New edition Art. 12.34 COAP RF

1. Failure to comply with security requirements road during construction, reconstruction, repair and maintenance of roads, rail crossings or other road facilities or failure to measures on the timely elimination of interference in road traffic, on the implementation of temporary restriction or termination of movement vehicle In some areas of roads in cases, if the use of such sites is threatened by road safety, -

shut down administrative fine on officials responsible for the condition of roads, railway movements or other road structures, in the amount of from twenty thousand to thirty thousand rubles; On legal entities - from two hundred thousand to three hundred thousand rubles.

2. The same actions resulting in the causing lung or middle severity harm to the health of the victim, -

the imposition of an administrative fine on officials responsible for the state of roads, railway crossings or other road facilities, in the amount of fifty thousand to one hundred thousand rubles; On legal entities - from four hundred thousand to five hundred thousand rubles.

Notes:

1. Under causation easy harm Health should be understood by a short-term health disorder or a minor resistant loss of overall working capacity.

2. Under the causation of the average severity of harm to health, it is necessary to understand the long-term disorder of health or a significant resistant loss of overall working capacity of less than one third.

Commentary on Article 12.34 Administrative Code

1. The object of the offense is the safety of road traffic, road rules, road safety rules and road structures.

In accordance with the Federal Law of December 10, 1995 N 196-FZ "On the safety of the road" Repair and maintenance of roads in the territory Russian Federation Must ensure road safety. Compliance of the state of roads, standards, technical standards and other regulatory documentsrelated to ensuring road safety certified by acts of control inspections or surveys of roads carried out with the participation of the relevant authorities executive power. The obligation to ensure compliance of the state of roads after repair and in the process of operation of established rules, standards, technical standards and other regulatory documents is assigned to the Ministry of Transport of Russia.

2. The objective side of the offense is expressed in violation of the rules for carrying out the repair and maintenance of roads, railway movements or in the failure of measures for the timely elimination of interference in road movement, prohibiting or restricting traffic in certain areas of roads, if the use of these areas is threatened by road safety.

3. Subjective side The offense is characterized by fault in the form of intent or negligence.

4. Citizens, officials, officials are recognized as subjects of the administrative offense. legal entities.

Another comment to Art. 12.34 Code of the Russian Federation on Administrative Offenses

1. The object of the offense is the safety of the road, the life and health of citizens, the rules of the road, the rules for the protection of roads and road structures.

2. The objective side of the offense is characterized by action (inaction) and is expressed in violation of the Rules: a) carrying out the repair and maintenance of roads, rail movements or other road structures in a safe condition; b) either in the defeatment of measures to the timely elimination of interference in road movement, prohibiting or restricting road traffic in certain areas of roads in case the use of such sites threatens the safety of road traffic. For example, a person is inactive, which during repair did not designate the signal or emergency signs Plots threatening road safety.

The norm under consideration is a blanket. Specific manifestations of the offense under consideration general Sends to the rules for the protection of roads and road structures, therefore, in each case, it should be established as a rule is broken. By legal construction The offense forms a formal composition, is considered to be completed from the moment the rules violation.

(Administrative Code Remedies 2018-2019)

Administrative Offenses Code

Article 12.34. Failure to comply with road safety requirements during construction, reconstruction, repair and maintenance of roads, railway movements or other road facilities

(as amended. Federal Law from 07.03.2017 N 26-FZ)

1. Failure to comply with the safety requirements for the construction, reconstruction, repair and maintenance of roads, railway movements or other road facilities or failure to make measures to the timely elimination of interference in road traffic, on the implementation of temporary restriction or termination of vehicles in certain areas of roads in Cases, if the use of such sites is threatened by road safety, -

entails the imposition of an administrative fine on officials responsible for the state of roads, railway crossings or other road structures, in the amount of from twenty thousand to thirty thousand rubles; On legal entities - from two hundred thousand to three hundred thousand rubles.

2. The same actions that caused the causation of a lung or moderate harm to the health of the victim -

Notes:

1. Sub causing light Harm to health should be understood by a short-term disorder of health or a minor resistant loss of overall working capacity.

	(next) -\u003e

We draw your attention to the fact that this decision could be appealed in court higher instance And canceled

Eleventh Arbitration Court

The operative part of the decision was announced on March 11, 2013.
Resolution in full was manufactured on March 18, 2013.
Eleventh arbitrator court of Appeal As part of:
The presiding judge Filippeova EG, judges Yutkina A.A., Kuzvinova V.E.,
When conducting a trial of the court session Ivanovo A.I., with participation:
from CJSC "Enterprise of Heat Networks - Service" - the representative did not appear, was notified,
From the Ministry of Internal Affairs of Russia in Samara - Representative of Parensky A.V. (power of attorney of July 20, 2012),
examined in open court session March 11, 2013 Appeal complaint of the Ministry of Internal Affairs of Russia in Samara
To the decision of the Arbitration Court of the Samara Region dated December 5, 2012 in case No. A55-28369 / 2012 (Judge Stepanova IK), adopted at the request of CJSC "Enterprise of Heat Networks - Service", Samara, to the Ministry of Internal Affairs of Russia for Samara, Samara,
Declarement of illegal and cancellation of the decision of September 05, 2012 63 AA 096415 in the case of an administrative offense under Art. 12.34 Administrative Code,

installed:

Closed joint-stock company "The enterprise of thermal networks - service" (hereinafter - CJSC "PTS-SERVICE", Society, the applicant) appealed to the Arbitration Court of the Samara Region with a statement of recognition of the illegal and cancellation of the Decree of the Ministry of Internal Affairs of Russia in Samara dated September 05, 2012 63 AA 096415 The case of an administrative offense, which the applicant is attracted to administrative responsibility under art. 12.34 Code of the Russian Federation on Administrative Offenses (hereinafter - the Administrative Code of the Russian Federation) for non-compliance with the requirements for ensuring road safety during the repair and maintenance of roads.
By the decision of the Arbitration Court of the Samara Region dated December 5, 2012, the disputed decision of September 05, 2012 63 AA 096415 is recognized as illegal and canceled on the grounds that the organization serving a housing fund is not an entituit for administrative responsibility provided for by Art. 12.34 Administrative Code.
In the appeal of the Ministry of Internal Affairs of Russia in Samara asks the court decision to cancel, take the new judicial act about refusal to satisfy the requirements announced by the Company, referring to the presence of managing organization In implementing the external improvement (repair and restoration of destroyed sections of sidewalks, messshesteok, fences), the prognosis of the case of the fact of the fact of the applicant of the imputed offense and its guilt.
The case is considered in accordance with the requirements of Art. 156 Arbitration procedure Code The Russian Federation in the absence of the applicant's representative, properly notified of the time and place of the trial.
At the hearing, the representative of the Ministry of Internal Affairs of Russia in Samara supported the arguments appeal complaint, requested a court decision to cancel, refuse to satisfy the statement.
After checking the case file, after hearing the explanations of the Ministry of Internal Affairs of Russia in Samara, the Arbitration Court of Appeal believes that the convened judicial act should be canceled in connection with the incorrect application of substantive law.
As follows from the materials of the case, the State Inspector of the Department of the DN OGIBDD of the Ministry of Internal Affairs of Russia in the city of Samara Captain Police by Alexandrov A.V. During the implementation of everyday supervision over the state of the street-road network of the Urban district of Samara on the street Soviet army In the area of \u200b\u200bthe house N 135 August 29, 2012, damage to the road surface was revealed, which did not meet the requirements of GOST R 50597-93 "Automobile roads and streets. Requirements for the operational state, admissible under the conditions for maintenance of road safety" and representing the danger to road participants. In particular, a road coating defect was revealed in the form of a pothole 2.0 m x 1.5 m, the depth of 0.12 m.
These circumstances indicate a violation of the rules for the maintenance of the courtyard of the house N 135 on the street of the Soviet Army in terms of ensuring the safety of the road traffic, which was expressed in the defendant to the timely elimination of interference in road traffic on the roadway designated courtyard.
These circumstances were the basis for compiling on August 31, 2012 in relation to the Company of the Administrative Offenses Protocol 63 AA 186795 on the fact of the administrative offense committed by Art. 12.34 Administrative Code.
The administrative body of September 5, 2012 was issued a contested decree N 63AA096415 on the involvement of the Company to administrative responsibility under Art. 12.34 COAP of the Russian Federation in the form of an administrative fine of 20,000 rubles.
According to Art. 12.34 of the Code of Code of the Russian Federation Failure to comply with road safety requirements during the repair and maintenance of roads, rail movements or other road facilities or failure to make measures to preime in road traffic, prohibit or restrict road traffic in certain areas of roads in case the use of such sites is threatened Road safety, entails the imposition of an administrative fine on legal entities in the amount of from twenty thousand to thirty thousand rubles.
The subject of the offense, the responsibility for which is provided for by this article are both officials responsible for the condition of roads, rail movements or other road facilities and legal entities, regardless of the forms of ownership, authorized to implement the content and repair of objects of objects. Road bodies and organizations in which roads are underway, are obliged to contain them in a state providing secure Conditions For road traffic, take measures to improve their operational qualities, eliminate interference to move, ensure traffic safety in places of repair work.
Article 26.1 of the Administrative Code of the Russian Federation stipulated that in the case of an administrative offense to be clarified the existence of an administrative offense event, his face committed, his fault. These circumstances are subject to evidence in the manner determined by Chapter 26 of the Administrative Code of the Russian Federation.
The court of first instance came to the conclusion that CJSC "PTS - Service" is not subject to the administrative offense based on the following.
In justifying its position on this issue, the administrative authority refers to the management contract apartment house On March 1, 2010, a prisoner between the Company and the Department of Property Management of the Urban District of Samara, under the terms of which, the management organization is obliged to organize work to eliminate the reasons, emergency situationsleading to the threat of life, health of citizens, and in accordance with the list mandatory work and services for the maintenance and repair of common property (Appendix N 1 to the Agreement) to carry out work on external improvement, including road pavements. However, society in accordance with the agreement mentioned undertakes to provide services for the management of common property in an apartment building, to carry out work on the proper content and the current repair of common property in an apartment building, ensure the provision communal services Owners of residential premises, to carry out other aimed at achieving the management goals of an apartment house, activities.
In paragraph 1.2 of the Rules of the Road Movement of the Russian Federation, it was determined that the road is equipped or adapted and used to move vehicles or the surface of the artificial structures. The road includes one or more passage parts, as well as tramways, sidewalks, curbs and separation stripes if available.
The possibility of moving vehicles in residential areas, established restrictions for the specified movement are settled in section 17 rules of the road traffic of the Russian Federation.
In particular, from the title section of the Rules of the Road Movement of the Russian Federation, it follows that the residential area may include both sidewalks and a driving part; Pedestrians who have an advantage in motion should not create unreasonable interference to move vehicles; The requirements of this section also apply to the courtyard territories.
According to clause 3.6.1 of the rules and norms technical exploitation housing Fund, approved by the Resolution of the Gosstroy of the Russian Federation of September 27, 2003 No. 170, cleaning sites, gardens, courtyards, roads, sidewalks, courtyard and intra-road travel areas should be carried out by the Housing Fund servicing organizations; The sidewalks are allowed to be removed by specialized services.
This rule rules are contained in section 3.6 "Cleaning of the local area. Organization of cleaning of the territory", from which it follows that yard and intra-quadruple drives are part of the local area, which, due to the provisions of Article 36 of the Housing Code of the Russian Federation, can be attributed to the general property of the owners of the premises in an apartment building.
The preamble to the rules and norms of the technical operation of the Housing Fund states that they determine the rules for the operation, overhaul and reconstruction of housing and communal facilities, ensuring the safety and maintenance of the housing stock, technical inventory.
In connection with the foregoing, the court of first instance concluded that the actions of the organization serving the housing fund, in relation to the local territory, courtyards, roads and intra-ordinary travel, could not be qualified under Art. 12.34 The Administrative Code of the Russian Federation, which provides for the administrative responsibility of legal entities responsible for the condition of the roads (and not legal entities responsible for the maintenance of the Housing Fund) for non-compliance with the safety requirements for the maintenance and maintenance of roads or the failure of measures for the timely elimination of interference in road traffic.
Meanwhile, the court of first instance did not take into account the following circumstances.
According to paragraph 13 of the main provisions on the access of vehicles for the operation and obligation of officials to ensure road safety, approved by the Resolution of the Council of Ministers of the Government of the Russian Federation of October 23, 1993, N 1090, Official and other persons responsible for the state of the roads are required to contain roads A safe for movement in accordance with the requirements of standards, norms and rules, take measures to timely eliminate interference for movement, prohibiting or restricting traffic in certain areas of roads, when the use of them threatens traffic safety.
In accordance with Art. 12 of the Federal Law "On Road Safety" dated December 10, 1995 N 196 Repair and maintenance of roads on the territory of the Russian Federation should ensure road safety. Compliance of the state of roads, standards, technical standards and other regulatory documents relating to road safety is certified by acts of control inspections or road surveys conducted with the participation of the relevant executive authorities.
List and permissible under the conditions of safety of motion The limit values \u200b\u200bof the performance indicators technical means Road organizations establishes GOST R 50597-93 "Automobile roads and streets. Requirements for the operational state, permissible under the conditions for ensuring road safety." All requirements of the State Standard are mandatory and aimed at ensuring road safety, the preservation of the life, health and property of the population, environmental protection.
In paragraph 3 of GOST R 50597-93, it is fixed that driving part of the roads and streets, covering the sidewalks, pedestrian and cycling tracks, landing sites, stopping points, as well as the surface of the separation strips, the rooks and slopes of the earth cannol must be clean, without foreign objects not related to their arrangement.
According to clause 3.1.1 GOST R 50597-93, the coating of the roadway should not have drawdowns, chosen, other damage that impel the movement of vehicles with the rules of road traffic.
Paragraph 3.1.2 GOST R 50597-93, the limit sizes of individual awards, elevated, etc., which should not exceed 15 cm lengths, 60 cm width and a depth - 5 cm.
As can be seen from the case file, damage to the road surface in the area of \u200b\u200bthe house 135 on the street. The Soviet Army amounted to a length of 2.0 m, a width of 1.5 m, a depth of 0.12 m. The specified road cover defect is recorded in the act of August 29, 2012 in the presence of witnesses.
In the decision of the Gosstroya of the Russian Federation of September 27, 2003, N 170 "On approval of the rules and norms of the technical operation of the Housing Fund" in paragraph 17 of Annex No. 7 "External improvement" it is indicated that the repair and restoration of the destroyed sites and sidewalks, travel, tracks, fences, and equipment of sports, housekeeping sites and sites and canopies for containers - garbagers.
Consequently, the repair and restoration of the destroyed section of the passage in this case refers to the obligations of the management company.
By virtue of Part 2 of Art. 2.1 of the Administrative Code of the Russian Federation The legal entity is convicted of administrative offense if it has been established that he had the opportunity to comply with the rules and norms, for the violation of which administrative liability is provided, but this person has not taken all the measures dependent on their observance.
Applicant servicing the above outdoor territoryThe necessary actions on the maintenance of the sidewalk are not taken, travel in proper condition, providing a safe road traffic. Evidence of adoption of all measures depending on the managing organization to properly fulfill their duties in the case file is not represented. In addition, informing organs local governments On the condition of the road cover on the territory in management, the direction of such information in any form in the address of the respective urban services did not confirm.
Under such circumstances, actions contain the composition of the administrative offense provided for by Art. 12.34 Administrative Code.
Similar conclusions are contained in the decision of the Eleventh Arbitration Court of Appeal of October 22, 2010 in case No. A55-9117 / 2010.
Resolution of the Ministry of Internal Affairs of Russia in Samara dated September 11, 2012 63 KK 289833, which Officer of CJSC "PTS - Service" (Head of the FAU N 5 - structural unit Society) attracted to administrative responsibility under Art. 12.34 COAP of the Russian Federation for the absence of road safety in the courtyard of the house 78 "b" on the street. Partizanskaya in Samara due to the lack of a hatch lid of a storm well, by the decision of the Railway District Court of Samara dated December 17, 2012 is recognized as legitimate.
Given the above, the Arbitration Court of Appeal comes to the conclusion that CJSC "PTS-Service" is the subject of an administrative offense, the responsibility for which is provided for by Art. 12.34 Administrative Code.
Based on paragraph 1, 2 h. 2 of Art. 270 Arbitration Procedure Code of the Russian Federation Court decision of December 5, 2012 should be canceled. Adopt a new judicial act, which is in satisfying the statement of CJSC "Enterprise of Heat Networks - Service" to refuse.
Based on the provisions of Art. 208 Arbitration Procedure Code of the Russian Federation Payment of state duty for consideration of applications for dispute administrative bodies About bringing to administrative responsibility and appealing decisions on this category of affairs is not provided.
Guided by Articles 269 - 271 Arbitration Procedure Code of the Russian Federation, Arbitration Court of Appeal

decided:

The decision of the Arbitration Court of the Samara Region of December 5, 2012 in case No. A55-28369 / 2012 cancel. Adopt a new judicial act.
In satisfying the statement of CJSC "Enterprise of thermal networks - service" refuse.
The decision enters into legal force from the date of its adoption and can be appealed within a two-month term in the federal court of Arbitration Volga district on the grounds, provided by part 4 of Article 288 of the Arbitration Procedure Code of the Russian Federation.

Presidency
E.G. Filippova

Judges
A.A.Yetkin
V.E.Kusthanov

Full text Art. 12.34 COAP of the Russian Federation with comments. New acting editorial With additions for 2020. Consultations of lawyers under Article 12.34 of the Administrative Code of the Russian Federation.

(The name in the editorial office entered into force on March 31, 2010 by the Federal Law of December 28, 2009 N 380-FZ
Failure to comply with road safety requirements during the repair and maintenance of roads, rail movements or other road facilities or failure to measures on the timely elimination of interference in road movement, prohibiting or restricting road traffic in certain areas of roads in case the use of such sites is threatened by road safety (paragraph in the editorial office entered into force from March 31, 2010 by the Federal Law of December 28, 2009 N 380-FZ, -
entails the imposition of an administrative fine on officials responsible for the state of roads, railway crossings or other road facilities, in the amount of from two thousand to three thousand rubles; On legal entities - three hundred thousand rubles.

(Abzatz in the editorial office entered into force on July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ; as amended by the Federal Law of July 23, 2013 No. 196-FZ from September 1, 2013.

Commentary on Article 12.34 Administrative Code

1. The objects of the offense are public relations in the field of road safety.

2. Design, construction, reconstruction, repair and operation of roads, streets and roads of cities and other settlements, railway crossings and other road facilities must comply with the established rules, regulations and standards that ensure road safety. The main requirements for ensuring road safety during the repair and maintenance of roads are established by Art. 12 of the Federal Law of December 10, 1995 N 196-FZ "On Road Safety", Rules of Road Movement of the Russian Federation, approved decree Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090 (with change and extra.). Requirements for road safety during the operation of roads are included in the GOST R 50597-93 "Automobile roads and streets. Requirements for operational state, permissible under the conditions of road safety." The specified standard establishes the requirements for road safety, road coating, sidewalks, the rooks, the state of road signs, traffic lights, markup, fences, outdoor lighting. The standard also regulates the deadlines for the elimination of the ice, the cleaning of streets and roads from snow. More fully requirements for the operational state of the road are set out in Methodical recommendations For the repair and maintenance of public roads, approved by Rosavtodor on March 17, 2004 Required requirements According to the maintenance of railway crossings, the state of the Ministry of Internal Affairs of Russia dated June 29, 1998 N of CP-566 is set forth in the state of the road traffic.

3. These acts establish the requirements for the state of the carriage of roads, the troches, pedestrian and cycling tracks; levels of coating, state of ventilation and other wells, lighting, drainage on artificial structures (bridges, overpass, etc.); Designation and equipment pedestrian crossings; artificial lighting in areas of streets and roads, etc.

Separate requirements are presented to officials in the process of manufacturing repair and other works on the street-road network.

Importance for the safety of movement has compliance with the rules, standards and standards belonging to the state, arrangement and operation of railway crossings. These norms concern the geometric elements of the road at approaches to the move, ensuring the visibility of the move, equipment of moving road signs, light and sound alarm, fences, barriers, etc.

The state standard, mandatory for the implementation of both legal and officials, includes specifications and parameters: a) covering the carriage of roads and streets; b) visibility on the roads and streets; c) road signs; d) road markup; e) road traffic lights; e) road fences and onboard stones; g) signal columns and lighthouses; h) impaired lighting.

In accordance with Art. 14 of the Federal Law "On Road Safety" and the State Standard of the Russian Federation "Automobile Roads and Streets. Requirements for the operational state, permissible under the conditions for ensuring road safety" in cases where the operating condition of roads and streets does not meet the requirements of the State Standard, they must Temporary restrictions will be introduced, ensuring the safety of motion, up to the complete prohibition of movement.

4. With the objective side of the offense, provided for in this article, are characterized by two types of compositions: 1) non-compliance with the requirements for ensuring road safety during the repair and maintenance of roads, railway crossings and other road structures in a safe condition; 2) non-acceptance of measures to the timely elimination of interference for movement, prohibiting or restricting traffic in certain areas of roads in case the use of them threatens traffic safety. These offenses can be performed both by action and inaction.

5. Established rules, standards, standards and other regulatory documents, the requirements for road safety during the repair and maintenance of roads, railway moves and other road structures must be respected by organizations, which are carried out by road, streets and roads of cities and other settlements, as well as railway crossings (Russian Railways, utilities, road-repair, road-building, road repair, road operational and some other organizations).

The subjects of the offenses under consideration are both legal and officials responsible for compliance with the rules of repair and maintenance of roads, railway moves and other road facilities, as well as for timely elimination of interference to movement.

6. The subjective side of the offenses can be expressed in the form of intent or negligence.

7. Cases on administrative offenses are entitled to consider the head of the traffic police, his deputy, the commander of the regiment (battalion, company) of the road-patrol service, his deputy, state inspector Road supervision (Art. 23.3).

Protocols on these offenses amounted to officials of the internal affairs bodies (police) (part 1, Art. 28.3), road management bodies (p. 76 hours 2, Art. 28.3).

Consultations and comments lawyers under Article 12.34 of the Administrative Code of the Russian Federation

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Solution by administrative case Case number 5-131/2017
O PREME

on the return of the protocol

on administrative offense

World judge litter № 3 of the Marx District Saratov region Braga G.A., when preparing for the consideration of an administrative offense case, examined the Protocol on the administrative offense from and the submitted materials against Kadyrbaev, Birth, to bring to administrative responsibility for committing an offense provided for in Part 1 of Art. Section II. Particular part\u003e Chapter 12. Administrative offenses In the field of road\u003e Article 12.34. Failure to comply with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road facilities "target \u003d" _ blank "\u003e 12.34 Codex of the Russian Federation on administrative offenses (hereinafter the Administrative Code of the Russian Federation)

Installed:

The magistrate of the judicial district number 3 of the Marx District of the Saratov region, 04/14/2017, the Protocol on the administrative offense of the administrative case in relation to Kadyrbaeva V.A. On attraction to administrative responsibility under Part 1 of Art. Section II. Particular part\u003e Chapter 12. Administrative offenses in the field of road traffic\u003e Article 12.34. Non-compliance with the safety requirements for road safety during construction, reconstruction, repair and maintenance of roads, rail movements or other road facilities "target \u003d" _ blank "\u003e 12.34 of the Administrative Code of the Russian Federation, compiled by an inspector of DPS OGIBDD OMVD of Russia RF in the Marx District -

Having studied the Protocol on Administrative Offenses and Materials and Materials, the World Judge believed that this material could not be adopted to the production of the magistrate on the following grounds.

Based on the provisions of part 1 of the article of the Russian Federation, ensuring legality when applying measures administrative coercion suggests not only the presence of legal grounds for use administrative punishment, but also compliance with the law by law to attract a person to administrative responsibility.

By virtue of the requirements of the Article RF, the judge in the order of preparation of the case for consideration must be established whether the consideration of this case is referred to its competence, whether a protocol on administrative offense is properly compiled from the point of view of the study of the event of offenses and information about the person who committed it, as well as compliance The procedures for registration of the protocol, whether the materials available in the case are sufficient to considerably on the merits.

In accordance with Part 1 of Art. The Russian Federation proofs in the case of an administrative offense are any actual data on the basis of which the judge, the authority, the official in the production of which is the case, establish the presence or absence of an administrative offense event, the guilt of the person involved in administrative responsibility, as well as other circumstances having Value for the correct permission of the case. By virtue of Part 2 of Art. RF This data is established, including a protocol on administrative offense, other protocols and documents.

Part of h. 2 tbsp. The Russian Federation establishes that the protocol on the administrative offense indicates 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 was initiated about the administrative offense, surname, names, patronymic, the addresses of the place of residence of witnesses and victims if there are witnesses and victims, place, time of committing and an event of an administrative offense, article of this Code or the law of the subject of the Russian Federation, providing for administrative responsibility for this administrative offense, an explanation individual or legal Representative A legal entity for which the case was initiated, other information necessary for the permission of the case.

In the meaning of Part 2 of Art. and part 2 art. The Russian Federation, contained in the Administrative Offense Protocol, information are fundamental means of proving.

According to the protocol on the administrative offense from Kadyrbaev V.A.prises to administrative responsibility under Part 1 of Art. Section II. Particular part\u003e Chapter 12. Administrative offenses in the field of road traffic\u003e Article 12.34. Non-compliance with the safety requirements for road safety during construction, reconstruction, repair and maintenance of roads, rail movements or other road facilities "target \u003d" _ blank "\u003e 12.34 of the Administrative Code of the Russian Federation, on the fact of the violation of O.P. P. 13 traffic police of the Russian Federation at 01 hour. 50 min. At the A / D Samara Volgograd M. - Failure to comply with the safety requirements for road safety during the construction, reconstruction, repair and maintenance of roads, expressed in the formation of elevation in the roadway on the roadway, use such a site increases the cost of road traffic (literally from the protocol).

According to Part 1 of Art. Section II. Particular part\u003e Chapter 12. Administrative offenses in the field of road traffic\u003e Article 12.34. Failure to comply with the safety requirements for the construction, reconstruction, repair and maintenance of roads, rail movements or other road facilities "target \u003d" _ blank "\u003e 12.34 of the Administrative Code of the Russian Federation, the administrative offense is non-compliance with the safety requirements for road safety during construction, reconstruction, repair and the maintenance of roads, railway movements or other road structures or the failure of measures on the timely elimination of interference in road movement, to implement the temporary limitation or termination of the movement of vehicles in certain areas of roads in cases where the use of road safety threatens. Sanction part 1 Art. Section II. Special part\u003e Chapter 12. Administrative offenses in the field of road traffic\u003e Article 12.34. Failure to comply with road safety requirements during construction, reconstruction, repair and maintenance of roads, of transitions or other road facilities "target \u003d" _ blank "\u003e 12.34 of the Code of the Russian Federation provides for the imposition of an administrative fine on officials responsible for the state of roads, railway movies or other road facilities, in the amount of from twenty thousand to thirty thousand rubles; On legal entities - from two hundred thousand to three hundred thousand rubles.

According to Part 1 of Art. Federal Law of December 10, 1995 No. 196-FZ "On Road Safety" Repair and maintenance of roads on the territory of the Russian Federation should ensure road safety. Compliance of the state of roads, standards, technical standards and other regulatory documents relating to road safety is certified by acts of control inspections or road surveys conducted with the participation of the relevant executive authorities. At the same time, in part 2 of this article, it was established that the obligation to ensure compliance of the state of the roads when they are kept by established rules, standards, technical standards and other regulatory documents are assigned to persons carrying out the maintenance of roads.

In paragraph 13 of the main provisions for the access of vehicles to operation, it is envisaged that officials and other persons responsible for the state of roads, railway moves and other road structures are required to contain roads, railway moving and other road facilities in a safe state in accordance with requirements of standards, norms and rules.

As follows from the content of the above-mentioned norms in their relationship with the provisions of Art. . Civil Code RF, entities of the administrative offense, provided for by Art. Section II. Particular part\u003e Chapter 12. Administrative offenses in the field of road traffic\u003e Article 12.34. Failure to comply with road safety requirements during the construction, reconstruction, repair and maintenance of roads, rail movements or other road facilities "target \u003d" _ blank "\u003e 12.34 Administrative Code are:

Legal entities who have the relevant areas of roads are on the balance sheet and are assigned to them on the right of economic management or operational management and which are obliged to maintain them in accordance with the statutory goals of their activities;

Legal persons who are balanced holders of the relevant areas of roads assigned to them on the right of economic management or operational management, for which the obligation to contain them is defined in the Charter;

Officials of these legal entities.

Organizations that carry out construction, reconstruction, overhaul, repair and maintenance of roads on the basis civil law contracts With these legal entities, as well as officials of such organizations cannot be brought to administrative responsibility under Art. Section II. Particular part\u003e Chapter 12. Administrative offenses in the field of road traffic\u003e Article 12.34. Non-compliance with the safety requirements for road safety during the construction, reconstruction, repair and maintenance of roads, rail movements or other road facilities "target \u003d" _ blank "\u003e 12.34 of the CAD, since this species legal responsibility not applied within particular relations For non-fulfillment of contractual obligations.

The materials presented by the Court do not contain information, who is responsible for the maintenance of the Samara-Volgograd m., And in the Administrative Offense Protocol in relation to Kadyrbaeva V.A. Not reflected by Kadyrbaev V.A., and what is the violation of them as an official of O.P. paragraph 13 of traffic police of the Russian Federation (as indicated by the protocol) and in connection with which this person should be responsible for h. 1 tbsp. Section II. Particular part\u003e Chapter 12. Administrative offenses in the field of road traffic\u003e Article 12.34. Failure to comply with the safety requirements for road safety during the construction, reconstruction, repair and maintenance of roads, rail movements or other road facilities "target \u003d" _ blank "\u003e 12.34 of the Code of Administrative Offenses of the Russian Federation. At the same time, based on the provisions of Part 1 of Art. Section II. Special Part\u003e Chapter 12. Administrative Offenses in the Traffic Area\u003e Article 12.34. Failure to comply with the safety requirements for road safety during construction, reconstruction, repair and maintenance of roads, railway crossings or other road facilities "target \u003d" _ blank "\u003e 12.34 of the Code of Code of the Russian Federation characterized by a special subject composition, i.e. The subject can only be a person who is responsible for the establishment of road risk, detention of roads, railway crossings and other objects. transport infrastructure. Thus, the subjects of the offense under consideration are legal entities, as well as their employees - officials, subject to the provision of their special competence.

From the foregoing it follows that in the case submitted materials of the case in violation of paragraph 2 of Art. The Russian Federation, there are no information necessary for the permission of the case, the case materials are not fully represented. All the above deficiencies are essential, which cannot be replenished when considering the case.

According to pp 3 and 5 tbsp. Of the Russian Federation and the legal position in paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 5 dated March 24, 2005 "On some issues arising from courts at aPPLICATION OF COAP RF "When preparing for the consideration of an administrative offense case, the judge must figure out whether a protocol on administrative offense and other protocols provided for by this Code are compiled correctly, and whether other materials are issued correctly and whether they are enough to consider the case on the merits.

In the case of improper compilation of the protocol and other materials, as well as the incompleteness of the materials presented, the judge on the basis of paragraph 4 of Part 1 of Art. RF makes a definition about the return of the protocol on the administrative offense and other materials of the case in the authority or official personwhich it is drawn up indicating the identified disadvantages requiring elimination.

Taking into account all the outlined circumstances of the preparation, design administrative Protocol, Administrative offense protocol from and submitted materials of the administrative case against Kadyrbaeva V.A. On bringing to administrative responsibility for committing an offense provided for in Part 1 of Art. Section II. Particular part\u003e Chapter 12. Administrative offenses in the field of road traffic\u003e Article 12.34. Non-compliance with the safety requirements for road safety during construction, reconstruction, repair and maintenance of roads, rail movements or other road facilities "target \u003d" _ blank "\u003e 12.34 of the Code of Administrative Code of the Russian Federation are subject to return to the OGIBDD of the Russian Federation of Russia for the Marx District, the official to whom he Compiled - Inspector of DPS OGIBDD OMVD of Russia of the Russian Federation in the Marx District -, to eliminate the identified deficiencies.

Guided by paragraph 4 of Part 1 of Art. RF, world judge

Determined:

Return a protocol on administrative offense from and submitted materials of the administrative case against Kadyrbaeva V.A. On bringing to administrative responsibility for committing an offense provided for in Part 1 of Art. Section II. Particular part\u003e Chapter 12. Administrative offenses in the field of road traffic\u003e Article 12.34. Non-compliance with the safety requirements for road safety during the construction, reconstruction, repair and maintenance of roads, rail movements or other road facilities "target \u003d" _ blank "\u003e 12.34 of the Code of Administrative Code of the Russian Federation is subject to return to the OGIBDD of the OMVD of the Russian Federation in the Marx District, the official to whom he Compiled - Inspector of DPS OGIBDD OMVD of Russia of the Russian Federation in the Marx District -, to eliminate the identified deficiencies.

Movie Judge G.A.Braga