Good afternoon, dear reader.
Protocol by administrative offense - This is a procedural document that can be drawn up by a traffic police officer when identifying a violation of the rules. road.
142. The grounds for drawing up a protocol on an administrative offense are:
- identifying an administrative offense in the event that the consideration of the case on this administrative offense is not within the competence of the employee;
- challenging by the person in respect of which, in accordance with Part 1 of Article 28.6 of the Code, the case was initiated on an administrative offense, the availability of an administrative offense event and (or) appointed administrative punishment or the rejection of the appropriate signature in the decision on an administrative offense;
- identification of an administrative offense committed by the minors who have reached the age of sixteen years;
- identifying an administrative offense, no warning committed by sergeant, elderly, soldier, sailor passing military service by call, or a military cadet educational institution vocational education Before concluding a contract on the passage of military service.
The protocol must be drawn up in the following cases:
1. If the case of violation of traffic rules cannot be considered by the police officer. For example, cases on violations involving, are considered only by judges. Accordingly, they require mandatory compilation Protocol.
2. Disagreement of the driver with a violation. This is another popular situation. If the driver does not agree with the inspector, then instead of the ruling (or with it) a protocol is drawn up.
An important difference between the protocol from - the presence of the field "the explanation of the person in respect of which the case was initiated." In the protocol, you can specify your own vision of the situation. At the same time, it is necessary to use references to the rules of road traffic and other regulatory legal documents.
Since the final decision on the imposition of punishment will be made precisely on the basis of the Protocol, it is necessary to closely fill in the field "Explanation of Persons".
3. Violation of traffic rules of minors. This is possible, for example, when controlling vehicles M or subcategory A1.
4. If the violation is committed by a sergeant, a senior, soldier, sailor, cadet.
Procedure for the preparation of the Administrative Offense Protocol
The administrative offense protocol must contain the following data (Article 28.2 of the Administrative Code):
2. The protocol on an administrative offense indicates the date and place of its preparation, position, surname and initials of the person who has made a protocol, information about the person in respect of which the case of an administrative offense, surname, names, patronymic, the address of the residence of witnesses and victims was initiated, If there are witnesses and victims, place, time of committing and event of an administrative offense, article of this Code or the law of the subject Russian Federationproviding for administrative responsibility for this administrative offense, an explanation of an individual or legal representative legal entityFor which the case is initiated, other information necessary to solve the case.
The protocol must indicate:
- Date and place of compilation.
- Traffic police officer.
- Driver data.
- Data of witnesses and victims.
- Place and time of violation of traffic rules.
- Event of the administrative offense and article regulatory documentproviding responsibility.
- Explanation of the driver.
The text of the protocol is filled by a traffic police officer (except for the "driver explanation" field). After drawing up the document, the driver must be able to familiarize himself with it:
4. Physical lick or legal representative A legal entity in respect of which the administrative offense case was initiated, the possibility of familiarizing with the Administrative Offencing Protocol should be provided. These individuals are entitled to submit explanations and comments on the content of the protocol that are attached to the protocol.
In addition, the driver can complement the protocol with its own comments that must be attached. Please note if the protocol remained empty of some fields or lines, then put the battles in them. It will save you from making a data document not in your favor.
After completing the protocol, it should be signed by the driver and the traffic police officer.
Note. The driver needs be sure to fill the field Explanation, and then sign a protocol. For some reason, in practice, many drivers refuse to sign the document. I do not know what they think about this moment. However, the absence of even an elementary explanation leads to the fact that it is not solved in their favor.
If the driver refuses to sign the protocol, then the corresponding mark is made in the document. The protocol does not become invalid. Just explanations and driver signatures in it.
After drawing up the document, the driver receives its copy (Article 28.2 of the Administrative Code):
6. The physical face or legal representative of a legal entity for which the administrative offense case was initiated, as well as the victim, a copy of the Administrative Offencing Protocol.
Deadline for the Protocol on Administrative Offenses
The term of the protocol is regulated by Article 28.5 of the Administrative Code:
1. The Protocol on the administrative offense is made up immediately after the detection of the administrative offense.
2. In the event that additional clarification of the circumstances of the case or data on the physical person or information about a legal entity for which the administrative offense case is initiated, the administrative offense protocol is drawn up within two days from the date of detection of an administrative offense.
3. In the case of administrative investigation The administrative offense protocol is drawn up at the end of the investigation within the deadlines provided for in Article 28.7 of this Code.
In practice, in violation of the rules of the road, the first item of the article is commonly used, i.e. the protocol is made up immediately. However, if necessary, drawing up may be postponed.
Appeal of the Administrative Offense Protocol
The preparation of a protocol on an administrative offense initially provides for the possibility of its appeal.
However, if you are going to appeal the document, you will be able to work immediately:
SecondlyFill in the "Driver's Explanations" field. First, write in it the phrase "disagree". After that, write how it really was. In conclusion, write that you have photos, audio and video recording from the event.
Also, do not forget to figure out empty places in the protocol to eliminate unauthorized addition of information.
ThirdlyPrepare for the disaster in the traffic police (or to the court). Once again, carefully analyze the situation. Print items related to it. Check the correctness of the protocol, look in it possible mistakes Fill.
If you feel that the protocol does not work independently, please contact a competent lawyer or describe the situation on the PDDClub.ru forum. Perhaps experienced people will be able to pay attention to those moments that were missed by the driver.
In conclusion, I want to note that the protocol is not so difficult to challenge. The main thing to be ready for such developments of events and timely start collecting evidence in your defense.
Good luck on the roads!
Hello 25.06.16 A protocol for the management was drawn up in a non-sober form I signed it all and gave explanation that I drank but in the protocol, the name of the DPS officer was not indicated if it is possible to appeal
Good luck on the roads!
hello. Please tell me 04.06.2016 the protocol was drawn up under Article 12.8.Ch2. And the hearing was appointed only on 11.11.2016 because the statute of limitations have already passed possible by the decision to deprive rights
The statute of limitations on this article is one year.
vladimir-200
Tell me, I have an article 12.26 h 1. There were 2 courts, at the court when interrogation of DPS employees was asked a question from the judge. Did I breathe into the phone in place? They answered yes breathing but bad. The question is what I have in the Protocol in the Protocol point, there is no inspection act in place and it is not at all it did not start, there is no number of the act of medical examination, although this act is in the case but where there should be a number in the act written without a number. And in the same graph, the number of the protocol on the detention of the vehicle, but the administrative offense protocol was drawn up in 21-45 minutes and the protocol on the detention of the vehicle was drawn up at 22-20min. And in points of witnesses and the victims are not understood. Tell me what benefit can you extract from these shortcomings or are they minor?
Good luck on the roads!
Hello - if I do not agree with the protocol - then you should then go to parsing or in court? And if the protocol, with which I do not agree, is far from home? Will you then do not even go for hundreds of kilometers?
Alexey-240.
A petition for consideration of an administrative offense case at the place of residence on a separate sheet will appear.
In the case of a statement of a petition for the direction of the case to consider it at the place of residence in drawing up a protocol, such a petition is submitted to the Protocol.
and in the name of whom to write a petition - if you do not know who the judge is his name and so on? And if they guide even at the place of residence - the traffic cop will have to come to me on the analysis?
Igor, try to call the specified court and find out, on whose name to write a petition.
The likelihood that the traffic police officer will come at the place of your residence, quite small. That is why things are usually transferred at the place of residence, because Win it is easier.
Good luck on the roads!
Hello! Help bring the problem. After drawing up the protocol, drunk driving using 250 grams of vodka, DPS employees did not arrest the car, and advised to sit at hell and continue the movement. This is a violation
Novel, Hello.
For what reason are the police refused to evacuate the car? With the indicated violation, the car should send to the specialist.
Did you have any difficulties due to the fact that the car was not taken?
The DPS inspector during the preparation of the protocol did not ask if I work, and I myself indicated that I did not work. Whether this is the basis, recognize the protocol is not correctly compiled.
hello. There was a stopped DPS for a temporary overtaking sign banned with departure on configured stripe (It was the dotted line of divided). Summary from the car gave the documents and after a minute they gave them back with the words "goodbye". Review: 1. Can they draw up in absentia, write well and type "from the signature"? 2.If Used the protocol all the same amounted to whether I had to say about it in the traffic police department? I was only a certificate in the traffic police, there were no fines and is not deprived of rights, about this violation did not say anything.
NovelThe probability of challenge the penalty for the reason you indicated is extremely small.
Good luck on the roads!
Alexander-601.
Hello the question is such a refused medical examination. The date of the court was appointed .. but not waiting for the court caught a drunk in the end two violations and two protocols. Please tell me what punishment is waiting for me?
Alexander, Hello.
There will be 2 independent punishments: under part 1 of article 12.26 and under part 1 of article 12.8. In the amount of 60,000 rubles fine and from 3 to 4 years of deprivation of rights.
Good luck on the roads!
Stanislav-38.
This situation is: I refused to examine. Subsequently, I fell asleep on the video as a traffic police officer fills a clean protocol in which the signatures are already understood that at that time have already left. Subsequently, with the original of this protocol, I was not familiarized with me. According to the copy, I refused in the protocol. Maybe this is a reason for the cancellation of this protocol and return to me right.
Stanislav-38.
Above the text filmed
Good luck on the roads!
Good day! I started overtaking on the intermittent line, drove on the head of the oncoming movement through the intermittent, and the maneuver had to finish it through solid. So approves the traffic police officer, I don't remember exactly, I just started the maneuver on the intermittent. An employee showed me a record of the registrar from the traffic police machine (I don't understand anything there). The employee also compiled a diagram that I refused to sign, since I was not sure about its accuracy. The DPS officer immediately did not introduce himself, the documents did not prevent. Stopped witnesses, witnessed that I refused to sign the scheme. Compiled a protocol, where I indicated that the line was intermittent, and there was a strong fog. He said that the court will be and the question of deprivation of rights from 4 to 6 months. Did no sleep that I did not sign the scheme loudly at my witnesses said that adequate people who recognize the violation, he sends to the duty part, which has the right to write out only a fine, and since I am inadequate - I do not recognize the violation, I will send me to walk on foot. I said that with a violation I agree if it was really confirmed on the video, but I'm not sure about the scheme, since they have a video, let the court relies on video. The protocol was in the protocol not specified the registrar number and the recruitment date of the recorder. But in the section "To the Protocol is attached" it is written that the scheme and video is attached. In the section "Location and time of consideration of an offense" is written: mine .... district, village, ... Battalion DPS, date, time. What to do, what to expect, in what form will be a call to court, or should I go to this DPS battalion at the specified time ?? On the traffic police website no fines by my car / right number I do not find - how soon there should be any information there ??? Thanks in advance for any advice and advice. I rarely break, what to wait - I do not know.
Olga, Hello.
As far as I understand, you have no confirmation that the overtaking was finished through intermittent.
In this case, it makes sense to go to court and repent there in violation. This will be the judge will be able to choose a penalty in the form of a fine instead of deprivation of rights.
Good luck on the roads!
Dmitry-420.
Hello! I was stopped by a traffic police officer, somewhere by calling, he suggested that I drive to honey. Intelligence, but I refused. He drawn up a protocol as it should be with understood, on the camera, I was signed everywhere ... But he made a mistake in the place of my birth, but from the bottom made me write that I was familiar with these fixes and agree, plus painting. It seems that everything is waiting for the court. Begins calls with the requirement to come to the traffic police to remake the protocol, allegedly they cannot transfer the case to the court because of this error ... Question.
Each violation of traffic rules detected by the traffic police inspector or fixing cameras entails administrative sanctions. To impose a penalty in the form of a fine or deprivation of rights, it is necessary to issue primary document The offense is a protocol on an administrative offense.
In this review, we will tell you what should contain a document on an administrative offense and which requirements for its design provides for the COAP of the Russian Federation.
What is an administrative offense protocol
Treatment procedure K. administrative responsibility Provides a number of mandatory procedural actions. This list includes a protocol on an administrative offense. The protocol form is filled in the fact of violation of the law or other regulatory acts and contains all the circumstances of the offense:
- place and time of the offense;
- information on violating legal norms;
- facts, arguments and circumstances that are important for the qualifications of the offense and purpose of punishment;
- the rate of law that a citizen violated or a legal entity.
Note! The protocol cannot contain the conclusion about the fault. Such a conclusion will be done after evaluating all the case materials in the decision.
Is the protocol on an administrative offense are always compiled? Per separate species It is allowed to make oral remarks - if the disorder is insignificant or irrelevant. However for violations of traffic rules This rule is not applicable, since each offense entails sanctions in the form of a fine or deprivation of rights.
Who is entitled to make a protocol on an administrative offense? Depending on the nature of the violation and the type of illegal behavior, the identification of violations will refer to the competence of various services and departments. In the field of road safety, authorities and officials of the Ministry of Internal Affairs are endowed with such powers. Consequently, in violation by the car owner of the traffic rules, the procedural document will be compiled by the traffic police inspector or other official of this service.
Grounds for drawing up an administrative offense protocol
The basis for the compilation of the protocol form is to identify the fact of violation of traffic rules. This happens as follows:
- when issuing documents on the results of an accident - in this case, the inspector can fix the blame of several persons at once;
- when checking documents and vehicles on the road, in stationary or departure posts of the traffic police;
- based on the information obtained using photo and video and video cameras - for example, a violation speed \u200b\u200bregime, non-compliance with parking rules, etc.
Note! When stopping on the road or fact of accident The protocol is drawn up in the presence of a car owner. This allows you to immediately use various protection options - call a lawyer, to put in a document of objections and additions.
The grounds for the preparation of protocol forms must comply with the law. If there will be a violation when considering the case file procedural norms, in the appointment of punishment will be denied. Therefore, the administrative offense protocol is drawn up with reference to specific provisions of laws, regulations.
The place of drawing up a protocol on administrative offense
As a rule, the place of drawing up an administrative offense act corresponds to the place of revealing offense. For example, when detention of the intruder on the road when the speed is exceeded, the inspector will immediately be all procedural documents. However, other options are allowed by law:
- an administrative offense protocol is allowed within 15 days after the detection of the alleged misconduct, which makes it possible to arrange a document at the location of the traffic police department - for example, an examination is required to identify violations in the machine design;
- to bring to justice on records of fixation cameras, documents are issued in the centers of automatic processing of the Ministry of Internal Affairs - respectively, all documents will be drawn up in the corresponding department of the Ministry of Internal Affairs or the traffic police.
Note! Regardless of the place and time of drawing up documents, it is necessary to carefully describe the actual location of the offense - a kilometer of the highway, the street and the house number, etc.
Requirements for the compilation of the Administrative Offense Protocol
The procedure for the preparation of an administrative offense document was regulated by the Administrative Code of the Russian Federation. We highlight the basic requirements that should be respected by an official or body of the traffic police in the design of protocol forms:
- only a person endowed with relevant powers can be procedural documents - for example, the traffic police inspector must be in the performance of official duties;
- documents should be drawn up in the form approved by law or other regulatory act;
- each protocol must have mandatory attributes - the date and number of the document, the explanation mark procedural law etc.
Note! With the content of procedural forms compiled directly at the wrong place, a potential intruder must be familiar. About acquaintance with the text of the document or a refusal to such right should be made.
Even if the fact of violation is obvious, and confirmed by evidence, violations in drawing up a protocol on an administrative offense will entail a refusal to assign sanctions. Such violations of the lawyer or lawyer can be used in the formation of protection tactics in the case.
Rules and procedure for drawing up a protocol on administrative offense
The procedure for compiling protocol forms will be standard every time violation of road rules. If the fact of violation of the rules is detected when stopping on the road or when calling on place of accidentThe following data is specified in the form text:
- series and document number;
- the place of identifying violations and filling the form;
- information about the official or body - the title, registration of the registration token, personal data of the DPS officer, etc.;
- information about the driver, his driver's license;
- automatic registration data;
- information about the OSAGO policy (if the protocol on an administrative offense occurs according to the results of an accident);
- circumstances are misconduct - which rule of the traffic rules is broken, what is the violation of the circumstances of the incident, the composition participants of the accident etc.;
- scene schemes, if necessary for punishment;
- mark on clarification by the driver of the procedural rights, about familiar with the content of the document;
- a list of objections and additions submitted by the driver and / or his representative;
- signature official with decoding.
Note! The administrative offense protocol is signed by a person who was. It is unacceptable to transfer the authority of the Ministry of Internal Affairs or traffic police that did not endowed with the relevant powers.
The document number must comply with the traffic police registers. When patrolling roads, either when issuing documents in stationary posts, the DPS officer receives the shame of strict reporting with the printed numbers. Violations can be issued only on such blanks that have mandatory attributes.
Requirements for the compilation of an administrative offense protocol will be slightly different if the basis is the record of fixation cameras:
- to the protocol forms, you need to attach the printed frame of the recording, which will be captured by the fact of violations and registration data of the machine;
- under the design of the document, the car owner does not participate, so there is no signature in the text of the form;
- objections and additions to such a document can only be submitted in the form of appeal - this driver gives 10 days from the date of receipt.
Regardless of the nature and type of violation, the procedure for issuing procedural forms provides for the right to defense. The car owner can independently protect his rights or involve a lawyer and lawyer to participate in the case. Failure to admit a lawyer is a violation of the law and entail recognition of documents unacceptable.
Summary
The rules for registration of the Administrative Offense Protocol are provided for by the Code of Administrative Offenses of the Russian Federation. This document is filled with the detection of traffic rules on the road, after an accident or according to the fixation chambers. In the content of the form Mandatory data must be specified - Series and number, date, information about the official, the essence of the misdisons, etc.
If you have any questions about the procedure for compiling procedural protocolsYou can ask them to our lawyers. You can quickly get advice by phone or through the form of feedback - these details are indicated on our website.
ATTENTION! In connection with recent changes In the legislation, the information in the article could endure! Our lawyer will consult you free - write in the form below.
Quite often began to meet such a concept as an administrative offense. It, as a rule, can be revealed during the inspection by the authorities state control. According to its results, the protocol is drawn up. Consider in more detail what is administrative violation And what are the timing of drawing up a protocol on an administrative offense.
Causes of terrorism
The Code of Administrative Offenses of the Russian Federation refers to the number of reasons the following facts:
- Detection by persons who have the authority to compile acts of such violations, the necessary data indicating the presence of a violation.
- Receipt from law enforcement agencies, government agencies, public organizations of materials that prove the fact of violations.
- A message or statement of persons, a message in the media that contain data indicating the fact of the violation.
- Registration of violations at the site of the road or in the area of \u200b\u200bthe territory of the territories, which provide for the legislation committed by a person with the help of a vehicle or structure equipped with means that can take pictures and lead video recording.
- Confirmation of the data specified in the statement of a person who owns vehicle Or the object of real estate mentioned above, that transport or property object was at the time of fixation among another person.
The case is considered open
The Code of Administrative Offenses of the Russian Federation considers it open, if the following events occurred:
- Written a document inspection document where the violation occurred.
- The first act of the use of the case on the case is compiled.
- A certificate of violation was drawn up or a prosecutor's office issued a decision on the opening of the case on this fact.
- The definition of the discovery of a violation of the investigation is made in accordance with the conditions of law.
- Resolution was issued on the fact of the case under consideration on the appointment of punishment without writing the protocol.
If in the opening of the case on the offense in the provision of all necessary materials was denied, then executivewhich considers all the facts and materials provided, should make a motivated definition on refusal to open the case.
Compilation of Act
- If the offense happened in the case provided for by Article 12.24 or Part 2 of Article 12.30 of the Administrative Code and it entailed causing light or average harm to the health of the victim.
- Compilation occurs immediately after establishing the fact of violation.
- The inspection of the disorder is carried out by officials who are legally allowed to draw up protocols in the presence of two witnesses.
- The document needs to specify the number, the place of writing, the props of an official, information about the violation, information about witnesses and affected, other information necessary to compile an act.
- In an inspection certificate where an administrative offense occurred, should be described:
- The actions of the proper person who is authorized to draw up protocols to identify this fact in the order of its work.
- The condition and quality of the road surface, the presence of markup, proper lighting or its absence of that part of the road on which the offense is established.
- View of the intersection, which recorded the fact of the administrative offense, the operation of the traffic light, the presence of signs.
- Other circumstances that are essential to clarify the fact of violations.
- The persons and their statements are listened to those who participated in the production of inspection.
- Persons who participated in writing the Protocol on the Commission of Administrative Offenses are explained by their rights and obligations, stipulated by law. This fact is fixed in the protocol.
- The document needs to capture the fact of photographing and video, if any, as a method for fixing material evidence. Such materials are applied to the case.
- Signatures in the protocol are put by authorized persons and those who participated in the inspection of the offense place.
Disadvantages of Protocol
The main disadvantage of the protocol can be called the absence of data specified in paragraph 2 of Article 28, as well as other information, depending on their significance in relation to a specific administrative case.
For example, the lack of information about the ownership of the face of the language on which the case is instituted, as well as the provision of a translator.
Dates of compilation
The deadlines for drawing up a protocol on an administrative offense are provided for by Article 25.8 of the relevant Code of the Russian Federation. The following is indicated here:
- The protocol must be immediately after identifying an event with a violation.
- The document is drawn up within a few days from the moment of discouraging, if this requires an explanation of additional circumstances or data of specific persons in respect of which this case is initiated.
- The protocol may be compiled after an administrative investigation, the timing of which is stated in Art. 27.7.
Accordingly, the last part of Article 28.5, the limitation period for the preparation of a protocol on an administrative offense is limited to the time of the investigation, which is 1 month.
Immediate compilation of protocol
Given the information of Article.28.5 of the Code of Administrative Code of the Russian Federation with comments, immediately an act of an administrative offense is drawn up if:
a) There are all the necessary information for the permission of the case.
b) The authorized person owns all the information and materials admitted to the case.
When it takes time
Considering Article.8.5 of the Code of Administrative Offenses of the Russian Federation with the latest changes, information that finds out for 2 days includes:
- Information on some circumstances that mitigate or aggrees the responsibility of the offender, or prove the increasing importance of the violation.
- Information about the person who committed an offense. This includes standard details, a place where the intruder works, his position, the address on registration and the actual place of residence, the family status, the presence of dependents, the presence of criminal record, the amount of income, etc.
- If the offender is legal, then the basic information will be: INN, OKPO, organization name, actual and legal address, settlement accounts.
The deadlines for drawing up a protocol on an administrative offense can reach up to 2 days, because the authorized person will need to make requests to tax authorities, ATS, at work and to other institutions, data from which can be attached to the case. At the same time, in some cases, administrative detention of the face is possible until the circumstances are clarified.
Based on the data in Article 28.5 of the Administrative Code of the Russian Federation, the time interval in which the protocol can be drawn up may stretch to six months. This is due to the fact that there may be a need to conduct an investigation that lasts up to a month or two (if a petition for extending the deadlines).
And if the violation led to causing harm (lung or medium), then just a deadline for the preparation of the protocol on an administrative offense stretch for six months.
Signing and submitting a document
The signing and presentation of the protocol on violation also regulates the CCAM. The term of the protocol on an administrative offense is not violated, all the information collected? So you can sign this document.
Signature in the protocol must put authorized person, as well as a person against which the case is initiated. If this is a physical, then the signature is raised directly by this person. If the person is legal, then either them, or his legal representative.
After the written signatures, the copy of the act is transmitted to a receipt to the offender and the victim.
You need to know that the right of signature, as well as the right to receive a copy of the Protocol, neither lawyers nor lawyers nor the representatives of the progressive side. They are not legal representatives.
In practice, it is often a question about appealing the act. So, it is impossible to appeal to appeal the document itself, because he only fixes the fact of violation. If a citizen in respect of which the case opens, does not agree with the specified facts or provided by materials, it may court session Disprove the circumstances specified in the protocol, provinging their right.
And what if there was a violation of the term of drawing up a protocol on an administrative offense? If the violation of deadlines is proved and recognized, then you cannot attract a person to administrative responsibility for violation.
Consideration of the case
Within 3 days, the Protocol on the offense must be transferred to the judge for consideration. The document is transferred to the court immediately after writing, if:
- Administrative punishment involves the arrest of a person or his expulsion.
- A measure of administrative punishment in the form of a temporary prohibition on activities was applied.
Administrative bodies that have the right to compile an act on an administrative offense are listed in Article 28.3 of the Code, the bodies that may consider the cases of offenses are indicated in chapter 23.
The administrative offense is indicated by the date and place of its preparation, the position, the name and initials of the person who has made a protocol, information about the person in respect of which the case of an administrative offense, surname, names, patronymic, addresses of the place of residence of witnesses and victims, if there are witnesses and The victims, the place, time of the commission and the event of the administrative offense, the article of this Code or the law of the subject of the Russian Federation, providing for administrative responsibility for this administrative offense, an explanation of an individual or legal representative of a legal entity in respect of which the case has been initiated, other information necessary to solve the case .
3. In drawing up a protocol on the administrative offense, the physical person or legal representative of a legal entity for which the administrative offense case was initiated, as well as other participants in the proceedings, their rights and obligations provided for by this Code are explained what is being recorded in the Protocol.
4. The physical person or legal representative of a legal entity for which the administrative offense case was initiated, the possibility of familiarizing with the Administrative Offencing Protocol should be provided. These individuals are entitled to submit explanations and comments on the content of the protocol that are attached to the protocol.
4.1. In the event of a non-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, if they are notified in the prescribed manner, the protocol on the administrative offense is drawn up in their absence. A copy of the protocol on an administrative offense is directed to the person in respect of which it is drawn up, within three days from the date of the compilation of the specified protocol.
5. The Administrative Offense Protocol is signed by an official, which made it, an individual or legal representative of a legal entity in respect of which an administrative offense case was initiated. In case of refusal specified persons from the signing of the protocol, as well as in the case stipulated part 4.1 this articleIt makes the appropriate entry.
6. The physical face or legal representative of a legal entity for which the administrative offense case was initiated, as well as the victim, a copy of the Administrative Offencing Protocol.
Return to the category of document: Code of the Russian Federation on Administrative Offenses (Administrative Code of the Russian Federation) in the current edition
Oleg Litvinov,
lawyer (experience of JUR. Practices - more than 7 years)
ATTENTION!!!
This article does not consider cases of poaching!
The view presented in this article is the legal position of a certain lawyer, which can not radically coincide with the opinion of judges and other authorized representatives. government agencies. This article does not pursue the goal to impose someone's opinion and does not incite any actions.
MR OO "ADDKS" opposes violation of current legislation, but we all tend to make mistakes, both officials officials authorized to compile protocols on administrative offenses authorized to consider cases of administrative offenses and us: underwater hunters, freedivers, divers, and also Fishermen, hunters and tourists.
The purpose of this article is to facilitate the objective consideration of cases of administrative offenses and prevent the peculiarity of officials in relation to citizens who carry out their right to rest.
Famous underwater hunter, journalist, writer, captain 1 Rank retired, Member of the United States Council of the Russian Federation of Underwater Fisheries - V.I. Vinogradov prepared a very good "memo to the Russian underwater hunter" (see the link to the address -), in which the delivered tips are given and the necessary excerpts are given from regulatory acts, so I do not try to "arouse an immense", but I bring to your attention the most basic rules which should be followed in drawing up a protocol on an administrative offense:
1. If you do not agree with a violation, its classification or simply doubt that the offense committed:
in obligatory We introduce the protocol phrase: "I do not agree with the protocol. Administrative offense did not commit. Requires a lawyer help " .
At the same time, it is not necessary to refuse to fill and sign up the protocol, as this is not an obstacle to its design, but it is very important to indicate that you do not agree with the protocol and you have not committed.
2. Without legal education and legal practice on administrative offenses, it is very difficult when drawing up a protocol to give legally competent and actually correct explanations.
It is also important to understand that Protokol. On the administrative offense only fixes the offense, And the consideration of an administrative offense case will occur later with the issuance of a procedural solution in the form of Decisions.
Therefore, there is a simple rule: the smaller you tell the protocol, the greater the chances that the lawyer (defender) at the point of consideration of the case will be able to protect your rights and legitimate interests.
Yes, and you, after some time, coming to yourself from excitement and having studied the regulatory framework, you can better spend your defense.
Consequently, when drawing up the protocol is not worth "Lay on a playing table all your trump cards". For this, it will come again at the stage of consideration of an administrative offense case.
In this way, in the column protocol "Explanation" I recommend to write: "I am in an extremely excited state, I can not give the testimony. Requires the help of a lawyer. "
3. P.relation of the protocol should be clarified, provided for art. 25.1. COAP.
If the official verbally did not explain article 25.1 of the Administrative Code, it is necessary in the column protocol: "With the protocol introduced", make the record of the following content: "Rights not explained " . Do not ask the decoding themselves.
4. When an official transmits you a protocol for filling, ask him: "B. will there be more recorded in the protocol? " .
In the case of an affirmative answer, return the protocol to the official to complete the fill.
Having receivedin the hands of the protocol, you need to read it carefully.
5. If the violation occurred away from your place of residence, you are in accordance with fromtatture 29.5. COAPyou have the right petition (ask) about considering the case in their place of residence.
For this in the column:
"The place and time of consideration of the administrative offense" next to the place specified by the official should be written by the phrase:
"I ask you to send a protocol to consideration at the place of my residence" .
6. In the column of the Protocol: "Witnesses":
If the official did not fill it, boldly put a big Z.;
If the witnesses are made, and you do not observe them - require you to imagine them;
In case of their presentation - check the compliance of their documents, the information set out in the protocol;
Create to enter a protocol as witnesses to persons who can confirm your rightness (if any).
In accordance with S. articles 25.6 Administrative Code As a witness in the case of an administrative offense, a person can be caused by the circumstances of the case to be established (including close relatives).
If an official refuses to enter into a protocol of persons who can confirm your rightness, claiming that they are supposedly "interested persons", enter them into the protocol in the column: "Explanation" indicating Fm.o. and accommodation addresses.
7. After your filling yourself, separate the copy of the protocol and put it in your pocket, give the original to the protocol.
The official does not have the right to make any additions after your signature of the Administrative Offense Protocol .
Practice shows that such seemingly simple rules not respected by persons involved in administrative responsibility, which is involved for them negative consequences In the form of illegal attraction to administrative responsibility.