Consideration of a case of an administrative offense. Stages of proceedings in cases of administrative offenses The procedure for considering cases of administrative offenses briefly

With questions administrative law all citizens face, regardless of their status, position or type of activity. This industry covers such areas as: work in government institutions in the civil service, relations on the roads, relations between citizens, public order and much more. Accordingly, due to the large number of stipulated norms and rules, the largest number of violations is established in this area.

It is customary to call an offense illegal act(or inaction) of a person (individual, legal entity) for whom the law provides for liability. Administrative is what is considered and provides for the choice of punishment under the Code of Administrative Offences.

Offenses in this area are regarded as representing the least danger to the public, therefore such a tort will not entail too severe consequences. But it is worth knowing about the peculiarities of considering such cases, so that in case of trouble you will be able to defend your rights and preserve justice.

The procedure for considering a case of an administrative offense Unlike criminal cases, which are the exclusive competence of judicial system

, administrative offenses with punishment for the persons who committed them are considered by numerous bodies. This is determined by the area that was damaged as a result of the culpable acts.

Citizens should, at a minimum, understand the competence of which body this or that matter falls under - this will help avoid mistakes and manipulations on the part of representatives of the legislative branch.

Consideration of a case of an administrative offense So, here are some examples: internal affairs bodies exercising control over public order are authorized to decide a large number of torts. For example, the competence of the police includes monitoring compliance with law and order regarding: bans on smoking or drinking alcoholic drinks, V in public places petty hooliganism, the use of technical devices that can violate the norms
commissions on minors' affairs consider some cases regarding the upbringing and behavior of adolescents and young men under 18 years of age, violation of duties by a guardian, etc.;
bodies of the criminal-executive system are considering some cases regarding violation of the rules for handling things withdrawn from free circulation. Do not be alarmed by the name of the institution - this does not affect the form of the resolution following the process. Tax authorities also take part in the consideration of such cases;
the judiciary has by far the greatest share of competence. The courts hear cases in almost all areas, from labor law, where questions about the responsibility of employers are resolved, for example, for admitting an employee of inappropriate qualifications to special hazardous work or incorrect formatting labor relations. On court hearing all are considered controversial issues and having ambiguity in definitions, measures of responsibility, etc., including related cases.

Video – Administrative proceedings

Features of the procedural order

Procedure for consideration, if given case concerns administrative offense, clearly regulated legislative level and registered in Art. 29.7 Code of Administrative Offenses.

Even at the stage of preparation for the upcoming consideration, the relevant body determines several significant points:

availability of documentary grounds;
the possibility of starting proceedings (that is, compliance with its competence and category of tort);
the presence/absence of circumstances that exclude the very possibility of consideration (we’ll talk about them in the next section), the issue of circumstances that make it impossible for individuals (judges, experts) to participate is also resolved;
correctness of preparation and completeness of filling out the documentation attached to the case;
sufficiency of the collected materials for the objectivity of decision-making.

Article 29.7. The procedure for considering a case of an administrative offense

IN mandatory the presence of motions from the parties, challenges/self-recusations and other nuances are taken into account. After this, the actual proceedings begin.

During the consideration of the case authorized body is obliged to establish all the circumstances and take them into account. In particular, to hear the testimony of the parties, consider motions, measures to attract witnesses and appoint forensics(this mechanism has significantly increased the chances of defending one’s case, because anyone can even hire an independent specialist and submit his conclusion to a judge).

The law also obliges to carry out formal procedural actions: to announce who is considering what tort is the subject of the study, to establish the appearance of participants (after all, in some cases it affects the order further development events and decisions made). It is extremely important to educate representatives of both parties about procedural rights. Violation of any of these points directly affects the process, as it may become a reason for starting a new consideration or reconsideration of the case in the future. Stages of proceedings in cases of

administrative offenses The period during which tort cases can be considered is fifteen days from the date of receipt by the court or other body of all collected materials and the protocol itself on the offense committed. This period

may be extended up to one month if there is a reasoned determination. If the sanction of the article provides for the possibility of arrest, and the person who committed the violation is detained, then the examination is carried out on the day of receipt.

Usually the review is carried out at the place of commission, but there may be exceptions. For example, with regard to minors, the hearing takes place at their place of residence, although at the request of the parties involved in the event, in some cases the case may be transferred to another judicial body. If admin was carried out before the actual examination. investigation, then the case will be investigated at the location of the authority performing the action.

During the meeting, the Protocol drawn up on the fact of the offense itself is read out, and the attached materials are examined in detail. Important!

The Protocol must indicate not only the number of the article, but also clearly indicate its title, because influences the determination of departmental authority, and then the establishment of a measure of responsibility.

An example of filling out a protocol on administrative detention for petty hooliganism During the consideration of the case, the explanations of the individual on the committed fact of the unlawful act or the representative on legally

The results of any administrative process are formalized by a resolution prescribing a certain punishment or containing a conclusion on the closure of the proceedings. All decisions made must be announced immediately after the end of the process (this is also a procedural requirement). Copies of the document are handed over to the individual or legal entity, his legal representative or a defender, necessarily against a receipt. If these persons were not present during the consideration of the case, then a copy of the document can be sent by mail within three days.

What should a copy of the decision issued to participants in the process look like?

Are there cases in which there may not be production?

Some facts legally exclude the very possibility of conducting proceedings to consider an administrative violation. They must always be remembered, because in some situations they save people from arbitrariness (or simply allow them to gain time).
The most obvious reason is the absence of the fact of a tort or the elements of an offense (here the factor of guilt is added). If the person acted in the situation emergency
without causing harm to the public, then his actions cannot be punished regardless of the scope of the violation and the branch of law, since there is no public danger.
A priori, there cannot be a process against a deceased person or legal entity about which information about the termination of activities is entered in the register.
Interestingly, if a new statute is passed repealing the provision under which the violation is being considered, the process is terminated for lack of an actual violation. The issuance of an amnesty is also included in this list, but is quite rare. this act
concerns administrative violations.

Expiration of the statute of limitations for the event.

Stages of the administrative process

Conclusion The Code of Administrative Offenses has too many articles and types of liability provided for this or that offense. Each case is individual and subject to separate consideration taking into account all the nuances and the smallest details. If you find yourself in an unpleasant situation, you should not leave it to chance; be sure to consult with a lawyer. Competent in legal issues

a specialist will definitely tell you what you should pay attention to, how to protect your own interests, how to file an appeal (if necessary), etc.

New edition of Art. 29.7 Code of Administrative Offenses of the Russian Federation

1. When considering a case of an administrative offense:

2) the fact of attendance is established individual, or the legal representative of an individual, or the legal representative legal entity in respect of whom proceedings are being conducted on a case of an administrative offense, with the exception of cases provided for in Part 3 of Article 28.6 of this Code, as well as other persons participating in the consideration of the case;

3) the powers of legal representatives of an individual or legal entity, defender and representative are checked;

4) it is determined whether the participants in the proceedings in the case have been notified in the prescribed manner, the reasons for the non-appearance of the participants in the proceedings are clarified and a decision is made to consider the case in the absence of these persons or to postpone the consideration of the case;

5) explain to the persons participating in the consideration of the case their rights and obligations;

6) submitted challenges and petitions are considered;

7) a ruling is made to postpone the consideration of the case in the event of:

a) receipt of an application for self-recusal or recusal of a judge, member of a collegial body, official, considering the case, if their recusal prevents the consideration of the case on the merits;

b) challenge of a specialist, expert or translator, if the said challenge prevents the consideration of the case on the merits;

c) the need for a person participating in the consideration of the case to appear, to request additional materials on the case or to order an examination;

8) a ruling is made to bring in a person whose participation is recognized as mandatory during the consideration of the case, in accordance with Part 3 of Article 29.4 of this Code;

9) a determination is made to transfer the case for consideration according to jurisdiction in accordance with Article 29.5 of this Code.

2. When the consideration of a case of an administrative offense continues, the protocol on the administrative offense, and, if necessary, other materials of the case are read out. Explanations of an individual or a legal representative of a legal entity in respect of whom proceedings are being conducted for an administrative offense, testimony of other persons participating in the proceedings, explanations of a specialist and expert opinion are heard, other evidence is examined, and if the prosecutor participates in the consideration of the case, the his conclusion.

3. If necessary, other procedural actions are carried out in accordance with this Code.

Commentary on Article 29.7 of the Code of Administrative Offenses of the Russian Federation

The procedure for considering a case of an administrative offense is a certain sequence of procedural actions aimed at protecting the rights and legitimate interests persons participating in proceedings regarding an administrative offense, and establishing objective truth. Before proceeding to the consideration of the case on the merits, the entity authorized to consider the case must establish the presence of all the conditions necessary for the consideration of the case of an administrative offense.

The subject authorized to consider the case declares who is considering the case, what case is to be considered and what are the legal basis bringing to administrative responsibility.

It is important to establish the powers of legal representatives of an individual or legal entity, defender and representative. Family ties or corresponding powers of persons who are legal representatives of an individual are certified by documents provided for by law. The powers of the legal representative of a legal entity are confirmed by documents certifying him official position. The powers of a defender or representative are certified by a warrant issued by the relevant legal entity, or by a power of attorney issued in accordance with the law.

An important condition for consideration of the case on the merits is the presence of participants in the proceedings on the administrative offense. In case of their absence, it is necessary to make a decision either to consider the case or to postpone the consideration of the case. The decision to consider the case in the absence of some participants in the proceedings on cases of an administrative offense (the person against whom proceedings are being carried out on the case of an administrative offense, the victim, legal representatives of individuals and legal entities) is possible only if there is evidence of proper notification of the data persons about the place and time of consideration of the case and if these participants have not received a petition to postpone the consideration of the case or if such a petition has been left unsatisfied.

Persons participating in the consideration of the case are explained their rights and obligations and the submitted challenges and petitions are considered.

Based on the results of checking the existence of the conditions necessary for the consideration of the case, three types of rulings can be made: to postpone the consideration of the case; on the bringing of a person whose participation is considered mandatory during the consideration of the case; on transfer of the case for consideration under jurisdiction.

The basis for issuing a ruling to postpone the consideration of a case may be: the receipt of an application for self-recusal or recusal of the person considering the case; recusal of a specialist, expert or translator; the need for the appearance of a person participating in the consideration of the case, the request for additional materials, and the appointment of an examination.

If all the conditions necessary for consideration of the case on the merits are met, it is necessary to read out the protocol on the administrative offense and other materials of the case. Then the explanations of the individual or the legal representative of the legal entity in respect of whom the proceedings for an administrative offense are being conducted, as well as the testimony of other participants in the consideration of the case are heard. It is at this stage that the fact of the illegality of the act committed, the guilt of the subjects brought to administrative responsibility, and the presence of aggravating or mitigating circumstances are established.

Another comment on Art. 29.7 of the Code of the Russian Federation on Administrative Offenses

1. The direct hearing of a case of an administrative offense carries a special legal burden, since it is at this stage that the case is resolved on the merits.

The trial of a case of an administrative offense essentially means clarifying the circumstances associated with such legal consequences as bringing a person to administrative responsibility and imposing administrative penalty. Finding out the circumstances that are important for the correct resolution of the case is the responsibility of the body (official) considering the case of an administrative offense. Thus, the following circumstances are subject to clarification when considering a case of an administrative offense: a) whether an administrative offense was committed; b) whether the person is guilty of committing it, whether he is subject to administrative liability; c) whether there are circumstances mitigating or aggravating liability; d) whether property damage was caused; e) other circumstances relevant for the correct resolution of the case.

2. The commented article for the first time legislatively regulates the logical sequence of procedural actions when considering a case of an administrative offense on the merits:

According to clause 1, part 1, the consideration of the case begins with the announcement by the judge of the composition of the collegial body or the presentation of the official considering the case. The judge presiding over the meeting of the collegial body, or the official considering the case, announces which case is subject to consideration, who and on the basis of what law is held administratively liable;

The attendance of participants is checked. Their powers are verified by checking the submitted relevant documents (identity cards, powers of attorney, documents certifying the powers of legal representatives, as well as representatives public organizations. For example, the powers of a legal representative of a legal entity are confirmed by documents certifying his official position);

through a survey, it is found out which of the participants in the proceedings did not appear and what is the reason for the non-appearance. At the same time, the reasons for absence can be clarified by studying received letters, messages, telegrams, marks on returned summonses, on notices of their delivery;

persons participating in the consideration of the case are explained their rights and obligations so that they have the opportunity to take Active participation in progress. For example, the translator is explained that the translation must concern explanations, testimony, statements, petitions, questions asked and answers, opinions expressed and wishes of a person who does not speak the language in which the administrative offense case is being processed.

When explaining responsibilities, it is useful to point out possible consequences their non-compliance. Explanations are given in a form accessible to persons participating in the case, clearly and clearly. A formal approach to clarifying rights and obligations may lead to the fact that the persons to whom the clarification is addressed remain in the dark about their procedural rights and responsibilities;

petitions of persons participating in the proceedings are considered, in particular, petitions for the recusal of persons participating in the case; on consideration of the case in the absence of one of the participants in the proceedings; about postponing the case; on the return of the protocol and other case materials to the person who compiled the protocol; on providing assistance in collecting evidence; on the involvement of additional witnesses; on the appointment of an examination; on termination of the case, on suspension of the case, etc.

3. Postponement of consideration of a case represents procedural actions of a judge or official to postpone the hearing of the case on the merits to another appointed time. Its implementation is possible in any part of the consideration of a case of an administrative offense, if there are grounds for this.

In all cases, the adjournment is formalized by a determination that indicates the reasons for the adjournment, the time of consideration and the actions that must be performed before a new consideration. Those present are notified of a new consideration of a case of an administrative offense against receipt, and those absent are sent summonses and notices.

4. When the consideration of the administrative case continues offense of the Code of Administrative Offenses The Russian Federation has established a certain sequence of procedural actions aimed at ensuring the principles of production, such as equality of all before the law, openness, orality and publicity, competition:

the protocol on the administrative offense is read out, and, if necessary, other materials of the case. After reading the protocol and other materials of the case, the judge, official, presiding officer of the collegial body finds out from the person against whom the case of an administrative offense is being conducted whether he understands the content of these documents;

explanations of an individual or a legal representative of a legal entity in respect of whom proceedings are being conducted on a case of an administrative offense, explanations of a specialist and an expert’s opinion are heard, and if the prosecutor participates in the consideration of the case, his conclusion is heard. At the end of the explanations by each of the persons participating in the case, their representatives are asked questions.

5. Given the variety of procedural actions that the persons participating in the case have, there is no need for a complete and detailed listing and explanation of them, in particular in cases where the performance of procedural actions, the right to which is available in the circumstances of the case, is unlikely to be expected. If necessary, other procedural actions are carried out in accordance with this Code.

6. At the consideration stage, it is possible to combine and separate cases of administrative offenses. Thus, in one proceeding, cases of violations may be combined for the commission of which the same person or several persons in complicity are held accountable. Isolation of a violation case customs rules is allowed only in cases caused by necessity, if this does not affect the comprehensiveness, completeness and objectivity of the resolution of the case. The combination and separation of cases is carried out by order of the official, the judge, who is considering the case of an administrative offense.

7. If during the consideration the initial qualification of the actions of a person held accountable under two or more articles is not confirmed in any part, a reasoned decision is made to terminate the proceedings in relation to the charged administrative offense.

After reviewing, researching and checking all the evidence collected and presented by the participants in the proceedings on an administrative offense, the judge, the official considering the case, ask the persons participating in the case and representatives if they would like to supplement the case materials.

Participants can express their opinions about legal assessment, the validity of bringing to administrative responsibility, the qualification of an administrative offense, the penalty, and on all other issues that must be resolved when imposing a punishment. The law does not provide for a time limit when expressing opinions. However, a judge or official has the right to stop persons participating in the debate if they relate to circumstances that are not related to the case under consideration. In turn, participants in the debate, if they disagree with the comments of a judge or official, have the right to state their objections and demand that they be entered into the protocol. The right of the last statement always belongs to the individual brought to administrative responsibility and his defense attorney. The defense attorney's performance in court proceedings must be subordinated to defending the interests of his client. In this regard, the defense counsel, in the debate, presents to the judge or official the defense's considerations on the merits of the case and the circumstances mitigating and aggravating the punishment, the measure of punishment and the civil consequences.

If the victim participates in the debate, he has the right to express his opinion regarding the proof of the circumstances that must be resolved in the resolution.

Consideration of a case of an administrative offense Concept Consideration of a case of an administrative offense is the main stage of the proceedings, within the framework of which the case is resolved on the merits and, based on the results of the consideration of the case, an appropriate resolution is made. Questions to be clarified before the start of the hearing: whether the consideration of a given case falls within the competence of a particular court;
whether there are circumstances that exclude the possibility of its consideration;
whether the protocol on the administrative offense was drawn up correctly;
whether there are sufficient materials on the case to consider it on the merits;
Are there any petitions and challenges? Cases of non-consideration The case cannot be considered by the subject administrative jurisdiction , if it does not fall within his competence. In this case, the case is sent for consideration according to jurisdiction. The case is also not considered in cases of family ties between the participants in the proceedings or the presence of personal or other interest in the outcome of the case. These circumstances are the basis for judges, members of a collegial body or official to recuse themselves, and for other participants in the proceedings to recuse themselves. Stage of preparation for consideration Determination The determination is made when setting the time and place for consideration of the case. Based on the determination, the necessary participants in the proceedings are called (witnesses, victims, legal representatives of individuals and legal entities, etc.). Based on the ruling, additional materials on the case are requested, an examination is ordered, and consideration of the case is postponed. In the form of a determination, a decision is made on the return of the protocol on an administrative offense if it was drawn up by unauthorized persons or incorrectly drawn up, as well as on the transfer of the protocol according to jurisdiction, if the consideration of the case does not fall within the competence of the judge, body, official to whom it was received, or issued determination of their withdrawal. Duration of consideration A case of an administrative offense, as a rule, must be considered within 15 days from the date of receipt by the judge, body, official authorized to consider the case, the protocol on the administrative offense and other necessary materials. If petitions are received from participants in the proceedings (for example, to postpone the consideration of the case) or if additional clarification of the circumstances of the case is necessary, this period may be extended by the named subjects of administrative jurisdiction, but not more than for a month. The decision to extend the period for consideration of the case must be motivated. It is expressed in the form of a definition. Procedure for consideration The consideration of a case begins with an announcement of who is considering the case, what kind of case is to be considered, and who is being held administratively liable. Next, the identity of the participants in the production is established, and their rights and obligations in relation to this process are explained to them. Then the protocol on the administrative offense is read out, explanations, testimonies, conclusions of the participants in the proceedings are heard, evidence is examined, the conclusion of the prosecutor present is heard (it is at this stage of the proceedings that it becomes clear whether an administrative offense has been committed, whether the person brought to justice is guilty and whether he is subject to liability , whether there are circumstances mitigating or aggravating liability, whether property damage has been caused). Results of the consideration As a result of the consideration of the case, a decision is made either on the appointment administrative punishment, or to terminate the proceedings. The resolution in a case of an administrative offense shall indicate: position, surname, first name, patronymic of the judge, official, name and composition of the collegial body that issued this act; information about the person against whom the case was considered; circumstances established during its consideration; the measure of administrative punishment is determined in accordance with the article of the Code of the Russian Federation on Administrative Offenses or the law of the subject of the Federation or specific legal grounds termination of the proceedings. The decision on the case also resolves issues regarding material evidence, seized items, documents and valuables. The decision is announced immediately upon completion of the consideration of the case. A copy of the decision is handed over or sent to the person in respect of whom it was made within three days. A copy of the resolution is handed over against receipt. If during the consideration of the case the reasons and conditions conducive to the commission of administrative offenses were established, the judge, body, or official who made the decision on the case submits to the relevant organizations and institutions a proposal to take measures to eliminate them. The latter are obliged to inform the judge, the authority, or the official who submitted the submission within a month about the measures taken regarding it.

Let us characterize the stages of consideration of a case of an administrative offense. The first stage is preparation for the consideration of the case and the consideration itself. When preparing to consider a case of an administrative offense, a judge, body, or official clarifies the following questions: whether the consideration of this case falls within their competence; whether there are circumstances that exclude the possibility of considering this case by a judge, member of a collegial body, or official; whether the protocol on the administrative offense and other protocols provided for by the Code of Administrative Offenses of the Russian Federation were drawn up correctly, as well as whether other materials of the case were correctly drawn up; whether there are circumstances that preclude proceedings in the case; are there enough materials available on the case to consider it on the merits; Are there any petitions and challenges?

The case of an administrative offense is considered at the place where it was committed. At the request of a person against whom proceedings are being conducted for an administrative offense, the case may be considered at the place of residence of this person. A case of an administrative offense for which an administrative investigation has been carried out is considered at the location of the body that conducted the administrative investigation. Cases of administrative offenses against minors are considered at the place of residence of the person against whom the proceedings are being conducted. A case of an administrative offense entailing deprivation of the right to drive a vehicle may be considered at the place of registration vehicle. Time limits for consideration of cases have been established. A case of an administrative offense is considered within 15 days from the date of receipt by the judge, body, official authorized to consider the case, the protocol on the administrative offense and other materials of the case. If petitions are received from participants in the proceedings or if it is necessary to further clarify the circumstances of the case, the period for consideration may be extended by the judge, body, or official considering the case, but not more than by one month. The judge, body, or official considering the case shall issue a reasoned ruling on the extension of the specified period.

Cases of administrative offenses provided for in Articles 5.1-5.25, 5.45-5.52 of the Code of Administrative Offenses of the Russian Federation (related to violations voting rights citizens) are considered within 5 days from the date the judge receives the protocol on the administrative offense and other materials of the case. Extension of this period is not permitted. The case of an administrative offense, the commission of which entails administrative arrest, is considered on the day of receipt of the protocol on the administrative offense and other materials of the case, and in relation to the person subjected to administrative detention, no later than 48 hours from the moment of his arrest.

The procedure for considering a case of an administrative offense provides for an announcement of who is considering the case, what case is subject to consideration, who and on the basis of what law is held administratively liable. The appearance of the persons involved in the case is checked, and based on the results of the check, it is determined whether the case can be considered.

When the consideration of the case continues, the protocol on the administrative offense is read out, and, if necessary, other materials of the case. Explanations of an individual or a legal representative of a legal entity in respect of whom proceedings are being conducted for an administrative offense, testimony of other persons participating in the proceedings, explanations of a specialist and expert opinion are heard, other evidence is examined, and if the prosecutor participates in the consideration of the case, the his conclusion.

Based on the results of the consideration of the case, one of two types of decisions can be made to impose an administrative penalty or to terminate the proceedings in the case of an administrative offense. A decision to terminate proceedings in the case is made if at least one of the circumstances exists that excludes the proceedings in the case: announcement of an oral comment, termination of proceedings in the case and transfer of case materials to the prosecutor, to the authority preliminary investigation or to the investigative body if the actions (inaction) contain signs of a crime.

Based on the results of consideration of a case of an administrative offense, the following determination may be made:

on transferring the case to a judge, body, official authorized to impose administrative penalties of a different type or size or apply other measures of influence in accordance with the law Russian Federation;

on transferring the case for consideration according to jurisdiction, if it is found that the consideration of the case does not fall within the competence of the judge, body, or official who examined it.

The decision on the case of an administrative offense is announced immediately upon completion of the consideration of the case. A copy of the decision is handed over against receipt to an individual or a legal representative of an individual, or a legal representative of a legal entity in respect of whom it was made, as well as to the victim at his request, or is sent to these persons within three days from the date of the said decision.

The judge, body, official considering the case, when establishing the causes of the administrative offense and the conditions that contributed to its commission, submit to the relevant organizations and relevant officials a proposal to take measures to eliminate stated reasons and conditions. Organizations and officials are required to consider a proposal to eliminate the causes and conditions that contributed to the commission of an administrative offense within a month from the date of its receipt and report measures taken judge, body, official who made the submission.

In a case of an administrative offense there may be a review stage. A decision in a case of an administrative offense can be appealed: made by a judge to a higher court; issued by a collegial body; V district court at the location of the collegial body issued by an official - in higher authority, to a higher official or to the district court at the place of consideration of the case; issued by another body created in accordance with the law of the subject of the Federation to the district court at the place of consideration of the case.

Thus, the appeal procedure can be administrative or judicial. If a complaint against a decision in a case of an administrative offense is received by a court or a higher authority, a higher official, the complaint is considered by the court.

A complaint against a decision in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the decision (and complaints against decisions in cases of administrative offenses related to violation of the electoral rights of citizens, within 5 days). A complaint against a decision is submitted to the judge, body, or official who made the decision on the case and who are obliged to send it with all the materials of the case to the appropriate higher authority or higher official within three days from the date of receipt of the complaint. The complaint is subject to consideration within 10 days from the date of its receipt with all case materials by the court, body, official authorized to consider the complaint (in election cases - within 5 days). Based on the results of consideration of the complaint against the decision in the case of an administrative offense, one of the following decisions is made:

1) to leave the resolution unchanged and the complaint unsatisfied;
2) to change the decision, if this does not increase the administrative punishment or otherwise worsen the position of the person in respect of whom the decision was made;

on the cancellation of the decision and on the termination of proceedings in the case (including if the circumstances on the basis of which the decision was made have not been proven);

on the cancellation of the decision and on the return of the case for a new consideration to the judge, body, official authorized to consider the case, in cases of significant violation of procedural requirements, provided for by the Code of Administrative Offenses RF, if this did not allow a comprehensive, complete and objective consideration of the case, as well as in connection with the need to apply the law on an administrative offense, entailing the imposition of a more severe administrative penalty, if the victim in the case filed a complaint about the leniency of the applied administrative penalty;

on the cancellation of the decision and on sending the case for consideration according to jurisdiction, if during the consideration of the complaint it is established that the decision was made by an unauthorized judge, body, or official.

But the appeal may not end there. The Code of Administrative Offenses of the Russian Federation provides for a review of a decision made on a complaint against a decision in a case of an administrative offense. A decision made by an official and (or) a decision of a higher official on a complaint against this decision can be appealed to the court at the place where the complaint was considered, and then to a higher court. A decision in a case of an administrative offense made by a collegial body, a body created in accordance with the law of a constituent entity of the Federation, and (or) a judge’s decision on a complaint against this decision may be appealed to a higher court.

In addition to appealing, there is the possibility of protesting the decision by the prosecutor, who can file a protest as not having entered into legal force a resolution in a case of an administrative offense and (or) subsequent decisions of higher authorities on complaints against this resolution, as well as against a resolution in a case of an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, protests.

The period for consideration of a case of an administrative offense is very important nuance which all citizens should know about. Indeed, in Russia, at the legislative level, it is possible to avoid some charges or appeal them. In addition, it is important to understand how long a particular case will be considered. Next we will tell you everything about the feature being studied. What options for the development of events take place? What generally can be considered an administrative violation? How long will it be considered in this or that case? Is it possible to somehow extend or speed up this period? By answering all the questions asked, it will be possible to fully clarify the situation. In reality, everything is not so difficult. Especially if you carefully study legislative acts RF.

An administrative violation is...

It is necessary for all citizens to know what period of consideration of a case is required under certain circumstances. But before that, you will have to understand what kind of violations we are talking about.

The Russian Federation provides for several types of liability. We are talking about administrative and criminal cases. It is generally accepted that a criminal case is the ultimate punishment. it is something like a “soft” measure to prevent a repeated violation. This is often expressed in the form of fines.

An administrative offense is an act for which the law establishes administrative responsibility. Such an action/inaction differs in that it does not actually cause significant danger to others. Some actions may be considered both a violation and a crime.

Conviction

What is the period for consideration of a case of an administrative offense? This question will be answered a little later. First you will have to understand in which case a person or entrepreneur is guilty of a specific violation of the administrative code.

The point is that according to established legislation (Article 2.1) legal. a person is guilty of a violation if it has been proven that the organization could have complied with the standards of conduct, but the person did nothing to do so.

The same goes for ordinary citizens. If any violation has been proven administrative nature, the person is found guilty. There is nothing difficult or special about it.

To be found guilty of an administrative violation, a special investigation must be conducted. During it, all materials and circumstances preceding the event are studied. As a result, one decision or another is made. That is why it is important to understand how long the statute of limitations is for considering a case of an administrative offense.

Generally accepted terms

In fact, everything is simpler than it seems. The corresponding code will help you understand the question posed (see image below). It specifies the duration of consideration of cases, as well as the conditions for extending it.

Today we can count on about fifteen days. The thing is that the period for considering a case of an administrative offense is 15 days. The countdown begins from the moment the protocol on certain acts is received. It is possible to obtain evidence materials made using modern technical equipment capable of photo and video recording. For example, from “safe city” cameras.

In practice, this is exactly the duration that occurs. It is generally accepted that administrative cases are considered no more than two weeks. This is the maximum time in which the issue can be resolved. One can hope that the case will be resolved faster. This factor cannot be called exact; it all depends on the load on a particular organ.

In a court

The next stage that needs to be carefully studied is the consideration of cases in court. Often even minor violations of an administrative nature are transferred judicial authorities. It is important to understand that the study will have a different duration.

The period for consideration by the court of an administrative offense case is currently 2 months. The starting point is the moment of receipt of the protocol or petition for a violation. This is exactly the duration specified in the Code of Administrative Offenses, in Article 29.6.

As in the previous case, the court is able to make this or that decision faster. But in practice, such situations are rare. You should not count on a quick resolution of the case. When applying to authorities to protect your own rights and freedoms, you always take into account the maximum duration of work with certain documents.

Extension

As already mentioned, under certain circumstances it is possible to extend the period for studying administrative offenses. This measure does not occur very often in practice.

Extension of the period for consideration of a case of administrative violation in Russia under established laws carried out by an investigating authority or court. To do this, certain conditions must be met. Which ones exactly?

For example:

An extension occurs if the parties to the case file a motion to reconsider the violation. This is a very common scenario in which events can develop.
If additional investigation or study of new circumstances is necessary. If the previously established deadlines are not met, the court or the body considering the violation has the right to conduct an additional investigation.

Violations cannot be studied without reason. There must be a compelling reason to bring the idea to life.

The judge or the body studying the case has the right to extend the period for consideration of a case of an administrative offense for a particular period. If the situation and circumstances require it. Total term The consideration of a case of an administrative offense may be extended by no more than 1 month. This event requires a reasoned determination.

Special cases

It should be noted that Russian legislation has a huge number of features and nuances in all its directions. Even when studying certain violations. And administrative matters are no exception. What every person needs to remember.

The period for consideration of a case of an administrative offense under certain circumstances is five days from the date of delivery of the protocol. The law does not provide for an extension of this period. We are talking about cases related to violations under articles of the Code of Administrative Offenses:

5.1-5.25;
5.58;
5.69;
5.45-5.52.

These are the restrictions that apply today in Russia. There is no other option. Every citizen must remember this.

Arrest and expulsion

All of the listed features and nuances are not the only ones of their kind. Miscellaneous violations are being considered different time. This is normal. The statute of limitations for considering an administrative offense case can be very short. Significantly less than the previously stated restrictions.

We are talking about situations in which a citizen is imposed or expelled from the territory. How long is the period for considering a case of an administrative offense? At the legislative level, a limit of one day is established. This means that if expulsion or imposition is necessary administrative arrest, the case will be considered within 24 hours from the moment the protocol or evidence of the act was received.

The exception is cases in which a person already detained is involved in the violation. Then the period for consideration of the case of an administrative offense will be two days. Or rather, no more than forty-eight hours. The countdown should begin from the moment the offender is detained.

Suspension of activities

The timing of consideration of a case of an administrative offense (traffic violation or any other case is not so important) has already been considered. Almost everything possible options developments of events became known. It remains to take into account the latest features of the topic being studied.

For example, some violations involve the suspension of a company or citizen's activities. The study of such cases is nothing more than the latter feature. How long will it take to consider a case of an administrative offense if the company’s activities have been temporarily suspended?

A week is allotted for such events. More precisely, 7 days from the date of termination of the company’s activities and work process. It should also be taken into account that temporary suspension of activities will ultimately count towards the administrative penalty.

Deadline

Perhaps all possible scenarios have been studied. It's actually not that difficult! If you have a good understanding of the laws of the Russian Federation, you can accurately say how much will be allocated for the study of a particular administrative violation.

Pay special attention to the time limit when you can go to court after an offense. How long can a perpetrator be brought to justice?

There are different cases. It all depends on the circumstances. Today, one should rely on the fact that the statute of limitations for considering a case of an administrative violation remains:

2 months for most violations;
1 year - if the penalty is disqualification or if the violation is ongoing.

Its calculation begins either from the moment of receipt of petitions for review of violations, or in the presence of a protocol on the initiation of a case, or from the moment of the actual commission of the crime.

Accordingly, according to the rules established today, the period for consideration of a case about, for example) is 12 months. There is nothing difficult to understand. It is enough to simply classify the committed act.

About violation of deadlines

One of the most important problems in the legislation is a violation of the deadlines for considering a case of an administrative offense. This phenomenon needs to be examined as carefully as possible, and a little attention should be given to this process. The point is that such an act violates a person’s rights to protect their freedoms and interests in court, which is described in detail in the Constitution.

It should be noted that the body considering the case is obliged to take all possible actions to eliminate the unjustified violation. As already mentioned, some deadlines for studying violations can be extended, but only if there are compelling reasons.

If it has been proven that the deadline for considering a case of an administrative offense has been violated without reason, the reviewing body or judge will be subject to disciplinary liability. He may even be deprived of his powers early.

Unfortunately, today administrative violations are becoming more and more common. In this regard, the number of cases that are considered without complying with the established restrictions is growing.

How to behave

What to do if a citizen suspects that the period for considering a case of an administrative violation is less than the amount of time reported by the body considering the act?

There are several options. You can either complain to higher authorities, reinforcing their dissatisfaction with the country’s legislation, or just wait. As practice shows, it is the second case that is most optimal. As already mentioned, the increase in the number administrative violations leads to an increase in the expectation of satisfaction of certain complaints.

Results and conclusions

From now on, it is clear how long the statute of limitations for considering a case of an administrative offense lasts. You will have to pay attention to the numerous features of the committed act. This is the only way to establish the maximum duration for studying the case.

Some situations make it possible to extend the administrative investigation. In practice, such cases do not occur very often. After all, there must be compelling reasons for them.

Most often, administrative cases are considered within 5-15 days. It is these restrictions that we recommend paying attention to.