The deadline for appealing 30.3 of the Code of Administrative Offenses to the Arbitration Court. Missing the deadline for appealing a decision in a case of an administrative offense
ST 30.3 Code of Administrative Offenses of the Russian Federation
1. Complaint against the decision in the case of administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the resolution.
2. If the deadline provided for in part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by the judge or official, competent to consider the complaint.
3. Complaints against decisions in cases of administrative offenses provided for in Articles 5.1-5.25, 5.45-5.52, 5.56, 5.58, 5.69 of this Code may be filed within five days from the date of delivery or receipt of copies of decisions.
4. A ruling is issued on the rejection of the petition to restore the period for appealing the decision in the case of an administrative offense.
Commentary to Art. 30.3 of the Code of Administrative Offenses of the Russian Federation
1. The commented article defines a 10-day period for appealing a decision in a case of an administrative offense.
Previously, this period was calculated from the date of the decision, which was not entirely justified and fair. Now the period is calculated from the date of delivery or receipt of a copy of the resolution. This calculation of the period creates additional guarantee the fact that the person entitled to appeal the decision has sufficient time to analyze the text of the decision and prepare a complaint. In this case, the countdown of the period begins from the next day after the date of delivery or receipt of a copy of the decision by the person entitled to appeal it. The end of the period is determined by the general rules applied in both civil and criminal proceedings. The deadline expires at 24 hours on the last tenth day. If the end of the period falls on a non-working day, then the last day of the term is considered to be the first working day following it. If the complaint is sent by mail, the moment of its filing is determined by postmark day of delivery by mail.
2. The law retains the possibility of restoring the specified period missed for valid reasons. The question of reinstating the appeal period is within the discretion of the judge or official authorized to consider the complaint.
3. It should be noted that the commented article established a shortened (five-day) period for appealing decisions in cases of violations voting rights citizens and legislation on elections and referendums. In combination with the five-day period for consideration of such complaints (Part 2 of Article 30.5 of the Code of Administrative Offenses of the Russian Federation), this is intended to ensure a more prompt legal response to an offense committed in the context of a dynamic and time-limited election process.
1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision. 2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint. 3. Complaints against decisions in cases of administrative offenses provided for in Articles 5.1-5.25, 5.45-5.52, 5.56, 5.58 of this Code may be filed within five days from the date of delivery or receipt of copies of decisions. 4. A ruling is issued on the rejection of the petition to restore the period for appealing the decision in the case of an administrative offense.
Legal advice under Art. 30.3 Code of Administrative Offenses of the Russian Federation
Question answered over the phone
Question answered over the phone
Question answered over the phone
- Lawyer's answer:
I will correct one of the previous authors. The deadline for filing a complaint is valid 10 days, but NOT from the date of the Resolution, but from the date of delivery or receipt of the Resolution. Article 30.3. 1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision. -------------------You, unfortunately, hid information about which body issued the Resolution, on which article of the Code of Administrative Offenses
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- Lawyer's answer:
Article 30.3. Time limit for appealing a decision in a case of an administrative offense 1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision. 2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint. 3. Complaints against decisions in cases of administrative offenses provided for in Articles 5.1 - 5.25, 5.45 - 5.52, 5.56 of this Code may be filed within five days from the date of delivery or receipt of copies of decisions. (Part three was introduced by Federal Law dated July 4, 2003 N 94-FZ, as amended by Federal Law dated July 21, 2005 N 93-FZ) If the tenth day falls on a weekend or holiday, then the last day is considered the day following the weekend or holiday .
- Lawyer's answer:
- Lawyer's answer:
Dear Palych is misleading everyone. There may be a ruling on initiating a case of an administrative offense. By logical inference, Lyubov most likely meant - Resolution in a case of an administrative offense. Article 30.3. Term for appealing a decision in a case of an administrative offense 1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.
An administrative offense is not initiated by a prosecutor. It will be possible to appeal the decision to impose an administrative penalty.
- Lawyer's answer:
Delivered on the 26th.... 27 is the first day of the deadline.... 27,28,29,30,31,1,2,3,4,5 Tomorrow is the last day to file a complaint.... Can be sent by registered mail If only got 27 or 28 then it would be possible on Monday Article 30.3. Time limit for appealing a decision in a case of an administrative offense 1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision. The beginning of the period is determined by the day of delivery/receipt of the resolution!!
- Lawyer's answer:
Marina Osipova
appealing a traffic police decision on an administrative offense.
cannot increase it, can leave it as is, or cancel the resolution
The decision on an administrative offense can be appealed no later than 10 days from the date of its receipt.
- Lawyer's answer:
The ten-day period for filing a complaint against a decision in a case of an administrative offense begins to run from the day following the day you were served or received a copy of this decision (pay special attention to this, since the day the decision was made in the case of an administrative offense and the day you received it copies may not match). For example, you received a copy of the resolution on the 1st of the month. The ten-day period begins to run from 00 o'clock. 00 minutes on the 2nd and ends at 24 hours. 00 min. 11th day of the month. A complaint against a decision in a case of an administrative offense submitted to a communications organization (by mail) before 24 hours last day ten days is considered to be filed on time. Grounds: part 1 of article 30.3, parts 1, 4 of article 4.8 of the Code Russian Federation about administrative offenses.
From the moment the decision on an administrative offense is made, and if the offender was not present at court hearing, then a copy of the resolution must be sent to him within 3 days, and the period will be calculated from the moment he receives a copy of the resolution.
unpromising.
- Lawyer's answer:
To mustang777 part 2 of the same article “In case of missing the deadline provided for in part 1 of this article, the specified period at the request of the person filing the complaint may be restored by a judge or official competent to consider the complaint” and part 4 of the same “On the rejection of the petition a ruling is issued to restore the period for appealing a decision in a case of an administrative offense.” That is, if you are denied the restoration of the appeal period, then only supervision will remain.
- Lawyer's answer:
If you have problems with missing a deadline, please send by mail with a receipt acknowledgment... On the last day of the ten-day period (the first working day after the weekend), submit it to the post office - the deadline will not be considered missed.... The norm of the Code of Administrative Offenses of the Russian Federation in in this case. . .Regarding appeals against legal entities, see the practice... There are precedents that arbitration courts refuse to consider a complaint for reasons that are beyond the jurisdiction of the arbitration court (for example, an offense committed by a legal entity that encroached on relations in the field of border control (Chapter 18 of the Code of Administrative Offences)), although the Code of Administrative Offenses is clearly written ....And as for the issue of not identifying the culprit, you initially acted with violation of the Code of Administrative Offenses.... IT CLEARLY SAYS that cases are being initiated against specific persons, unlike the Code of Criminal Procedure, for example... According to the Code of Criminal Procedure, in this case you would simply suspend the case by instructing the investigative intelligence agencies to identify the person... The Code of Administrative Offenses will not provide such an opportunity
- Lawyer's answer:
You can file a cassation appeal on the next working day after the holidays, i.e. you should have done this on 01/11/2012, and during the holidays this could be done by sending the complaint by mail (then the deadline for filing your complaint would be considered - the number on the mail stamp) write petition to restore the appeal period (see question below)
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- Lawyer's answer:
A complaint against a decision in a case of an administrative offense is subject to consideration within two months from the date of its receipt, along with all the materials of the case, by the court competent to consider the complaint. You must be notified of the date, time and place of consideration of the complaint.
- Lawyer's answer:
- Lawyer's answer:
My colleague and I discussed your question for a long time, but came to the conclusion...) That they are refusing correctly. Article 30.1. The right to appeal a decision in a case of an administrative offense 3) made by an official - to a higher body, a higher official or to the district court at the place of consideration of the case; You should have first appealed to the district court. If they had received a refusal, then they would have been put under supervision.
- Lawyer's answer:
So this Code of Administrative Offenses needs to be opened... Article 30.7. Decision on a complaint against a resolution in a case of an administrative offense 1. Based on the results of consideration of a complaint against a resolution in a case of an administrative offense, one of the following decisions is made: 1) to leave the resolution unchanged and the complaint not satisfied; 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; 3) to cancel the decision and to terminate the proceedings in the presence of at least one of the circumstances provided for in Articles 2.9, 24.5 of this Code, as well as if the circumstances on the basis of which the decision was made were not proven; 4) 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 the procedural requirements provided for by this Code, 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 appointment of a more stringent administrative punishment if the victim in the case filed a complaint about the leniency of the administrative punishment applied; 5) to cancel the decision and to send 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. 2. The decision based on the results of consideration of a complaint against a decision in a case of an administrative offense must contain the information provided for in Part 1 of Article 29.10 of this Code. 3. When considering a complaint against a decision in a case of an administrative offense, a ruling is made to transfer the complaint for consideration according to jurisdiction, if it is found that its consideration does not fall within the competence of the judge or official
Within 10 days from the date the protocol on the administrative offense was issued, you can appeal it in the magistrate’s court, at the place where the offense was committed or at the place of residence (if the need for this was indicated in the protocol).
until they make a decision on the complaint.... AND YOU DO NOT HAVE THE TERM OF DEFERMENT YET
via mail on Saturday. it doesn't matter when the letter is sent. registration of the letter by mail must correspond to the deadline for appealing the decision
- Lawyer's answer:
The judge is wrong. If the decision was not appealed, it came into force on March 28, 2007. If it was appealed but not cancelled, then on the day the complaint was considered. CODE OF THE RUSSIAN FEDERATION ON ADMINISTRATIVE OFFENSE Article 30.3. Time limit for appealing a decision in a case of an administrative offense 1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision. Article 31.1. Entry of a resolution in a case of an administrative offense into legal force A resolution in a case of an administrative offense enters into legal force: 1) after the expiration of the period established for appealing a decision in a case of an administrative offense, if the said resolution has not been appealed or protested; 2) after the expiration of the period established for appealing a decision on a complaint, protest, if the said decision has not been appealed or protested, except in cases where the decision cancels the decision; the decision made.
- Lawyer's answer:
Many have already answered you. But I would like to add, because I recently won 2 cases under 12.15.4, one in the court of first instance, the other in the court of second instance. The first thing you need to do (EVEN BEFORE THE COURT) is to get acquainted with the materials of the administrative case, look for all sorts of gay blunders, and in court already file motions to recognize documents drawn up in violation of the law as inadmissible evidence. The second is to bring witnesses to the court who will confirm that the signs stood exactly as they are shown in the photo. The more witnesses, the better. It is better if these are real witnesses. It is advisable that these witnesses are strangers to you before. Requests to include a photo in the file must be submitted in writing. The decision to deprive of rights is definitely worth appealing; in any case, it won’t get any worse, but to file a complaint, I recommend contacting a good specialist.
How to file a complaint? To appeal a decision in a case of an administrative offense, it is necessary to draw up a complaint and submit it to a higher official, a higher authority or court within the period established by law. Complaint...
- Lawyer's answer:
In general, it is NOT the PROTOCOL on the administrative offense that is being appealed. (What and how did you want and could appeal if there was no decision in the case?) A DECISION in a case of an administrative offense is being appealed. If, for example, on May 16, a DECISION was passed by the court, then the period for appeal begins to run from the day it was served on you or received by you copies of this DECISION.
only according to the terms of bringing to responsibility
- Lawyer's answer:
Well, why are you rushing straight to court? The period for appealing the decision is 10 days from the date of receipt of a copy of the decision. For example, if on the 11th it was handed over (or received), then on the 22nd the decision (that is, the resolution) comes into force. And for compensation for damage, you can no longer contact insurance company the culprit of the accident, and act through “your” insurance company. If I'm not mistaken, this is called "direct settlement of losses." That is, you feed into “your” fear. company your copy of the decision on the accident, a certificate of form 748 from the traffic police + the rest of the documents according to the list... and wait for payment! To speed up the procedure, you can easily obtain from the traffic police a certified copy of the decision on the second participant in the accident and, with the same “package,” provide it at your own risk. company.
Everything you find on the net will still have to be adapted to your situation, and the reasons for which you want to appeal the decision are also, as they say, personal, there is no ready-made template. It all depends on your specific situation.
Lyudmila Soboleva
Challenging a decision in a case of an administrative offense outside the procedural procedure. I received a summons to pay an administrative fine of 100 rubles. Arriving at the police station, they showed me a protocol, from which it followed that a month ago I drank beer in public. place. But I don't drink beer at all. Someone indicated my name and address. And the inspector drew up a protocol based on this. Question: 1. What violation did the police officer commit? 2. How to resolve this case on its merits 3. What responsibility awaits the police officer?
Petr Lamzin
A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision. Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation Source: http://zakon-auto.ru/info/srok-lisheniya.php
Elena Dorofeeva
Hello, please tell me, we sold the car on April 1. The new owner did not register it and has already received 10 fines. Today, a whole bunch of them were received by the postman, of course, all without notice and they started causing hell at the post office. On April 6, the deadline for filing a complaint has expired, what to do!
Vera Fedotova
I received a letter about administrative resolution dated 02/05/18 comes into force, but I received the letter only on 02/16/18, what should I do and can I appeal it appeal it
Igor Malevanny
Good afternoon Please tell me whether it makes sense to appeal in court the decision to “dismiss the complaint” of the Video Recording Center. (We violated the deadlines for filing a complaint to challenge the Fines) We sold the car by proxy and the buyer was supposed to register it within the period specified by law, but instead he sold it himself. The current owner not only did not register it properly, but also regularly violates traffic rules. After which we started receiving fines. The fact is that there are no documented reasons why we did not meet the deadline for appealing the fines. There is only the fact that they became familiar with the procedure very late and only after that they themselves deregistered the car and wrote complaints to the video recording center. Until this moment, they tried to contact the violator and hold him accountable by handing over fines to him. Our direct buyer refused to pay the fines and did not explain the reasons why he did not register the car (showed only a certain/next sales agreement and advised calling the new owner). It was not possible to reach the current owner of the car and find him at his place of residence (registration using his passport). Only after this did they begin to study the Fa and practice in such a situation. This lasted about 3 months, of course, we did not meet the allotted 10 days for the appeal. (10 fines)
Larisa Dmitrieva
appeal a decision on an administrative violation. I received a copy of the decision on an administrative offense committed 2 months ago to pay a fine, the facts stated there are unreliable (time, place, data), where can I appeal this decision (and can I charge a police officer for libel). And the protocol was not drawn up and was not invited
? But in any case, you must file a complaint against the Decree with the district court.
Zoya Shcherbakova
Olesya Volkova
a resolution was issued to initiate an administrative offense. Is there a time limit for appealing this decision? And is there an approved form for filing an appeal?
Daniil Maksyutin
what is the procedure for appealing the prosecutor's decision to initiate an administrative offense. thank you
Ekaterina Maksimova
How to calculate the period for appealing a decision in a case of an administrative offense. Dear lawyers, please advise on the issue. In Art. 4.8 of the Code of Administrative Offenses of the Russian Federation states that the course of the period, specific period, begins the next day after the calendar date or occurrence of the event that determines the beginning of the period. The period calculated in days expires on the last day deadline. If the resolution was served on March 26th, and the deadline is counted from the next day, i.e., from the 27th, i.e., 28, 29, 30... and the deadline ends on the 6th (Saturday, which means on Monday) or will the period end on April 5th (Friday, which means that the complaint must be filed on Friday)?
Nikolay Tropin
What is the statute of limitations for an administrative offense? that is, until when can you file a lawsuit?
Ekaterina Stepanova
In what order (and what time frame) can I appeal the decision on the appointment of an administrator? punishments from Rosprirodnadzor? (fine) :(
Ekaterina Krylova
How to correctly calculate the deadline for an appeal.. Receipt for payment of a fine for administrative violation I was given it on October 11th. The resolution is also dated October 11. The period for appeal is 10 days. When is the last day of the deadline? And is it possible to send a complaint by mail on the last day of the deadline?
Mikhail Velyashev
what is the procedure for appealing a decision on an administrative offense and how to fill out the protocol correctly
Evgeniy Baranenkov
From what date does the period for appealing a court decision on administrative offenses begin?
Grigory Vitenev
Is it possible to appeal a decision on an administrative offense if I did not sign it with my own signature???
Grigory Baglaev
Time limit for challenging a fine for an administrative violation. for the first time I came across the question....how long can one challenge a fine - to this I received the answer - 10 days.... BUT let’s say a person was fined, and only a month later he realized that he was specifically raped for this and he can prove his innocence... or in such a situation - the person was fined, he did not agree with this and filled out a large protocol, but that same evening he went on a business trip and, returning from it, wants to dispute the nonsense that was presented to him (documents that the person was on a business trip)....Provided that I have documents in my hands that prove that within 10 days I could not do this in any way, can I insist on this after these 10 days? in general somehow
Liliya Andreeva
How long does it take to appeal a decision on an administrative offense in relation to legal entity?. The Code of Administrative Offenses of the Russian Federation establishes a period of 10 days including weekends and holidays. But the decision regarding a legal entity is appealed to the arbitration court, and in the Arbitration Procedure Code of the Russian Federation the period is 10 days without weekends and holidays.
Pavel Logachev
Are they interrupting new year holidays time limit for appealing a decision in a case of an administrative offense? On December 16, 2011, the Moscow district court issued a decision to bring administrative responsibility. The resolution was prepared later and a copy of it was received on December 27, 2011. Next came the New Year holidays. On January 12, 2012, a cassation appeal was filed through the court that made the decision. today from this court from the judge considering the case, a regular letter arrived stating that the court is returning cassation appeal due to missing the ten-day appeal period from the receipt of a copy of the decision. I don’t understand a little how to deal with the holidays and the actual impossibility of sending a complaint (I’m not sure, but I think the post office didn’t work on New Year’s holidays either). In the complaint, he did not ask to restore the missed deadline, because and could not think that it could be rated as missed. Tell me what can be done now in such a situation. Thank you.
Maxim Shchetinkin
Appeal against entered into legal force decisions in the case of an administrative offense. INSIDE. in accordance with Art. 30.12 of the Code of Administrative Offenses of the Russian Federation, decisions that have entered into legal force can be appealed to the court. I'll bring it today supervisory complaint to the (regional) court. They refuse to accept it, citing the fact that only COURT DECISIONS in cases of administrative offenses (and not decisions of officials) that have entered into legal force are appealed. Although in Art. 30.12 of the Code of Administrative Offenses does not indicate this. So is the court right or wrong? I know that it seems that such decisions will be appealed in the supervision. then why didn't they accept it? what's wrong?
Zinaida Krylova
What are the grounds for appealing a decision on an administrative offense?
Valery Kondrukhov
What is the procedure for appealing a traffic police decision?
Ilya Kutyrev
Appealed the decision of the magistrate on an administrative offense
Georgy Taranin
Time limit for appealing a decision on an administrative violation. Tell me, if the ten-day period for appealing a decision on an administrative offense expires on November 5 (Saturday), is it extended until November 7 (Monday) due to holidays or still in accordance with Part 1 of Art. 30.3 must the complaint be submitted on Saturday via mail?
Evgenia Fomina
Appealing a decision in a case of an administrative offense. 06.12.06 rendered postnan. in the case of admin. offense. March 17, 2007 it was received by a person involved in the administration. responsibility, where it signed the notice. However, the person did not appeal in a timely manner. The judge writes in the decision that the resolution came into force on January 17, 2007. It seems to me that this is wrong. When does this resolution come into force?
Alla Queen
Question about appealing a decision on an administrative offense.. The next day after a protocol on an administrative offense was drawn up against me (under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation), I photographed the road signs, the requirements of which I allegedly violated. One sign was placed backwards, and the other was not visible behind the foliage of the tree. The magistrate rejected the photographs as evidence, pointing out that it was impossible to draw an indisputable conclusion from them that they depicted the exact place where the administrative offense was committed. As a result - deprivation for 4 months. Now there is a question of appealing the decision of the magistrate. Question: is the magistrate right in this regard and what arguments can be given in a complaint against his decision? Does it make sense to present new photographs? How should photographs be prepared in this case? Are there any witnesses needed to confirm the location of the photograph? And lastly: isn’t it the court’s responsibility to check the authenticity of the photos presented?
Artem Puzankov
Administrative offenses
Irina Medvedeva
Help me please!!! Can the magistrate court make a decision before the end of the period for appealing the protocol???? Example: on May 1, a protocol on an administrative offense was drawn up against a legal entity, without the presence of a representative; on May 9, a letter was received to the defendant notifying about the preparation of this protocol. The period for appeal, as I understand it, is counted from this day. Already on May 16, the magistrate court issued a decision to bring this defendant to administrative responsibility. Does the court have the right to make a decision before the end of the appeal period??? Thank you in advance for your help!
Evgeniy Laryukhin
Appeal of a decision by an official. Does the official who drew up the protocol on an administrative offense have the right to appeal the decision adopted based on the results of its consideration?
Konstantin Kuzmenko
Has anyone appealed the decision on an administrative offense for speeding caught on camera? How to prove it? I was driving exactly as I should, and they flew by... The fine came for exceeding the limit by more than 20 km
Artem Nozdrevaty
the period for appealing a decision on an offense through the traffic police. There was an accident. The inquiry inspector ruled in my favor, with which the second participant did not agree. According to the code, he is given 10 days to appeal, from what day will the resolution come into force if it is not appealed, since an official or body is also given 10 days to consider the complaint? How to claim compensation for damage if your insurance company is not in the city? Is the only way out to go to court?
Roman Savchenko
Where can I get a sample for appealing a decision in a case of an administrative offense?
The provisions of this article (as amended by Federal Law No. 263-FZ of October 4, 2010) apply to legal relations arising in connection with elections and referendums scheduled after the entry into force of Federal Law No. 263-FZ of October 4, 2010 - see part 4 of article 6 of the Federal Law of October 4, 2010 N 263-FZ.
Database manufacturer's note.
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1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.
3. Complaints against decisions in cases of administrative offenses provided for in Articles 5.1-5.25, 5.45-5.52, 5.56, 5.58 of this Code may be filed within five days from the date of delivery or receipt of copies of decisions (part additionally included on July 19, 2003 by the Federal Law of July 4, 2003 N 94-FZ; supplemented from August 6, 2005 by Federal Law of July 21, 2005 N 93-FZ; supplemented from November 8, 2010 by Federal Law of October 4, 2010 N 263-FZ.
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Part three of the previous edition from July 19, 2003 is considered part of the fourth edition of this edition - the federal law dated July 4, 2003 N 94-FZ.
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4. A ruling is issued on the rejection of the petition to restore the period for appealing the decision in the case of an administrative offense.
Commentary on Article 30.3 of the Code of Administrative Offenses of the Russian Federation
1. A single deadline has been established for filing a complaint against a decision in a case of an administrative offense - 10 days from the date of delivery or receipt of a copy of the decision. This period begins to be calculated from the day following the day of delivery or receipt of a copy of the decision by the person having the authority to appeal of this document(see commentary to Article 30.1 of the Code of Administrative Offenses of the Russian Federation).
Despite the fact that the Code of Administrative Offenses of the Russian Federation does not provide for the possibility of appealing a ruling to reject a petition to restore the said period, this ruling, based on general principles administration of justice, can be appealed, since it excludes the possibility of further progress in the case of an administrative offense, which entails a violation of the right of the person brought to administrative responsibility to defense, in accordance with the Resolution of the Plenum Supreme Court RF dated 03/24/2005 N 5 (as amended on 05/25/2006) “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offences” ( Russian newspaper. 2005. April 19; Bulletin of the Supreme Court of the Russian Federation. 2005. N 6).
In judicial practice, valid reasons for missing the deadline for filing a complaint are: insufficient legal awareness of a citizen about the procedure for filing complaints, temporary departure from permanent place residence, confluence of family circumstances.
When receiving a complaint with a missed deadline for filing it, regardless of the reasons for this, the judge takes measures to suspend the execution of the decision, which has formally entered into legal force, but is actually contested and subject to revision.
In case of omission when filing a protest against a decision that has entered into legal force in a case of an administrative offense and (or) subsequent decisions higher authorities in response to complaints against this decision on the term, the prosecutor must file an application for the restoration of this term, which is considered by the relevant district courts.
2. By general rule solution arbitration court of the first instance comes into force upon the expiration of a month from the date of its adoption, unless an appeal is filed (Part 1 of Article 180 of the APC). As an exception to this rule, decisions in cases of administrative offenses (including cases of prosecution) come into force within 10 days from the date of their adoption. The date of adoption of the decision is considered to be the date of production of the decision in full (Part 2 of Article 176 of the APC).
Accordingly, the APC establishes the beginning of this period differently than the article under comment.
4. Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 N 5 (as amended on May 25, 2006) “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offenses” (Rossiyskaya Gazeta. 2005. April 19; Bulletin Supreme Court of the Russian Federation. 2005. N 6) contains an explanation on the issue of issuing a ruling to reject a petition to restore the period for appealing a decision in a case of an administrative offense. In this situation, despite the fact that the Code of Administrative Offenses of the Russian Federation does not provide for the possibility of appealing against this determination, it, based on the general principles of the administration of justice, can be appealed, since this determination excludes the possibility of further progress of the case, which entails a violation of the rights of the person held administratively liable, for protection.
Another commentary on Article 30.3 of the Code of Administrative Offenses of the Russian Federation
For judges and officials authorized to consider the complaint, see paragraphs 3 - 6 of the commentary to Art. 30.1 (see paragraph 2, paragraph 1 of the commentary to Article 30.2).
A complaint (application) against a resolution (decision) imposing an administrative penalty, a complaint (application) against a resolution (decision) to terminate the proceedings in the presence of circumstances excluding the proceedings specified in paragraphs 1 - 3 of Art. 24.5 of the Code of Administrative Offences, as well as a determination to refuse to initiate proceedings on an administrative offense, issued in accordance with Part 5 of Art. 28.1 of the Code of Administrative Offences, may be appealed by persons entitled to file a complaint (see paragraph 1 of the commentary to Article 30.1), within 10 days from the date of delivery or receipt of a copy of the resolution (decision) in the case of an administrative offense or a copy of the ruling on refusal initiation of a case (on the correlation of procedural legislation when considering cases of administrative offenses, see paragraph 1 of the commentary to Article 29.1).
A ruling to reject a petition to restore the period for appealing a decision in a case or a ruling to refuse to initiate a case is made by a judge or official authorized to consider the complaint.
REFERENCE INFORMATION
Art. Art. 30.1, 30.2, 30.3 Code of Administrative Offenses of the Russian Federation
Article 30.1. The right to appeal a decision in a case of an administrative offense
1. A decision in a case of an administrative offense may be appealed by the persons specified in - 25.5 of this Code:
1) rendered by a judge - to a higher court;
2) issued by a collegial body - to the district court at the location of the collegial body;
3) issued by an official - to a higher body, to a higher official or to the district court at the place of consideration of the case;
4) issued by another body created in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case.
1.1. A decision in a case of an administrative offense made by a judge may also be appealed to a higher court by an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense.
2. If a complaint against a decision in a case of an administrative offense has been received by the court and a higher authority, a higher official, the complaint is considered by the court.
Based on the results of consideration of the complaint, a decision is made.
3. Resolution in a case of an administrative offense committed by a legal entity or a person carrying out entrepreneurial activity without forming a legal entity, appealed to the arbitration court in accordance with the arbitration procedural legislation .
4. The decision to refuse to initiate a case on an administrative offense is appealed in accordance with the rules established by this chapter.
Article 30.2. The procedure for filing a complaint against a decision in a case of an administrative offense
1. A complaint against a decision in a case of an administrative offense is submitted to the judge, body, official who issued the decision on the case and who are obliged to send it with all the materials of the case to the appropriate court, higher body, or higher official within three days from the date of receipt of the complaint face.
2. A complaint against a judge’s decision to impose an administrative penalty in the form of administrative arrest or administrative expulsion must be sent to a higher court on the day the complaint is received.
3. A complaint can be filed directly with a court, a higher body, or a higher official authorized to consider it.
4. If consideration of the complaint does not fall within the competence of the judge or official by whom the decision in the case of an administrative offense is appealed, the complaint is sent for consideration according to jurisdiction within three days.
5. Complaint against a decision in a case of an administrative offense state duty is not a subject to a tax.
6. A complaint against a judge’s decision to impose an administrative penalty in the form of administrative suspension of activities must be sent to a higher court on the day the complaint is received.
Article 30.3. Time limit for appealing a decision in a case of an administrative offense
1. A complaint against a decision in a case of an administrative offense may be filed within ten days from the date of delivery or receipt of a copy of the decision.
2. If the deadline provided for in Part 1 of this article is missed, the specified period, at the request of the person filing the complaint, may be restored by a judge or official authorized to consider the complaint.
3. Complaints against decisions in cases of administrative offenses provided for -
Algorithm of actions when appealing decisions and decisions in cases of administrative offenses (Chapter 30 of the Code of Administrative Offenses of the Russian Federation)
General provisions
1. What can you appeal?
Based on Articles 30.1, 30.9, 30.10, 30.12 of the Code of Administrative Offenses of the Russian Federation, you can appeal:
1) Resolutions in a case of an administrative offense that have not entered into legal force;
2) Resolutions in the case of an administrative offense that have entered into legal force;
3) Subsequent decisions on a complaint against a decision in a case of an administrative offense;
4) A ruling to refuse to initiate proceedings regarding an administrative offense.
2. Who has the right to appeal a decision in cases of an administrative offense that has not entered into legal force?
The persons specified in Article 30.1 of the Code of Administrative Offenses of the Russian Federation have the right to appeal, namely:
1) A person against whom proceedings are being conducted for an administrative offense (Article 25.1 of the Code of Administrative Offenses of the Russian Federation);
2) Victim (Article 25.2 of the Code of Administrative Offenses of the Russian Federation);
3) Legal representatives of an individual and a legal entity (Article 25.3 -25.4 of the Code of Administrative Offenses of the Russian Federation);
4) Defender and representative (Article 25.5 of the Code of Administrative Offenses of the Russian Federation);
5) Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs (Article 25.5.1 of the Code of Administrative Offenses of the Russian Federation).
2.1. Does the prosecutor have the right to lodge a protest against a decision in cases of administrative offense (PDAP)?
Yes, in accordance with Article 30.10 of the Code of Administrative Offenses of the Russian Federation, the prosecutor has the right to bring protests to:
1) A resolution in a case of an administrative offense that has not entered into force or has entered into legal force;
2) And (or) subsequent decisions of higher authorities on complaints against this resolution
2.2. Does a person authorized by law to draw up a protocol on an administrative offense have the right to appeal a decision (PDAP) made by a judge?
Yes, according to Part 1.1 of Article 30.1 of the Code of Administrative Offenses of the Russian Federation, such a person has the right to appeal the PDAP issued by the judge to a higher court. But this right applies only to decisions that have not entered into legal force. If the resolution has already entered into legal force, then such a person does not have such a right (Article 30.12 of the Code of Administrative Offenses of the Russian Federation).
3. Where can decisions in cases of administrative offenses that have not entered into legal force be appealed?
It all depends on the person or body that issued the decision (Article 30.1 of the Code of Administrative Offenses of the Russian Federation):
Judge - to a higher court (for example, a magistrate made a decision, an appeal is made to a district court);
By a collegial body - to the district court at the location of the collegial body;
An official - to a higher official or to a higher authority or to the district court at the place of consideration of the case (military personnel - to the garrison military court). That is, in this case, the right to choose where to file a complaint is given.
A resolution (PDAP) made by another body created in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case;
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Attention! If a complaint against a decision in a case of an administrative offense is filed simultaneously both with the court and with a higher body or a higher official, then, in accordance with Part 2 of Article 30.1 of the Code of Administrative Offenses of the Russian Federation, the complaint is considered by the court. |
3.1. When the case is to challenge a decision administrative body jurisdiction of the arbitration court, and when the court general jurisdiction?
Resolution in the case of an administrative offense related to the implementation of business or other economic activity a legal entity or a person carrying out entrepreneurial activities without forming a legal entity, appeals to arbitration court in accordance with arbitration procedural legislation, namely in the manner established by § 2 Chapter 25 of the Arbitration Procedure Code of the Russian Federation. Unfortunately, in practice there is no clear understanding of which cases fall under the jurisdiction of arbitration courts and which courts of general jurisdiction.
Partially the answer to the question of what cases will be within the jurisdiction of courts of general jurisdiction is given in paragraph 33 of the Resolution of the Supreme Court of the Russian Federation No. 5, as well as in the answer to question 10 of Section VI of the Review judicial practice Supreme Court of the Russian Federation 1 (2014).
IN court of general jurisdiction resolutions and decisions in cases of administrative offense are appealed if the objective side of the offense is aimed at a violation or failure to comply with legislation in the field of:
a) sanitary and epidemiological well-being of the population;
b) in the field of environmental protection and natural resource management;
c) road safety;
d) fire safety;
e) legislation on labor and labor protection.
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Arbitrage practice The presence of the status of a legal entity in itself does not provide grounds for unconditionally assigning a dispute to the jurisdiction of the arbitration court (Resolution of the Arbitration Court of the North-Western District dated November 8, 2016 |
4. How long does it take to appeal a decision that has not entered into legal force (PDAP)?
According to Part 1 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation, as a general rule, the period for appeal is ten days from the date of delivery or receipt of a copy of the decision. A similar period is fixed in Part 2 of Article 208 of the Arbitration Procedure Code of the Russian Federation.
For cases specified in Part 3 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation (related to the election process) - five days from the date of delivery or receipt of a copy of the resolution.
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Important! Pass established by law the period for appealing the decision of an administrative body to bring to administrative responsibility or refusal to restore it is a sufficient and independent basis for refusing to satisfy the application for recognition as illegal and for the cancellation of the decision of the administrative body (Resolution of the Arbitration Court of the Volga-Vyatka District of February 13, 2015 N F01- 6271/2014 in case No. A39-1552/2014) or complaints against a decision in a case of an administrative offense. |
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Attention! IN Lately in cases of appeal, the courts apply by analogy the provisions of paragraph 1 of Article 165.1 of the Civil Code of the Russian Federation on legally significant messages, namely the provision that a message is considered delivered even in those cases if it was received by the person to whom it was sent (addressee), but due to circumstances depending on him, it was not delivered to him or the addressee did not familiarize himself with it. For example, evasion from receiving correspondence or a negligent attitude towards receiving and processing correspondence will lead to the fact that the court considers the decision in the case of an administrative offense to have been served on the person held accountable within the time limits established by law (Resolution of the Fourth Arbitration Court court of appeal dated June 1, 2016 No. 04AP-2137/2016 in case No. A19-619/2015) |
5. Can the period for appealing the decision (PDAP) be restored?
Yes, such a period, in accordance with Part 2 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation, can be restored at the request of the person who filed the complaint.
Such a petition can either be contained in the text of the complaint or submitted in the form of a separate document, as follows from the meaning of Part 2 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation.
The petition or part of the complaint containing the petition must contain:
a) an indication of the reasons that caused the deadline to be missed;
b) request to restore the deadline.
The petition is considered by a judge or official competent to consider the complaint. The petition is considered in accordance with Chapter 30 of the Code of Administrative Offenses of the Russian Federation with mandatory notification of the person who submits the petition.
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Arbitrage practice Consideration of an application in the absence of the applicant, who was not properly notified of the consideration of the application, will be regarded as a significant violation procedural rights the applicant and will entail the cancellation of the ruling refusing to restore the term (see, for example, Resolution of the St. Petersburg City Court dated October 27, 2016 No. 4a-1461/2016 in case No. 12-565/2016) |
A ruling is issued on the rejection of the petition to restore the period for appealing the decision in the case of an administrative offense (Part 4 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation).
The question arises: is it possible to appeal a court ruling to restore the missed deadline? This determination does not create obstacles to the progress of the case, does not deprive interested parties of the right to appeal a judicial act adopted in the case, therefore, unless otherwise provided by law, it is not subject to appeal. In particular, this position is found in the system of arbitration courts. For example, the district's AC noted that expressed in the appropriate judicial act court ruling on restoration procedural period is not subject to appeal (Resolution of the Federal Antimonopoly Service of the North-Western District dated February 13, 2012 in case No. A56-24343/2011).
6. What reasons may be considered valid for reinstating the deadline for filing a complaint against a decision (PDAP), and what not?
The judge or official authorized to consider the complaint assesses the validity of the reason for the absence, based on the circumstances of the absence and the duration of the absence (period of absence), as well as the extent to which the reason for the absence prevented the appeal of the decision. As a rule, such reasons may be procedural violations in notifying a person about the consideration of the case and the issuance of a decision, non-delivery of correspondence due to the fault of the communications organization, serious illness or a long business trip of a citizen or individual entrepreneur, etc. It is most difficult for legal entities to restore the period for appeal.
As for the list of reasons, there is no such exhaustive list due to the variety of situations in practice.
For example, the courts did not recognize
valid reasons for absence:
- personnel changes in the organization (Resolution of the Arbitration Court of the North-Western District dated March 22, 2016 N F07-405/2016 in case N A21-3432/2015);
- receipt of correspondence by an employee, and not by the head of the organization (Resolution of the Arbitration Court of the East Siberian District dated December 3, 2014 N F02-4844/2014 in case N A19-19571/2013);
- lack of organization legal address specified in the Unified State Register of Legal Entities (Resolution of the Thirteenth Arbitration Court of Appeal dated August 24, 2016 No. 13AP-16064/2016 in case No. A56-8153/2016);
- the person responsible for the appeal is on sick leave (Resolution of the Thirteenth Arbitration Court of Appeal dated July 12, 2016 No. 13AP-10112/2016 in case No. A21-9235/2015);
- illness, if it does not deprive the person of the opportunity to appeal the decision and the person was duly notified of the decision on the case (Determination of the Moscow City Court dated November 24, 2016 in case No. 7-14657/2016);
- initial filing of a complaint with a superior person or a higher body, since such a complaint does not prevent the simultaneous filing of a complaint with the court (Determination of the Moscow City Court dated November 16, 2016 in case No. 7-14492/2016);
- change of residence, if the relevant authorities involved in the consideration of the case were not notified of the change of address (Decision of the Supreme Court of the Russian Federation dated November 17, 2016 N 1-AAD16-1).
The courts considered the reasons respectful:
- insignificant time of absence (two days) (Resolution of the Third Arbitration Court of Appeal dated September 27, 2010 in case No. A33-2698/2010). Meanwhile, this is the exception rather than the rule;
- the judge, having established that the complaint was not within the jurisdiction of this court, contrary to the requirements of Part 4 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation, returned the complaint to the applicant, which is why the deadline was missed (Resolution of the Supreme Court of the Russian Federation dated November 15, 2016 N 5-AD16-49) ;
- there is no evidence of delivery of a copy of the resolution to the legal representative of the legal entity or its receipt by mail (Resolution of the Federal Antimonopoly Service of the North Caucasus District dated December 13, 2010 in case No. A15-390/2010);
- the court of general jurisdiction made a decision in the case, which was later overturned due to the lack of jurisdiction of the dispute of the SOJ (Decision of the Court of Justice of St. Petersburg and Leningrad region dated 08/05/2011 in case N A56-24343/2011, upheld by the Resolution of the Thirteenth Arbitration Court of Appeal dated 11/11/2011, the Resolution of the Federal Antimonopoly Service of the North-Western District dated 02/13/2012);
- an error in calculating the period for appeal by the judge - from the date of the decision, while it should be from the date of delivery or receipt of a copy (Determination of the Moscow City Court dated November 16, 2016 in case No. 7-14774/2016);
- the resolution does not contain an explanation of the appeal procedure (Resolution of the Supreme Court of the Russian Federation dated October 3, 2016 N 74-AD16-10).
6.1. Does a court of general jurisdiction restore the missed deadline if the application was previously submitted to an arbitration court, which made a determination that the arbitration court did not have jurisdiction over the case?
There is no clear answer to this question, because... it all depends on the circumstances of the case.
For example, if:
a) the application to the arbitration court was filed within the period for appeal;
b) the application to the COJ was submitted immediately after the arbitration court announced the operative part of the ruling on the return of the application due to the lack of jurisdiction of the court’s case;
then there is a high probability of reinstatement of the missed deadline. By at least, there is a positive decision of the Supreme Court of the Russian Federation in similar circumstances. (Resolution of the Supreme Court of the Russian Federation dated July 6, 2015 N 9-AD15-8).
However, there are also many negative examples when the courts refused to restore the term (and most often refuse). For more details, see the explanations for “Step 2” in the second section of this material.
7. What is decided upon the results of consideration of the complaint against the decision (PDAP)?
Based on the results of consideration of the complaint, a solution.
Important: if, based on the results of consideration of the complaint, an act is adopted that is titled differently than the decision, this may be regarded as a violation of the procedural requirements for considering the complaint and serve as a basis for the cancellation of such an act (see, for example, Resolution of the Tambov Regional Court dated September 15, 2016 in case No. 4A- 216/2016: a complaint was filed against the decision of the magistrate in a case of an administrative offense, judge district court Based on the results of the consideration, he issued a ruling, not a decision, which resulted in the regional court canceling such a ruling).
8. Is it possible to appeal a decision made on a complaint against a decision (PDAP), and if so, which persons have this right?
Yes, such a decision can be appealed. According to Article 30.9 of the Code of Administrative Offenses of the Russian Federation, the right to appeal belongs to persons who have the right to appeal the decision itself (PDAP) - see the answer to question 2.
In addition, the following have the right to appeal decisions:
a) the official who made the decision being appealed;
b) the head of a collegial body and a body created in accordance with the law of a constituent entity of the Russian Federation, if the resolution was made by such a body.
The prosecutor also, in accordance with Part 1 of Article 30.10 of the Code of Administrative Offenses of the Russian Federation, has the right to lodge a protest against decisions made on complaints against decisions in a case of an administrative offense.
9. To which body are decisions on complaints against a decision in a case of an administrative offense appealed?
The decision is appealed in the manner established in Article 30.9 of the Code of Administrative Offenses of the Russian Federation, namely, if the decision was made:
A judge - then to a higher court;
A higher official or superior authority- to the court at the place of consideration of the complaint, and then to a higher court.
10. Within what period can a decision on a complaint against a resolution (PDAP) be appealed?
In accordance with Part 3 of Article 30.9 of the Code of Administrative Offenses of the Russian Federation, deadlines for appealing decisions are set similar to those in Article 30.3 of the Code of Administrative Offenses of the Russian Federation, namely within ten days from the date of delivery or receipt of a copy of the complaint. And in cases specified in Part 3 of Article 30.3 of the Code of Administrative Offenses of the Russian Federation (election process) - within five.
If the deadline for appeal is missed, it can be restored at the request of the person who missed the deadline (see answers to questions 6-8).
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Important! If the complaint was considered by an arbitration court, then, according to Part 5 of Article 211 of the Arbitration Procedure Code of the Russian Federation, the decision of the arbitration court comes into force after ten days from the date of its adoption, unless an appeal is filed. |
The prosecutor's protest is submitted within the same time frame (Part 1 of Article 30.10 of the Code of Administrative Offenses of the Russian Federation).
11. Is it possible to appeal against decisions (PDAP) and decisions on complaints against decisions if they have entered into legal force. Which persons have the right to such an appeal and where should the corresponding complaint/protest be filed and within what time frame?
Yes, according to Article 30.12 of the Code of Administrative Offenses of the Russian Federation, decisions on complaints against decisions and decisions themselves (PDAP), which have entered into legal force, can be appealed.
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Important! For appealing decisions that have entered into legal force in cases of administrative offenses and (or) subsequent decisions on complaints against such decisions, it does not matter whether such a decision or decision was appealed in a different manner, since the Code of Administrative Offenses of the Russian Federation in Articles 30.12 -30.19 does not put forward such a condition . |
This right belongs to the persons specified in the answer to question 2, i.e. those persons who initially have the right to appeal the decision (PDAP), as well as (Article 30.12 of the Code of Administrative Offenses of the Russian Federation):
a) the official who issued the decision - a decision that has entered into legal force based on the results of the prosecutor’s complaint or protest against the decision (PDAP);