In addition, the legality of the prescription means that it is issued in accordance with the procedure established by law, without violations of the rights of verifiable subjects.

The study of cases of administrative offenses has shown that in most cases, one or another authority (official) of the authority for supervisory measures and the issuance of prescriptions for the elimination of violations of legislation does not occur in judges. At the same time, it is especially necessary to pay attention to the need to establish the possibility of executing the requirements of the prescription into the period established in it.

Thus, the decision of the magistrate was discontinued in the case of an administrative offense against a citizen of S. During the consideration of the case, it was established that the order previously issued to him was not fulfilled by S. within the prescribed period, since there was no objective opportunity. The court found that S., due to the lack of guidelines for the property, in view of the permanent litigation With neighbors about the establishment of boundaries land plotsIt does not have the opportunity to contact the registering authority for proper execution of law.

It is important to note that the procedure for administrative offenses of the designated category in the form of an administrative investigation cannot be carried out, since this article is in chapter 19 "Administrative offenses against the management order", and the named category of cases contained in Article 28.7 of the Administrative Code of the Russian Federation is missing.

Even if the proceedings in the case were mistaken in the form of an administrative investigation, provided for in Part 1 of Art. 19.5 of the Code of the Russian Federation cases cannot be assigned to the judges of the judges of the district courts, since they are given in terms of 1 tbsp. 23.1 Code of Administrative Offenses of the Russian Federation, and according to paragraph 5 of part 3 of Art. 23.1 Code of Administrative Medical Administration of the Russian Federation.

In paragraph 3, the Plenum of the Supreme Court of the Russian Federation in the Resolution of March 24, 2005 No. 5 "On some issues arising from courts when applying the Code of the Russian Federation on Administrative Offenses" on this issue indicated the need to take into account that administrative investigation It is allowed only when identifying administrative offenses in the branches of the legislation listed in Part 1 of Article 28.7 of the Administrative Code of the Russian Federation.

An analysis of the practice of considering this category of administrative offenses allows you to make a number of conclusions:

1. For each case of this category, it is necessary to check the legality of the issued prescription,

2. For all cases of administrative offenses, provided for in Part 1 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation, it is necessary to find out the proper whether the subject is involved in administrative responsibility, in connection with which the materials in the materials submitted official instructions, charters, etc.,

3. Consideration of cases of administrative offenses of this category: referred to the jurisdiction of world judges.