Stages of proceedings in cases of administrative offenses. Stages of consideration of cases of administrative offenses 1 consideration of a case of administrative offense

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 administrative offense protocol and other protocols are drawn up correctly, provided for by the Code of Administrative Offenses RF, as well as whether other materials of the case are 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. The case of an administrative offense in which it was carried out administrative investigation, is considered at the location of the body that conducted the administrative investigation. Cases about administrative offenses minors are considered at the place of residence of the person in respect of whom the proceedings are being conducted. Case of an administrative offense entailing deprivation of the right to drive vehicle, can be considered at the place where the vehicle is registered. 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. A 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 a person subjected to administrative detention, no later than 48 hours from the moment of his detention.

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 are heard individual or legal representative legal entity, in respect of which proceedings are being conducted on an administrative offense, testimony of other persons participating in the proceedings, explanations of a specialist and an expert’s opinion, other evidence is examined, and if the prosecutor participates in the consideration of the case, his conclusion is heard.

Based on the results of the consideration of the case, one of two types of decisions on the appointment of administrative punishment or on termination of proceedings in a 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 the transfer of 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 or body that examined it, official.

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 - to a higher body, 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 has been 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 the procedural requirements provided for by the Code of Administrative Offenses of the Russian Federation, 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 punishment, if the victim in the case filed a complaint about the leniency of the applied administrative punishment;

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 resolution in the case of an administrative offense and (or) subsequent decisions higher authorities on complaints against this resolution, as well as against the resolution in the case of an administrative offense that has entered into legal force, decisions based on the results of consideration of complaints, protests.

Consideration of the case is the most important stage administrative process, since its task is to check legal assessment all the circumstances of the case and making a decision on it.

At the preparatory stage, before moving on to the actual consideration of the case, the judge or official clarifies the following questions:

They establish whether the consideration of this case falls within their competence;

Ш find out whether there are circumstances that exclude the administrative process;

Ш request the necessary additional materials;

They notify the persons participating in the consideration of the case about the time and place of its consideration.

Article 11.2 of the Penal Code of Administrative Offenses establishes the time frame for considering a case of an administrative offense. Total term consideration of the case is 15 days from the date of receipt by the judge, official authorized to consider the case, the protocol and other materials.

A case of an administrative offense, the commission of which entails administrative arrest or deportation, is considered on the day of receipt of the protocol and other materials of the case, but no later than 48 hours from the moment of administrative detention of an individual if such detention was carried out and the identity of the detainee was established.

The consideration of a case of an administrative offense may be suspended:

1) when appointing an examination - for the period of the examination;

2) if an individual loses legal capacity - before appointment incapacitated person representative;

3) if an individual in respect of whom the administrative process is being conducted cannot participate in the consideration of the case due to illness or there are other valid reasons that prevent his participation in the consideration of the case of an administrative offense, and if the specified person does not apply for consideration of the case in his absence .

The consideration of a case of an administrative offense is resumed if the grounds for its suspension no longer exist.

A reasoned decision is made on the suspension (resumption) of the consideration of a case of an administrative offense by a judge, an official of the body conducting the administrative process, authorized to consider cases of administrative offenses.

The case of an administrative offense is considered at the place where it was committed. At the request of the person against whom the proceedings are being conducted, the case may be considered at the place of residence of this person. Exceptions from general rule established for consideration of cases in which an administrative investigation was conducted (at the location of the investigation body); cases of juvenile delinquency (at the place of residence of the person against whom the process is being conducted), cases of administrative offenses entailing deprivation of the right to drive a vehicle (at the place of registration of transport).

A judge or an official conducting an administrative process, in case of non-compliance with the requirements for the form or content of the protocol or attached materials, within five days, returns the case to the body conducting the administrative process and which sent the case of an administrative offense for consideration. After eliminating the shortcomings, the case can again be sent to the court, the body conducting the administrative process. The period in this case is calculated from the date of re-receipt of the case.

A judge or an official conducting administrative proceedings shall refer a case of an administrative offense for consideration according to their jurisdiction if it is established that the consideration of this case does not fall within their competence.

When considering a case, the participation of the individual in respect of whom the administrative process is being conducted, the legal representatives of the minor or incompetent person is mandatory. The case can be considered without their participation if:

Ш the individual against whom the administrative process is being conducted admits his guilt or requests in writing to consider the case in his absence;

The individual in respect of whom the administrative process is being conducted, the legal representative of the person in respect of whom the administrative process is being conducted, duly notified, evades appearance and it is impossible to bring them in.

A defense attorney participates in a case of an administrative offense if the individual in respect of whom the administrative process is being conducted or his legal representative requests this. If the defense lawyer fails to appear, the consideration of the case is postponed, but not more than for five days.

Participation of a representative of a legal entity, if article of the Code of Administrative Offenses provides administrative responsibility, mandatory, except in cases where he evades appearance or the legal entity requests in writing to consider the case in the absence of his representative.

Other participants in the administrative process may participate in the consideration of the case if the judge or official considers their participation necessary.

The consideration of a case of an administrative offense begins with the announcement of the composition of a collegial body or the presentation of a judge, an official conducting an administrative process, authorized to consider cases of administrative offenses. The presiding officer at a meeting of a collegial body, a judge or an official of the body conducting the administrative process, announces which case is subject to consideration, in relation to whom the administrative process is being conducted, establishes the fact of the attendance of participants in the administrative process, explains to the persons participating in the consideration of the case their rights and obligations, Before the start of giving explanations, witnesses are removed from the premises in which the case of an administrative offense is being considered, the right of challenge is explained, the protocol on the administrative offense is read out, petitions are resolved, the procedure for giving explanations and examining evidence is established.

The presiding officer of the collegial body or the judge is obliged to find out:

Whether an administrative offense was committed;

Whether the individual is guilty of committing it;

Whether an individual is subject to administrative liability;

Ш whether there are circumstances mitigating and aggravating liability;

Whether the harm was caused by an administrative offense;

Whether the legal entity is guilty of committing an administrative offense;

Ш whether a legal entity is subject to administrative liability if the article of the Code of Administrative Offenses establishes the administrative liability of a legal entity for this offense;

Other circumstances that are important for the correct resolution of the case.

During the consideration of the case, the protocol on the administrative offense and other materials of the case are read out. The explanations of the individual or representative of the legal entity in respect of whom the process is being conducted, the testimony of other persons, the explanations of a specialist and the conclusion of the prosecutor are heard. These procedural actions are aimed at ensuring the principles of equality of all before the law, openness, competitiveness and publicity of the process in the case.

When considering a case of an administrative offense by a collegial body (at a court hearing), a protocol is kept. It reflects all procedural actions that were performed during the actual proceedings. The protocol is an important source of information for judges and officials of higher authorities, therefore its form and content must comply with the Code of Administrative Offenses (Articles 11.7, 11.8). It states:

Ш place and date of the meeting;

Ш time of its beginning and end;

Ш name or composition of the collegial body (or by which judge it is being considered);

Sh secretary court session;

Ш information on the appearance of persons participating in the consideration of the case;

Ш data about the person in respect of whom the administrative process is being conducted;

Sh progress of the court session;

Ш petitions of participants in the administrative process;

Ш clarification to participants in the administrative process of their rights and obligations;

Ш an indication of the decision made, an explanation of the deadline and procedure for appealing it;

Ш familiarization with the minutes of the court session and an explanation of the deadline for filing comments on it.

The protocol is signed by the judge and the secretary of the court session. After signing the protocol, the participants in the process within three days.

The resolution must resolve issues regarding seized items and documents, as well as items that have been seized (Article 11.9 of the Penal Code of Administrative Offenses).

In a resolution in a case of an administrative offense against foreign citizens or stateless persons, for which deportation is provided as a penalty, upon adoption the following issues must be resolved: on the period of closure of entry into the Republic of Belarus; about the state to which one is deported foreign citizen or a stateless person; about the checkpoint through State border, in which the deportation will be carried out; date and time of its holding; about the procedure and period of deportation.

Types of resolutions:

Sh about overlay administrative penalty;

Sh on termination of the case of an administrative offense;

Sh on the transfer of materials of the case of an administrative offense to the place of work (service) of an individual brought to administrative responsibility, in order to bring him to disciplinary liability.

A decision to impose a penalty is made if the person’s guilt is proven, or if there are no circumstances excluding administrative liability, or there are no grounds for his release. This document entails legal obligations on their execution, both for the offender and for government agencies.

The decision on the case of an administrative offense is announced immediately upon completion of the consideration of the case. At the request of a participant in the process, he is given a copy of the decision. If a person is absent during the consideration of the case during three days a copy must be given to him or sent by registered mail.

In cases involving firearms and ammunition, a copy of the resolution is sent to the relevant legal entity for information and to the internal affairs agency to consider prohibiting this person from using firearms.

The decision to impose a penalty comes into force upon the expiration of the period for appeal and protest.

The decision to impose an administrative penalty in the form of administrative arrest or deportation is carried out immediately.

Consideration of the case is the most important stage of the administrative process, since its task is to verify, legally assess all the circumstances of the case and make a decision on it. At the preparatory stage, before moving on to the actual consideration of the case, the judge or official clarifies the following questions:

· whether the consideration of this case falls within their competence;

· are there circumstances that exclude the administrative process;

· whether the protocol on the administrative offense was drawn up correctly;

Are there enough materials available on the case?

Are there any petitions and challenges?

· whether the participants in the process are notified of the time and place of the hearing of the case.

Article 11.2 of the Penal Code of Administrative Offenses establishes terms for consideration of a case of an administrative offense. The total period for consideration of the case is fifteen days from the date of receipt by the judge, official authorized to consider the case, the protocol and other materials.

A case of an administrative offense, the commission of which entails administrative arrest or deportation, is considered on the day of receipt of the protocol and other case materials, but no later than forty-eight hours from the moment of administrative detention of the individual if such detention was carried out and the identity of the detainee was established.

The case of an administrative offense is considered at the place where it was committed. At the request of the person against whom the process is being conducted, the case may be considered at the place of residence of this person. Exceptions to the general rule are established for the consideration of cases in which an administrative investigation was conducted (at the location of the investigative body), cases of juvenile delinquency (at the place of residence of the person against whom the process is being conducted), cases of administrative offenses entailing deprivation of the right to drive a vehicle. means (at the place of transport registration).

The consideration of a case of an administrative offense may be suspended: when an examination is ordered - for the duration of the examination; if an individual loses legal capacity - until a representative is appointed; in case of illness or if there are other valid reasons and if the person does not apply for consideration of the case in his absence. The consideration of the case is resumed if the grounds for its suspension no longer exist.

The judge or official conducting the administrative process, in case of non-compliance with the requirements for the form or content of the protocol or attached materials, within five days returns the case to the body that sent it for consideration. After eliminating the deficiencies, the case can again be sent to the body conducting the process. The period in this case is calculated from the date of re-receipt of the case.

The judge or the official conducting the process shall refer the case to its jurisdiction if it is established that its consideration does not fall within their competence.

When considering a case, the participation of the individual in respect of whom the process is being conducted, the legal representatives of a minor or incompetent person is mandatory. The case can be considered without their participation if:

· an individual admits his guilt or requests in writing that the case be considered in his absence;

· an individual and a legal representative, duly notified, evade participation in the process and it is impossible to bring them in. If the defense lawyer fails to appear, the consideration of the case is postponed, but not more than for five days.

The participation of a representative of a legal entity, if an article of the Code of Administrative Offenses provides for administrative liability, is mandatory, except in cases where he evades appearance or the legal entity requests in writing to consider the case in the absence of his representative.

Other participants in the administrative process may participate in the consideration of the case if the judge or official considers their participation necessary.

The direct trial of an administrative offense case carries a special legal burden, since it is at this stage that the case is resolved on its merits. The procedure for considering a case is the performance of certain procedural actions carried out in a logical sequence. First of all, it is announced who is considering the case, what case is subject to consideration, who and on the basis of what law is brought to administrative responsibility. Next, the fact of the appearance of all persons participating in the process is established, the powers of the legal representatives of an individual or legal entity, defense attorney and representative are checked. It is determined whether the participants in the process have been notified, the reasons for failure to appear are ascertained, and a decision is made to consider the case in the absence of the specified persons or to postpone the consideration of the case. Participants in the process are explained their rights and obligations; submitted challenges and petitions are considered (Article 11.5 of the Code of Administrative Offences).

The presiding officer of a collegial body or a judge is obliged to find out:

· whether an administrative offense was committed;

· whether the individual is guilty of committing it;

· whether an individual is subject to administrative liability;

Are there any mitigating or aggravating circumstances;

· whether the harm was caused by an administrative offense;

· whether the legal entity is guilty of committing an administrative offense;

· whether a legal entity is subject to administrative liability if the article of the Code of Administrative Offenses establishes the administrative liability of a legal entity for this offense.

Other circumstances that are important for the correct resolution of the case may also be taken into account.

During the consideration of the case, the protocol on the administrative offense and other materials of the case are read out. Explanations of the individual or representative of the legal entity against whom the process is being conducted, testimony of other persons, explanations of a specialist and the conclusion of the prosecutor are heard. These procedural actions are aimed at ensuring the principles of equality of all before the law, openness, competitiveness and publicity of the process in the case.

· place and date of the meeting;

· time of its beginning and end;

· name and composition of the collegial body (or which judge);

· secretary of the court session;

· information about the appearance of persons participating in the process;

· information about the person against whom the process is being conducted;

· progress of the meeting;

· petitions of the participants in the process;

· explaining to the participants in the process their rights and obligations;

· an indication of the decision made, an explanation of the deadline and procedure for appealing it;

· familiarization with the protocol and explanation of the deadline for submitting comments on it.

After signing the protocol, the participants in the process have the right to submit their comments regarding the completeness and correctness of its preparation within three days.

Having considered the case, the court or the body conducting the process makes a decision. It must indicate:

· time and place of the decision;

· last name, first name, patronymic of the judge, official;

· composition of the collegial body that made the decision;

· information about the person against whom the process is being conducted;

· circumstances established during the consideration of the case;

· article of the Code of Administrative Offenses, providing for administrative liability;

· reasoned decision on the case;

· term and procedure for appealing the decision;

· the amount of property damage, the timing and procedure for its compensation.

The resolution must resolve issues regarding seized items and documents, as well as items that have been seized (Article 11.9 of the Penal Code of Administrative Offences).

In a resolution in a case of an administrative offense against foreign citizens or stateless persons, for which deportation is provided as a penalty, upon adoption the following issues must be resolved: on the period of closure of entry into the Republic of Belarus; about the state to which the foreign citizen or stateless person is being deported; about the checkpoint across the State Border where deportation will take place, the date and time of its implementation; about the procedure and period of deportation.

Types of resolutions:

1) on the imposition of an administrative penalty;

2) on termination of the case regarding an administrative offense;

3) on the transfer of case materials to the place of work for disciplinary action.

A decision to impose a penalty is made if the person’s guilt is proven, or if there are no circumstances excluding administrative liability, or there are no grounds for his release. This document entails legal obligations for their implementation both for the offender and for government agencies.

The decision on the case of an administrative offense is announced immediately upon completion of the consideration of the case. At the request of a participant in the process, he is given a copy of the decision. If a person is absent during the consideration of the case within three days, a copy must be handed to him or sent by registered mail.

In cases involving firearms and ammunition, a copy of the resolution is sent to the relevant legal entity for information and to the internal affairs agency to consider whether to prohibit that person from using firearms.

The decision to impose a penalty comes into force after the expiration of the period for appeal and protest.

Offenses in our state are committed much more often than crimes. Is there any special order consideration of cases of administrative offenses? The answer to this question will be provided in the article.

Preparing for the consideration of the case

Consideration of a case of violation of the law is the main stage in legal proceedings. The activities of state bodies here are complex in nature, which is determined by the need to correctly establish the subject of the administrative violation. Preparation for the procedure for considering a case of an administrative offense is recorded in Article 29.1 of the Code of Administrative Offenses of the Russian Federation. This article contains provisions:

on the competence of the court, judge, separate body or an official in an established field;
about the presence of circumstances that could exclude the very fact of consideration of the case by a judge;
on the correctness of the administrative protocol drawn up;
about the presence of circumstances mitigating, aggravating or excluding proceedings;
about the availability of challenges and petitions.

Many other circumstances in the case can also be highlighted here.

Procedural grounds for considering the case

The procedural framework for considering a case of an offense is fixed in Article 28.7 of the Code of Administrative Offenses of the Russian Federation. The basis here is a properly executed protocol on violation of the right. Such a document is drawn up by an authorized official. The prosecutor makes a decision to initiate administrative proceedings.

The prosecutor's report is sent to the judge or other person whose duties include hearing the case. Maximum term transfer of the document - three days.

The procedure for considering a case of an administrative offense includes a judicial opinion. After transferring the protocol to court the judge makes a decision on administrative arrest, expulsion, fine or any other type of sanction.

Consideration of the case

When directly examining the case, the entire content of the law enforcement procedure is most fully and clearly revealed. The procedure for considering a case of an administrative offense is determined by the purposefulness of the tasks and the subject matter.

What is the direct subject of law enforcement in administrative proceedings? According to legal opinions, this is a specific case. This is where legal regulation comes into play. public relations and effectiveness legal guarantees. This is necessary for strict and strict compliance legitimate interests and citizens' rights.

What is the purpose of the case? According to the law, this is the establishment of specific circumstances of violation of the law. Facts must be clarified and then evaluated. Ultimately, administrative sanctions are applied to the guilty person.

According to Articles 29.7-29.13 of the Code of Administrative Offenses of the Russian Federation, procedural order consideration of cases of administrative offenses includes hearing the case, establishing the appearance of the subjects of proceedings, conducting an examination (forensic, linguistic or other) and issuing an appropriate determination.

About the case materials

The procedure for considering an administrative offense case in court consists of many different stages. Each stage is subject to mandatory regulation. The procedure for explaining to production participants their responsibilities and rights plays an important role. Petitions and challenges filed by various applicants are subject to mandatory consideration.

Often during legal proceedings, an application for challenge or self-recusal is accepted. We are talking about situations where a judge or other official decides to suspend proceedings for certain period. It must be said that the reasons for recusal must be very compelling. IN otherwise there will be a risk of an incorrect ruling.

The procedure for consideration by the court of cases of administrative offenses includes a huge bureaucratic layer. Various papers are generated and recorded at almost every stage of legal proceedings. However, the final document plays the most important role. This is what will be discussed further.

Decision on the case

According to the Code of Administrative Offenses, the procedure for considering a case of an administrative offense ends with the issuance of a resolution. This normative act, which has supreme legal force for all participants in legal proceedings. The norms of the resolution are imperative, that is, they have obligatory. There are two main forms of resolution:

on termination of office work;
on the imposition of punishment in the form of an administrative sanction.

The decision must be made in the following cases:

the emergence of factors excluding guilt;
announcement of an oral reprimand and release of the person held accountable;
transfer of cases to the prosecutor, investigative agency, investigator or any other person whose duties include searching for signs of a crime.

Upon completion of the paperwork, the decision must be immediately announced to the participants trial. A copy of the document is given to the defendant.

Determination of the case

Based on the results of the consideration of the administrative case, a ruling may be made. This is a special document indicating the incompetence of a judge or other official in relation to the defendant. The most common example is the procedure for considering a case of an administrative offense by a magistrate. During the legal proceedings, more and more new circumstances are revealed. The court understands that the defendant committed many more criminal acts than stated in the record. Consequently, sanctions for violations should be more stringent. The competence of representatives of the magistrate's court does not include imposing a sentence of arrest for a period of more than 3 years. That is why a determination is issued - a document indicating the transfer of office work to another body. Often the submitted document is adopted by a collegial body by voting. As a result, the decision is signed by the judge.

A ruling, a resolution, a protocol on a violation - the list of final court documents does not end there. It is also worth highlighting the presentation - a normative act that indicates the conditions and reasons for the identified offense. In fact, representation is necessary for the further prevention of crimes of the law. Often a document is issued in case of violation of the procedure for considering a case of an administrative offense.

Exceptional circumstances

Often, court hearings end with a ruling on self-recusal. Excluding circumstances play a significant role in this. The judge, members of the panel, and various officials do not have the opportunity to continue the consideration of the case if the following facts are discovered:

presence of indirect, direct or personal interest in resolving the case;
judge or some employee judicial authority is a relative of the defendant.

As soon as the presented circumstances have been discovered, the case is transferred to another authority. The judge himself or one of the officials decides to recuse himself from the case.

About the time frame for consideration of the case

Officially fixed time administrative paperwork - 15 days. The countdown of this period begins at the moment the judge receives the protocol on the case and additional materials.

So short order the consideration of an administrative offense case may be extended. However, the decision on the extension must be made by the judge himself, but only if there are really compelling reasons. A reasoned ruling is issued by the judicial authority, which specifies the requirements for extending the period by no more than a month.

There is a constitutional norm (Article 22), which indicates the period of detention of a person for administrative violation. Yes, before issuing court order a citizen cannot be under administrative detention for a period of more than 48 hours.

About the stages of investigation

What is the procedure for considering cases of administrative violations? It all depends on in what public sphere the violation of the law was committed and what degree of severity is established. The decision to initiate legal proceedings is made by the official. A protocol is drawn up in accordance with Article 28.3 of the Code of Administrative Offenses of the Russian Federation. The only exception is when the case is initiated by the prosecutor. In this case, a decision is made.

Immediately after the initiation of a case, an investigation is carried out. It includes an examination or other procedural action. According to the law, examination is not always implemented. Article 28.7 of the Code of Administrative Offenses of the Russian Federation establishes the main public spheres where it is needed. These are export supervision, foreign exchange production, health protection, taxes or tariffs, customs and much more.

The investigation itself must be carried out at the place where the offense was committed. The maximum period of investigation is one month. All data on the work performed is entered into the protocol, and subsequently into the resolution.

Where is the case being heard?

Let's assume that a citizen officially residing in the Moscow region commits an offense in Kaliningrad. Where exactly will the guilty citizen be judged? According to the Code of Administrative Offenses of the Russian Federation, consideration of an offense is allowed only at the place where it was committed. However, the citizen himself can file a petition requesting a court hearing at his place of residence.

So what to do Russian courts, if the offense was committed by a foreign citizen? In this case, you should be guided international treaty, which indicates the possibility of considering violations of the law on the territory of a foreign state. However, all the rules presented do not apply to minors. This is stated in Articles 20.22 and 6.10 of the Administrative Code.

Extension of the period for studying the case

It has already been stated above that the term of an administrative offense can be extended. But what reasons should there be for this? The law speaks of the case when participants in legal proceedings file a petition for reconsideration of the case. This is the most common production extension scenario. Another reason is the emergence of new circumstances. In such cases, it is necessary to conduct an additional investigation for a period of no more than a month.

Thus, unjustified extensions of deadlines are prohibited. In the Russian Federation there is a presumption of innocence, according to which a person whose guilt has not been proven judicial procedure, is presumed innocent. And an innocent person doesn’t really want to be in captivity. Therefore, there must be grounds for extending the proceedings, and they must concern the defendant himself.

The procedure for considering a case of an administrative offense in the traffic police

The most common form of administrative offense is related to transport and regulations traffic. Protocols on violations are drawn up by traffic police inspectors, after which they are sent either to the traffic police or to the court. What is the procedure for considering cases of administrative offenses under traffic rules?

The protocol drawn up by the inspector is transferred to the regional department of the traffic police, where officials conduct an objective investigation. As a result, sanctions are imposed on the driver: this is usually a fine or imprisonment professional law(driving a car). Often the case is referred to the magistrates' court. This authority may make a decision on correctional labor or administrative arrest.

A lot of materials have been compiled on the rules of communication with traffic police officers and protecting your rights. Traffic rules are a fairly extensive collection, which is, moreover, part of the Code of Administrative Offences. If the driver is confident that he is right and does not want to receive sanctions, then he can contact a legal specialist.

1. When considering a case of an administrative offense:

1) it is announced who is considering the case, what case is subject to consideration, who and on the basis of what law is brought to administrative responsibility;

2) the fact of the appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity in respect of whom proceedings are being conducted for an administrative offense, is established, with the exception of cases provided for in Part 3 of Article 28.6 of this Code, as well as other persons participating in 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, or official considering the case, if their recusal interferes with 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 to Art. 29.7 Code of Administrative Offenses of the Russian Federation

1. The consideration of a case of an administrative offense begins with an announcement of who is considering the case, what case is subject to consideration and about what offense, who and on the basis of what law is held administratively liable.

Then the appearance of an individual or a legal representative of a legal entity in respect of whom the proceedings are being conducted, as well as other persons participating in the consideration of the case, is established, the identity of each of those who appeared is established, the powers of the legal representatives of the individual or legal entity, defense attorney and representative are checked. It is determined whether the participants in the proceedings were notified in the prescribed manner and what are the reasons for their failure to appear.

In the absence of the person in respect of whom the proceedings are being conducted, the victim and some other persons, the case can be considered only in cases where there is evidence of proper notification of them about the place and time of the consideration of the case and if they have not received a petition to postpone the consideration of the case or such requests were left unsatisfied.

The judge, body, official considering the case has the right to recognize the mandatory presence during the consideration of the case of the person held accountable, the legal representative of the minor who committed the offense, and the legal representative of the legal entity. When considering certain categories of cases, the presence of the individual held accountable is mandatory.

Taking into account the above, a decision is made to consider the case in the absence of the relevant persons, if this is allowed by the Code of Administrative Offenses of the Russian Federation, or a decision to postpone the consideration of the case, which is issued in the form of a ruling.

2. After a decision is made to continue the consideration of the case, the persons participating in the consideration are explained procedural rights and responsibilities, submitted challenges and petitions are considered.

A ruling to postpone the consideration of the case is made if an application is received for self-recusal or for the recusal of a judge, a member of a collegial body, or an official considering the case, if their recusal interferes with the consideration of the case on the merits. The recusal of a member of a collegial body may not affect the procedure for considering the case if the number of remaining members is sufficient to recognize the meeting as competent. A similar determination is made when challenging a specialist, expert or translator.

If the consideration of the case is postponed due to failure to appear without good reasons previously mentioned persons, whose participation is recognized or mandatory during the consideration of the case, a determination is made to bring these persons.

If 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 the individual or legal representative of the legal entity held accountable are heard, testimony of other persons participating in the proceedings of the case, explanations of a specialist and an expert’s opinion are heard, if they were involved in the proceedings, other evidence is examined.

If the prosecutor participates in the consideration of the case, his conclusion is heard.

If necessary, other procedural actions provided for by the Code of Administrative Offenses of the Russian Federation are carried out.