Judicial practice in an accident (causing a lung or moderate severity of harm to the health of the victim). Harm to health at an accident accident with victims causing harm to health at an accident harm to health Code of the Russian Federation

№ 4A-3983/2017

Decision

Deputy Chairman of the Moscow City Court Bazzkova E.M., checking the complaint of Roschina D.N. In defense of Shhhhhh M.A. The decision of the Judge of the Gagarinsky District Court of the city of Moscow dated February 16, 2017 and the decision of the Judge of the Moscow City Court of April 20, 2017 in the case of an administrative offense,

Installed:

resolution of the judge of the Gagarinsky district court of the city of Moscow dated February 16, 2017, Schhhhhh M.A. found guilty of committing an administrative offense provided h. 2 tbsp. 12.24 Administrative CodeAnd he was appointed administrative punishment in the form of deprivation of the right to control vehicles per 1 (one) year 6 (six) months.

By the decision of the judge of the Moscow City Court of April 20, 2017, the Resolution of the Judge of the Gagarinsky District Court of Moscow dated February 16, 2017 was left unchanged, a complaint of the defender of Roschina D.N. - without satisfaction.

In this complaint defender Roshkin D.N., expressing disagreement with these judicial acts, asks for their abolition and termination of the proceedings in connection with the lack of in the actions of SHHXXXX M.A. The composition of the administrative offense, provided for by Part 2 of Art. 12.24 of the Administrative Code of the Russian Federation, refers to the fact that SHHXHXX M.A. did not violate paragraph 10.1 of the traffic police of the Russian Federation, at the time of the fall of the passenger SHSHHXX A.O. Moving at a speed of 10-20 km / h, as soon as he (Schhhhh M.A.) drove off from the bus stop and began to accelerate, suddenly, following him in the passing direction, the car without inclusion of the light pointer began to turn off the second strip right into the yard , Shhhhhhh M.A. made emergency braking to prevent accidents; The fall of the passenger SHSHHXh A.O., as a result of which she was harm to the health of moderate gravity, the driver of the Volkswagen car driver occurred; courts violated the requirements of Art. 24.1 Administrative Code of the Russian Federation on the full, objective and comprehensive clarification of the circumstances of the case.

Fascinated SHHHhh A.O. In accordance with Part 2 of Art. 30.15 The Administrative Code of the Russian Federation is notified of the submission of a person in respect of whose proceedings in the case of an administrative offense, complaints about the above judicial acts. At the presidency of objections to this complaint was not received.

After checking the materials of the case on an administrative offense, having studied the arguments of the complaint, finding the grounds from for the abolition of the judge of the District Court and the decision of the Judge of the Moscow City Court.

Based on Art. 24.1 of the Administrative Offenses of the Russian Federation are a comprehensive, complete, objective and timely clarification of the circumstances of each case, permit it in accordance with the law, ensuring the execution of the decision of the decision, as well as identifying the causes and conditions that contributed to the commission of administrative offenses.

By virtue of Art. 26.1 of the Code of Administrative Offenses of the Russian Federation in the case of an administrative offense are to be clarified by the existence of an administrative offense event; The person who committed unlawful actions (inaction), for which this Code or the law of the constituent entity of the Russian Federation provides administrative responsibility; The guilt of the person in the commission of an administrative offense, as well as other circumstances that are important for the right permission of the case.

The person is subject to administrative responsibility only for those administrative offenses in respect of which its wine is established (Part 1 of Art. 1.5 of the Administrative Code of the Russian Federation).

Administrative responsibility under Part 2 of Art. 12.24 The Administrative Code of the Russian Federation comes for violation of the rules of the road or the rules of operation of the vehicle, which caused the most harm of the injury to the health of the victim.

By virtue of paragraph 10.1 of the traffic police of the Russian Federation, the driver must conduct a vehicle at a rate not exceeding the established limit, while taking into account the intensity of movement, features and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of movement. The speed should provide the driver with the ability to continuously monitor vehicle movement to fulfill the rules. If the danger occurs for the movement that the driver is able to detect, it should take possible measures to reduce the speed up to the vehicle stop.

During the consideration of the case, the judge of the district court was established, on September 24, 2016 at 14 o'clock 30 minutes in the area of \u200b\u200bthe house 43 on Miklukho-Maclay Street in Moscow, Schhhhhh M.A., driving the LIAZ 529221-0000010 bus State Registration Sign XXX, In violation of the requirements of paragraph 10.1 of the Russian Federation of the Russian Federation did not consider the intensity of the movement, the features of the condition of the vehicle managed by it and the cargo, road conditions, the speed of movement and with a sharp braking made a fall in the cabin of the passenger passenger SHSHHXh A.O., which, according to the expert's conclusion No. 8144m / 9300 dated November 10, 2016, caused moderate harm to health.

Actions Shhhhhh M.A. qualified for h. 2 tbsp. 12.24 Administrative Code.

The basis of the conclusion about the guilt of SHXHXXX MA In the commission of the administrative offense, the judge of the district court, the evidence was investigated during the consideration: a protocol on an administrative offense; traffic police inspector report; telephone line; Conclusion of an expert number 8144m / 9300 dated November 10, 2016; Written explanations and indications of the victim SHHHhh AO; testimony of the witness Lebedev SS; Copy of travel sheet; Video.

The judge of the Moscow City Court when considering a complaint about the decision of the judge of the district court on the appointment of administrative punishment agreed with the conclusion of the presence in the actions of SHHXXXX M.A. The composition of the administrative offense, provided for by Part 2 of Art. 12.24 Administrative Code.

At the same time, with such a conclusion of judicial instances, it is impossible to agree on the following grounds.

During the consideration of the case and complaint, SHHHXHXX M.A. consistently argued that he did not violate paragraph 10.1 of the traffic police of the Russian Federation, since at the time of the passenger's fall in the cabin, under his control, moved at a speed of 10-20 km / h, because only drove off from the bus stop and began to accelerate; On the extreme right strip, according to which he carried out movement, there were no cars ahead. In front of him in a population direction in the second strip, the Volkswagen car suddenly, without inclusion of the signal of the right turn and not rebuilding into the extreme right strip, began to turn right into the courtyard, crossing the trajectory of the bus movement under his (SHHXXXXHX M.A.). MA An emergency braking was taken to prevent accidents, as a result of which passengers fell in the cabin.

Specified Shhhhhh M.A. Circumstances are objectively confirmed by the recording of the DVR bus "Liaz 529221-0000010" State Registration Sign of XXX, who has accessible to the materials of the case and the studied courts. So, according to the video, Shhhhhhh M.A., driving the LIAZ 529221-0000010 bus, departures from the stop, while continuing the movement at the extreme right strip, on which there are no other vehicles at a considerable distance, with a speed providing constant control of The movement of the bus, taking into account the intensity of motion, features and vehicle status. Unexpectedly, the driver of the Volkswagen car, moving along the second strip to the left of the bus, without submitting a turn signal in advance to the right indicator and not taking the right right position on the passage part before turning to the right side, began to carry out the maneuver to the direction to the right way that the trajectory of the bus traffic "Liaz 529221-0000010 "under the control of SHXHXXX MA And the Volkswagen car began to cross. Shhhhhhh M.A. Applicated emergency braking, thereby avoiding the collision with the Volkswagen car, as a result of which passengers fell in the cabin.

These evidence suggests that SHHXXXX MA When managing the bus, he selected speed taking into account the intensity of motion, features and conditions of vehicle, road and meteorological conditions. In the created road atmosphere, Shhhhhhh M.A. It could not assume that the driver of the Volkswagen car, following the second strip to the left of the bus, without switching on the left turn signal and not rebuilding into the extreme right strip, will carry out a sharp maneuver turn to the right. Measures to reduce speed up to the bus stop Shhhhhh M.A. Taken precisely because of the occurrence of danger in the form of a car "Volkswagen", which recreses the trajectory of the bus movement, in order to avoid collision.

Thus, the conclusion of judicial instances on the violation of SHHHhhh M.A. Claim 10.1 of the Administrative Code of the Russian Federation is not based on the actual circumstances established during the consideration of this case.

According to paragraph 2 of Part 1 of Art. 24.5 of the Administrative Code of the Russian Federation, the proceedings on the case of an administrative offense cannot be started, and the proceedings began to be terminated due to the lack of an administrative offense.

In accordance with paragraph 4 of Part 2 of Art. 30.17 Administrative Code of the Russian Federation on the results of consideration of a complaint, protesting the decision on the administrative offense, decisions on the results of consideration of complaints, protests are made to decide on the abolition of the decision on the administrative offense case, solutions for the results of consideration of the complaint, protest and termination of production In the case, if there are at least one of the circumstances provided for in Articles 2.9, 24.5 of this Code, as well as at the unprove of circumstances, on the basis of which said decisions were made, the decision.

Under such circumstances, the Resolution of the judge of the Gagarinsky District Court of Moscow of February 16, 2017 and the decision of the Judge of the Moscow City Court of April 20, 2017 cannot be recognized as legitimate, and therefore they are subject to cancellation, and the proceedings are terminated on the basis of p. 2 h. 1 Art. 24.5 Administrative Code of the Russian Federation - due to the lack of an administrative offense.

Based on the above, guided by art. Art. 30.13, 30.17, 30.18 of the Administrative Code,

Decided:

complaint of the defender Roschina D.N. to satisfy.

Judge Resolution of the Gagarinsky District Court of Moscow of February 16, 2017 and the decision of the Judge of the Moscow City Court of April 20, 2017 in the case of an administrative offense provided for in Part 2 of Art. 12.24 Administrative Code of the Russian Federation, in relation to SHHXXXX M.A. cancel.

Case proceedings Based on paragraph 2 of Part 1 of Art. 24.5 Administrative Code of the Russian Federation - due to the lack of an administrative offense.

Vice-chairman

Moscow City Court EM Bazzkova

1. Violation of the rules of the road or the rules of operation of the vehicle, which caused the impossible harm to the health of the victim, -

the imposition of an administrative fine in the amount of from two thousand five hundred to five thousand rubles or deprivation of the right to manage vehicles for a period of one year to one and a half years.

2. Violation of the rules of the road traffic or the rules of operation of the vehicle, which caused the inhabitants of the injury to the health of the victim, -

the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to manage vehicles for a period of one and a half to two years.

Notes:

1. Under the causation of easy harm to health, a short-term health disorder should be understood or a minor resistant loss of overall disability.

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.

Comments to Art. 12.24 Administrative Code

1. Objects of offenses are public relations in ensuring road safety, the protection of citizens' health.

2. From an objective side, the data of the offenses are expressed in violation: a) road rules; b) the rules of operation of vehicles.

3. The general requirement contained in the rules of the Road Movement of the Russian Federation, approved by the Resolution of the Council of Ministers - the Government of the Russian Federation of October 23, 1993 N 1090 (with amended and add.), And imposed on all participants in the road, is that They should act in such a way as not to create dangers to move and do not harm. In the commented article, we are talking about violations by drivers of traffic rules (violation of the order of movement, the requirements of road signs and marking of the roadway, speed, overtaking, etc.) and the rules of operation of vehicles that caused the causing lung or moderate harm to the health of the victim.

4. The main requirements for the operation of vehicles are contained in the federal law of December 10, 1995 N 196-FZ "On Road Safety" (with amended and extra.), Rules of road traffic of the Russian Federation, the main provisions for the access of vehicles to operation and responsibilities of officers to ensure road safety approved by the same decree. In accordance with Art. 16 of the Federal Law The technical condition and equipment of vehicles involved in road traffic should ensure its safety. Responsibilities for maintaining vehicles in a technically good condition are assigned to vehicle owners or to persons operating vehicles. It is prohibited to operate vehicles if they have technical malfunctions that create a threat to road safety (Art. 19 of the Federal Law). Road traffic rules set the duty of the driver before leaving check out and on the way to provide a good technical condition of the vehicle (p. 2.3).

5. The compositions of the offenses provided for in part 1 and 2 of the commented article, implies consequences in the form of causing a lung or moderate harm to the health of the victim. The concepts of lung or moderate harm to health are given in the note to the article. The severity of harm caused by health is determined as a result of a forensic medical examination.

The rules for determining the severity of harm caused by human health approved by the Decree of the Government of the Russian Federation of August 17, 2007 N 522.

If, as a result of the violation by the driver of the vehicle, the rules of the road traffic or the operation of vehicles has come consequences in the form of a serious harm of human health, the actions of the perpetrator will form the composition of the crime provided for by Art. 264 of the Criminal Code.

6. From the subjective side, the offenses under consideration are characterized by intentional fault in relation to the violation of the rules of the road traffic or the operation of vehicles, in relation to the consequences - a careless form of guilt.

7. The subjects of the offense under consideration are drivers of vehicles.

8. Affairs of administrative offenses are considering the head of the traffic police, his deputy, commander of the regiment (battalion, company) of the road-patrol service, his deputy (Art. 23.3), as well as judges in the case of the transfer of a case for consideration by the judge in connection with the possibility of appointing punishment The form of deprivation of the right to control the vehicle (part 2 of article 23.1).

Administrative offenses are compiled by officials of the internal affairs bodies (police) (part 1, Art. 28.3).

If, as a result of a road accident, harm to the health of the victim, the driver, guilty of an accident, is attracted to administrative responsibility in the form of a deprivation of a driver's license for a period of up to two years.

In addition, in the order of civil proceedings, it may be claimed for compensation for damage caused by health.

However, in some cases, despite the traffic accident that happened, the driver can end the administrative proceedings under Article 12.24 of the Administrative Responsibility Code of the Russian Federation. And accordingly, it will not be deprived of rights to control vehicles.

This development of events is possible in the following cases, under which rights do not deprive:

in the actions of the driver of the vehicle, there is no composition of the administrative offense provided for in Article 12.24 of the Administrative Code of the Russian Federation;
punishment for violation of the rules of the road, provided for in Article 12.24 of the Code, is applied minimal. That is, instead of depriving a driver's license, the driver will be subjected to an administrative fine.

If a traffic accident occurred with the cause of injuries to the victim, then it is often difficult to determine who is right, and who is to blame for an accident.

This is explained by the fact that the vehicles until the time of the collision could move at high speed, and after the collision, they were far from the very place of impact.

Employees of the police left for an accident, including traffic police officers, as well as an ambulance brigade, cannot be said in place, the injuries of the victims received injuries.

In this regard, the actions of drivers of vehicles originally in automatic mode fall under Article 12.24 of the Code of Administrative Code.

The traffic police service provides an administrative investigation in order to clarify all the circumstances of the incidental accident that caused injuries to the victims, as well as establishing a fact that the drivers of vehicles violated the rules of the road, which led to the accident.

In the process of administrative investigation, every driver of the vehicle participating in a traffic accident has the right to use the services of a lawyer, to declare petitions:

on conducting certain actions aimed at establishing all the circumstances of the accident;
about the survey of eyewitnesses and witnesses of the road accident;
withdrawal of DVRs from cars that participated in an accident;
the admission of entries from video recorders of vehicles, on which the moment of the accident was recorded;
call to the scene of an authotechnical expert;
and also other petitions at its discretion.

The activity of the driver's position in the investigation of the circumstances of the road accident depends on whether it is guilty of the accident or the fault of other participants in the incident will be established.

Therefore, there is always a choice: sit at home and wait when they cause in the traffic police, or implement your legal right to defense by attracting participation in the case of an experienced lawyer.

It should be borne in mind that every road accident is individually. Therefore, the actions of the driver depends on the specific case. For example, if at a pedestrian crossing performed on a pedestrian, it would seem, everything is clear.

However, it should be understood, because the situation is possible when the pedestrian moved the roadway, in connection with which the driver could not see him in advance and take measures to braking. That is, the technical capabilities of the driver for avoiding the departure was not.

Therefore, in the event of an accident, it is best to resort to the help of a professional lawyer who specializes in the field of criminalistics, namely on investigations of road accidents.

According to the sanction of Article 12.24 of the Code of Administrative Code, the administrative penalty is minimal punishment.

Therefore, if the administrative case is sent to court, then in order not to be deprived of a driver's license, it is necessary to properly build its line of behavior during the court session.

First of all, the driver must have contact with victims, since it often depends on how the judge will take.

In addition, it is necessary to find mutual understanding with the judge. In this driver, his representative, who has a legal education and specializes in participating in the affairs of such a category.

With the help of a lawyer, it is possible to draw the attention of the court to the shortcomings in the materials of the administrative case, which was drawn up by the traffic police officers, to provide evidence that evidenced by mitigating circumstances, lift the adequate behavior of the victim.

With this situation, the Court may listen to the position of the representative and decide on the punishment in the form of an administrative fine, and not waste time for a long consideration of the case in court, appointing examinations, call witnesses, and so on.

Since the norms of articles of administrative legislation are discharged for general cases, and each road accident individually, there is always a chance to achieve a positive decision on the results of the trial.

It should be remembered that a positive result in court depends on the behavior of the driver in the design of administrative materials by the traffic police inspector.

The current security of almost the entire population of the country by technical means capable of producing audio and video record allows drivers to use it.

This will provide him with a polite appeal by the traffic police officers and other services, fixing the actions of the inspector when conducting an administrative investigation, writing eyewitness testimony and victims immediately after the accident.

In the future, audio and video record can be used in court as proof. It is followed by a road sign, which is closed with branches, bent or deployed to the other side.

If the driver has a photo and video fixation with him, then you need to make pictures as possible about the location of vehicles after a traffic accident. I seeming insignificant, at first glance, facts, in the future they can play their role in justifying the driver.

All that the driver or passengers, other persons on his part, were recorded using photo and video, it will be possible to submit to the court as the proof of the driver's position of the vehicle, which was a participant in the road accident.

This can do both the driver and his representative who has the appropriate legal qualifications. It is better to make a decision of this issue to entrust the lawyer to properly presented and argued the information that is depicted on video files and photographs.

Otherwise, it is possible to obtain a court decision on the deprivation of a driver's license to managing vehicles.

And so, with the help of a professional lawyer, the court will be provided with evidence of the driver's innocence in the commission of a traffic accident.

In accordance with Article 26.2 of the Administrative Code of the Russian Federation, the evidence in the case of an administrative offense is any factual data, on the basis of which the judge, authority, a job 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 that are important for the right permission of the case.

These data are established by the Administrative Offencing Protocol, other protocols provided for by the Administrative Code, the explanations of the person in respect of which the proceedings on the administrative offense, the testimony of the victim, witnesses, the conclusions of the expert, other documents, as well as the testimony of special technical means, real evidence.

The use of evidence obtained in violation of the law is not allowed. Thus, the driver of the vehicle, which is attracted to administrative responsibility for the perfect traffic accident, guided by this article, has the right to submit to court any evidence that it will consider it necessary for an objective consideration of the case.

That is, active protection in the administrative investigation by the traffic police service when considering the case in the court will allow the driver to achieve justice and confirm its point of view on the event that happened.

For this, photographs and video recording are suitable for the scene, which can confirm that the departure of the oncoming movement was forced due to the congestion or barriers to the movement strip in the form of technical transport performing repair or other works.

Data on the state numbers of the specified transport, passport data of eyewitnesses of the incident will help.

If the guilt is set to the speed of speed, which entailed the road accident, should be invited as a witnesses of the car passengers, which can confirm that the high-speed regime was not blocked.

In the event that the driver agrees with the fact that he really made a violation of traffic rules, then the court should provide data that will prove the presence of mitigating circumstances. It may be the provision of material and other assistance to the victim.

If a violation of the rules of the road was preceded by some conflict or a different case, then such behavior can be justified by the state of affect, submitting relevant evidence.

If the driver is evident in the management of the vehicle in a state of intoxication, then only errors can save him from the deprivation of driver's licenses when administrative material is issued by the traffic police inspector. If everything is done correctly, except for the recognition of your guilt and repentance will no longer affect the decision-making of the judge.

Thus, every violation of traffic rules individually, and recommendations for all occasions are impossible to give. However, it can be argued that the decision on which punishment will be applied to the driver depends, first of all, from him.

What should be known yet?

If there is not enough evidence to confirm its point of view on the incident, then the following articles of the Code of Code of the Russian Federation can be used:

5, which guarantees the presumption of innocence: the person is subject to administrative responsibility only for the administrative offenses in respect of which its fault is established. A person in respect of which proceedings in the case of an administrative offense are being conducted, is considered innocent, while its fault will not be proved in the manner prescribed by the Administrative Code, and established the decision of the judge, the authority, the official who considered the case. The person attracted to administrative responsibility is not obliged to prove its innocence. Fatty doubts about the guilt of the person involved in administrative responsibility are interpreted in favor of this person;

7, which provides for the actions in a state of emergency: actions made to eliminate the risk of directly threatening personality and the rights of this person or other persons, as well as the law in the interests of society or the state, if this hazard could not be eliminated by other means and if the damage caused is less significant than prevented harm;
8, which implies exemption from liability due to insanity;
9, providing for the possibility of liberation from administrative responsibility due to the insignificance of an administrative offense;
8, which regulates the procedure for depriving special law;
1, establishing general rules for appointing administrative punishment.

Thus, only legally reasonable explanations with reference to the current norm of administrative legislation will help the driver to avoid maximum punishment.

If this rule does not follow, then any explanations, oral or written, only aggravate the guilt and deprivation will be provided.

The principle of protection of its position should be as follows:

if the measure of punishment implies exclusively deprivation of rights, its innocence should be proved;
if there is an alternative to punishment - deprivation of rights or penalty, then it is necessary to provide mitigating evidence to get a fine if it is impossible to prove innocence.

It should be borne in mind that the choice of penalties is a subjective opinion of the judge, and from the circumstances, what an impression will be made to him by the person attracted to administrative responsibility depends on the measure of punishment.

As mitigating guilt, the circumstances should be used by those listed in Article 4.2. Administrative Offenses Code:

frequent repentance in perfect offense;
voluntary communication in law enforcement agencies on the commission of an administrative offense;
taking measures to prevent the onset of harmful consequences as a result of a perfect administrative offense;
voluntary reimbursement of damage or harm to the victim, eliminating the negative consequences formed by the offense;
committing an administrative offense in a state of strong mental unrest, the so-called affect, or as a result of a coherent of severe personal or family circumstances;
committing an offense that falls under the work of the CACAP as a person who has undergone 14 years;
completing an offense to a woman who is in a state of pregnancy or having a young child.

This article does not contain an exhaustive list of circumstances that the law are recognized as mitigating. Depending on the specific administrative case, a judge or other authorized officer may recognize mitigating guilt and other circumstances that are not specified in administrative legislation.

The procedure for selecting a driver's license

Existing administrative legislation does not provide for the seizure of a driver's license at the site of violation of traffic rules.

The decision to deprive the rights of the person who is recognized as guilty of a perfect administrative offense takes only the court. And before making a decision by the court and the entry into force of legal force, it is possible to continue to control vehicles.

If the materials of the administrative case there is no sufficient evidence of the driver's guilt in violation of the rules of the road, then at the request of the traffic police representatives, the consideration of the case may be postponed. As judicial practice is evidenced, usually breaking until the next meeting is a week.

If the court decided to deprive the driver of the rights to managing vehicles, then this decision can be appealed to the appeal within ten days from the date of decision making.

However, it is much more difficult to prove its truth in the appellate instance than in the court of first instance.

Therefore, you should make a maximum effort to prove your innocence at the initial consideration of the case. If there is an opportunity, then it is necessary to achieve the transfer of consideration of the case for a later date. You can explain such a petition to a certain time for providing new evidence.

Article 4.5 of the Administrative Offenses Code determines that "the decision on an administrative offense case cannot be made after two months from the date of administrative offense."

Therefore, if you manage to delay the decision on an administrative case for a period of more than two months, it will be impossible to attract responsibility.

Responsibility for Middle Harm to Health at an accident

If, as a result of a traffic accident, light bodily injuries caused by a short-term impaired state of health or a short disability, then the driver, in accordance with Part 2 of Article 12.24 of the Administrative Code of the Russian Federation, will be applied a penalty of from 2,500 to 5,000 rubles or He can be deprived of a driver's license for one year to one and a half years.

How the average harm is determined at an accident

In order to determine the severity of the injuries caused by the victim, the forensic examination is necessary.

It should be borne in mind that under causing harm to the health of the victim is a violation of the integrity of tissues or human bodies, various violations of the functional state of limbs or organs.

Also, there are also diseases or other pathological conditions that are caused by corporal damage caused by accidents.

Conducting forensic examination is carried out on the basis of the relevant decision of the investigator, the investigator or judgment of the court.

If the criminal case is not initiated on the fact of a road accident, then the conclusion of a forensic expert can be obtained on the basis of a written order for a forensic examination of the victim.

The procedure for holding forensic medical examination and conducting a forensic medical examination between themselves. Only as a result of the examination will be issued the conclusion of forensic medical examination, and as a result of the examination - the act of medical examination.

According to legal significance, the expert opinion has the power of evidence, while the certificate act is informative. However, if anyone has no doubt that light bodily injuries caused by the victim, the inspection act for consideration of the administrative case is enough.

The following medical criteria will be indicated about the causation of the victim of the average severity of injuries:

temporary violation of organ functions that caused temporary disability of more than 21 days, that is, a long-term health disorder;
a significant resistant loss of overall working capacity is less than one-third;
resistant loss of overall disability from 10 to 30 percent inclusive.

Full text Art. 12.24 Code for the Russian Federation with comments. New revision with additions for 2019. Consultation of lawyers under Article 12.24 of the Administrative Code of the Russian Federation.

1. Violation of the rules of the road or the rules of operation of the vehicle, which caused the impossible harm to the health of the victim, -
The imposition of an administrative fine in the amount of from two thousand five hundred to five thousand rubles or deprivation of the right to manage vehicles for a period of one year to one and a half years.

2. Violation of the rules of the road traffic or the rules of operation of the vehicle, which caused the inhabitants of the injury to the health of the victim, -
The imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to manage vehicles for a period of one and a half to two years.

(Paragraph in the editors enacted from July 8, 2007 by the Federal Law of June 22, 2007 N 116-FZ; as amended, entered into force on January 1, 2008 by the Federal Law of July 24, 2007 N 210-FZ; as amended introduced into action from September 1, 2013 by the Federal Law of July 23, 2013 N 196-FZ.

Notes:
1. Under the causation of easy harm to health, a short-term health disorder should be understood or a minor resistant loss of overall disability.

(An article in the wording enacted from May 7, 2005 by the Federal Law of April 22, 2005 No. 38-ФЗ

Commentary on Article 12.24 Administrative Code

1. Objects of offenses are public relations in ensuring road safety, the protection of citizens' health.

2. From an objective side, the data of the offenses are expressed in violation: a) road rules; b) the rules of operation of vehicles.

The rules for determining the severity of harm caused by human health approved by the Decree of the Government of the Russian Federation of August 17, 2007 N 522.

If, as a result of the violation by the driver of the vehicle, the rules of the road traffic or the operation of vehicles has come consequences in the form of a serious harm to human health, the actions of the perpetrator form the composition of the crime provided for in Article 264 of the Criminal Code of the Russian Federation.

7. The subjects of the offense under consideration are drivers of vehicles.

Administrative offenses are compiled by officials of the internal affairs bodies (police) (part 1, Art. 28.3).

Consultations and comments of lawyers under Article 12.24 of the Code of Administrative Code

If you have any questions about Article 12.24 of the Code of Administrative Code and you want to be sure about the relevance of the information provided, you can consult the lawyers of our site.

You can ask a question by phone or on the site. Primary consultations are held free from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

In accordance with part 1 articles 12.24 of the Codecha RF Violation of the rules of the road or the rules of operation of the vehicle resulting in causing easy harm to the health of the victim, -

the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles or deprivation of the right to manage vehicles for a period of one year to one and a half years.

In accordance with Part 2 of Article 12.24 of the Administrative Code of the Russian Federation, violation of the rules of the road traffic or the rules of operation of the vehicle resulting in causing middle severity harm to the health of the victim, -

the imposition of an administrative fine in the amount of from two thousand to two thousand five hundred rubles or deprivation of the right to manage vehicles for a period of one and a half to two years.

According to the note to Art. 12.24 Code of Administrative Code:

1. Under causation easy harm to health A short-term disorder of health or a minor resistant loss of overall disability should be understood.

2. Under causation medium gravity of harm to health It should be understood as a long-term health disorder or a significant resistant loss of overall working capacity of less than one third.

Violation by the person, car manager, tram or other mechanical vehicles, rules of road traffic or the operation of vehicles, resulting in negligence causing grave harm to health or sich man, qualifies in accordance with the requirements of the Criminal Code of the Russian Federation:

Article 264. Violation of the rules of the road traffic and operation of vehicles

1. A violation by the person managers, tram, either another mechanical vehicle, road rules or vehicle operation, resulting in negligence causing grave harm to health man -
shall be punished by restriction of freedom for up to three years, or forced work for up to two years with deprivation of the right to control the vehicle for up to three years or without any, or arrest for up to six months, or imprisonment for up to two years with deprivation Rights to control the vehicle for up to three years or without any.

2. The act provided by part of the first article, committed by a person who is in a state of intoxication caused by negligence causing grave harm to health man -
it is punished by compulsory work for up to three years with deprivation of the right to control the vehicle for up to three years or imprisonment for up to four years with the deprivation of the right to control the vehicle for up to three years.

3. The act stipulated by the first paragraph of this article entailed by negligence death of man, -
it is punished with compulsory work for up to four years with the deprivation of the right to control the vehicle for up to three years or imprisonment for up to five years with deprivation of the right to control the vehicle for up to three years.

4. The act stipulated by part of this article, committed by a person who is in a state of intoxication, entailed by negligence death of man, -
it is punished with imprisonment for a period of up to seven years with deprivation of the right to control the vehicle for up to three years.

5. The act stipulated by part of this article, which caused the death of two or more persons by negligence -
it is punished with compulsory work for up to five years with deprivation of the right to control the vehicle for up to three years or imprisonment for up to seven years with deprivation of the right to drive the vehicle for up to three years.

6. The act stipulated by the first paragraph of this article, committed by the face in a state of intoxication, resulting in negligence the death of two or more persons -
it is punished with compulsory work for up to five years with deprivation of the right to control the vehicle for up to three years or imprisonment for up to nine years with deprivation of the right to control the vehicle for up to three years.

Note. Under other mechanical vehicles in this article, trolleybuses are understood, as well as tractors and other self-propelled machines, motorcycles and other mechanical vehicles.

qualifying signs: driver, participant, accidents with victims, accidents with victims, violation of traffic rules or vehicle operating rules, which caused harm to the health or death of victim, harm to health, qualifying signs of harm to health

When implementing protection articles 12.24. COAP ( dTP with victims), 264 Criminal Code of the Russian Federation It should be borne in mind that in accordance with paragraph 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 24, 2006 No. 18 with amendments made by the Resolutions of the Plenum of the Supreme Court of the Russian Federation of November 11, 2008 No. 23 and on February 9, 2012 No. 2, identifying the subject of the administrative offense provided for by Chapter 12 of the Administrative Code of the Russian Federation, it should be borne in mind that driver It is a person controlling the vehicle, regardless of whether he has the right to manage vehicles of all categories or only a certain category or such a right is absent at all. The driver is also equated with a person learning driving.

The actions of the driver, expressed in violation of the rules of the road or the rules of operation of the vehicle, which had a consequence of the road accident and causing the harm to the health of the victim, form an objective side of the composition of the administrative offense, provided for in Article 12.24 of the Code of Administrative Code, regardless of where the accident occurred : on the road or within the adjacent territory.

According to paragraph 1.2 of the rules of the road "" - event arising during the movement On the road of the vehicle and with his participation in which people died or injured, vehicles are damaged, constructions, loads Or caused other material damage .

Victim - face, life, the health or property of which was harmful When using a vehicle by another person, including a pedestrian, the driver of the vehicle, which caused harm, and the passenger of the vehicle - a participant in the road accident (federal law of April 25, 2002 No. 40-FZ "On compulsory civil liability insurance of transport owners funds ").

It should be borne in mind that in accordance with paragraph 2 "rules of examination of a person who controls the vehicle to the state of alcohol intoxication and the design of its results, the directions of this person on a medical examination on the state of intoxication, medical examination of this person to intoxicate and design it The results and rules for determining the presence of narcotic drugs or psychotropic substances in the human body during medical examination on the state of intoxication of the person who manages the vehicle ", approved by the Decree of the Government of the Russian Federation of June 26, 2008 No. 475, examining the state of alcohol intoxication, medical examination on The state of intoxication is subject to a vehicle driver in respect of which there are sufficient grounds to believe that it is in a state of intoxication, as well as the driver in respect of which is determined E about the initiation of an administrative offense case provided for article 12.24. Code of the Russian Federation on Administrative Offenses.

Due to the diversity of actual circumstances in each particular case, it is not possible to give some uniform template advice to implement protection. At the same time, it should be borne in mind that according to Part 1 of Art. 2.1 Administrative offense is recognized by an administrative offense, guilty action (inaction) of a physical or legal person expressed in violation of traffic rules or vehicle operation rules.

In accordance with paragraph 2 of the rules for determining the severity of harm caused by human health, approved by Decree of the Government of the Russian Federation of August 17, 2007 No. 522, under harm caused by human healthIt is understood as a violation of the anatomical integrity and physiological function of human organs and tissues as a result of the impact of physical, chemical, biological and mental factors of the external environment..

The severity of harm caused by the human health is determined by a medical examination of a medical institution or an individual entrepreneur with special knowledge and a license for medical activities, including work (services) on forensic medical examination (hereinafter - expert).

The severity of the harm caused by the human health expressed in the indelible disfigurement of his face is determined by the court. The production of forensic examination is limited only to the establishment of the indelible damage.

In accordance with paragraph 3 of the rules for determining the severity of harm caused by human health, approved by the Decree of the Government of the Russian Federation of August 17, 2007 No. 522, harm caused by human health is determined depending on the degree of its gravity (grave damage, moderate gravity and easy harm) on the basis of qualifying features stipulated by paragraph 4 of these Rules, and in accordance with the medical criteria for determining the severity of harm caused by the health of the person approved by the Ministry of Health and Social Development of the Russian Federation.