Resolution on a case of an administrative offense. Resolution in a case of an administrative offense Bringing to administrative liability based on photographs of citizens

And responsibility for them is very relevant, not only in terms of application to legal entities and officials, but also to ordinary citizens. It is enough to give an example that now almost every person owns a car, but a significant proportion of administrative offenses relate specifically to compliance with traffic rules on the road.

This is one of the reasons why it is worth paying attention to the question of what administrative responsibility is and what sanctions are provided for violation of the provisions of the Code of Administrative Offenses of the Russian Federation. As you know, ignorance of the law is not an excuse. Civil and administrative liability is something we encounter almost every day. Particular attention should be paid to such a concept as limitation administrative responsibility, timing always plays an important and sometimes decisive role.

The concept of administrative responsibility and its main features

Before talking about procedural deadlines, penalties and other sanctions, it is necessary to understand the essence of administrative responsibility. It lies in the fact that the authorities apply administrative punishment against the person who committed the offense. It has characteristics that are characteristic of legal liability generally. But, in addition, it has specific, special features:

The procedure for bringing to administrative responsibility, as a rule, is for the most part extrajudicial in nature, that is, punishment is imposed by persons holding positions in government bodies of the executive branch of government. Russian Federation.
Punishment for offenders is imposed by officials to whom they are not subordinate. This is the difference between administrative responsibility and disciplinary responsibility. Since with the latter, the offender, as a rule, is directly subordinate to the official who imposes penalties.
Bringing to administrative responsibility does not lead to a criminal record for the person who decided to commit an illegal act.
An important feature is that not only individuals, but also legal entities can be involved.
Administrative prosecution occurs for acts that are not as dangerous as crimes. For example, offenses that violate sanitary epidemiological standards relating to the well-being of the population and their health, as well as in the field of traffic safety on the road, in construction, etc. Consequently, the penalties are less severe than for criminal offenses.
Administrative responsibility is established by the Code of Administrative Offenses of the Russian Federation and the Federal laws of the constituent entities of the Russian Federation, which are adopted in accordance with it.

Administrative offence: what is it?

Administrative offense and administrative responsibility are two closely interrelated concepts. The first invariably is the basis for the second and entails its onset. In the scientific literature, an administrative offense is understood as an action (guilty inaction) of legal entities and individuals that is unlawful and for which the Code of Administrative Offenses of the Russian Federation or the laws adopted by its subjects establishes administrative liability.

As you know, action and inaction are two sides of an unlawful act. The first refers to an active, conscious violation established norm or failure to fulfill any obligation prescribed in the law of the Russian Federation. Inaction presupposes indifference, failure to fulfill the duties assigned to a person.

For example, the following situation: any organization or individual entrepreneur opens a bank account. But he does not present a certificate of registration with the tax office. This is a violation of the law by a bank official, as provided for in articles of the Code of Administrative Offenses of the Russian Federation (15.7).

Signs of an unlawful administrative act

In total, it is customary to distinguish three signs:

wrongfulness of an act, which means a mandatory violation of any rule of law;
guilt, this sign presupposes the presence of intent or negligence in committing an unlawful act; in the first case, the person understands and is aware of the nature of his actions, which are contrary to the law and anticipates the onset of harmful consequences and desires this or consciously allows them, or is indifferent to what is happening (for example, a driver driving through a red light); in case of negligence, a person is aware of the possibility, but naively and arrogantly hopes to prevent them; intent can be direct or indirect, the most elementary example in the first case is the misuse of budget funds;
The punishability of the act lies in the fact that administrative liability is provided for and established by the laws of the constituent entities of Russia or the Code of Administrative Offenses for the unlawful act committed.

Composition of an administrative offense

This term refers to a set of signs, the presence of which characterizes a specific act as an administrative offense. And administrative responsibility for it is provided for by the Code of Administrative Offenses of the Russian Federation. The same type of characteristics of a composition form its elements. These include:

An object is always social relations regulated exclusively by the rules of law, not only administrative, but also environmental, financial, tax, labor, land and other sectors; administrative liability arises for their violation.
The objective side is expressed in a system of signs provided for by the rules of law, which determine the external manifestation of offenses (action or inaction and dangerous consequences that occur). For example, a driver’s violation of traffic rules can be expressed in various actions: overtaking, driving through a red light, etc. In this case, there may be consequences dangerous for society, for example, the formation emergency situation on the road, causing a traffic accident, threatening other drivers.
The subject is a person who is legally sane and has reached the age of sixteen. It is from this age that it is permissible to bring a person to administrative responsibility. The subject can be general (any person) or special, for example, a driver, officials and a special one - military personnel. For different categories of a given element of the offense, different sanctions may be provided for under the same article of the Code of Administrative Offenses of the Russian Federation. The situation with military personnel serves as a direct example; in most cases, they do not bear administrative responsibility on a general basis.
The subjective side characterizes a person’s perception of the unlawful act he has committed and its consequences. A mandatory feature of this element of the composition is the presence of guilt, which can be in the form of intent or negligence. Various elements of administrative offenses are characterized by optional signs of the subjective side, these include motive and purpose. The first term refers to what pushes a person to commit an offense. And the goal is his idea of the final desired result that he was striving for.

The elements of an illegal act are the same regardless of what kind of liability (administrative, criminal) is provided.

Concept and types of administrative penalties

Administrative punishment is understood as a measure of responsibility, which is established by the state, for the commission of an offense prescribed in the Code of Administrative Offenses of the Russian Federation and applied to prevent the commission of new violations.

IN at the moment The Code of Administrative Offenses of the Russian Federation approves the following types of punishments:

a warning, in other words, an official censure in writing;
(the most common measure, which is provided for by most of the articles of the Code of Administrative Offenses of the Russian Federation and, as practice shows, the most effective);
confiscation (or forfeiture) of an instrument or subject of an offense;
deprivation of a right that was specifically granted to individuals;
administrative arrest;
expulsion of a citizen foreign country or a person who does not have citizenship outside the Russian Federation;
disqualification;
administrative suspension of activities.

The imposition of most of the listed penalties is the exclusive jurisdiction of judges.

This issue is covered by domestic legislation; it concerns the issuance of a ruling in cases of administrative offense, for which a period of no more than two months is given, calculated from the moment of its commission. This is the general procedure for bringing to administrative responsibility. But, as you know, every rule has exceptions, all of them are indicated in the Code of Administrative Offenses of the Russian Federation, part one of Article 4.5. For example, this is a violation of the legislation on copyright and related rights, on internal sea waters, on the exclusive economic zone and others; the statute of limitations for bringing administrative liability for them is one year.

The Code of Administrative Offenses of the Russian Federation allows only one case when given period may be suspended. This is a situation when a person against whom proceedings are being conducted submits a petition (in writing) for consideration of the case directly at his place of residence and the authorized bodies satisfy it. The time limit is suspended from the moment when a decision is made to satisfy the petition until the time the materials on the case are received by the judge or official authorized to consider these materials. Thus, the time of sending documents is not included in the limitation period of administrative liability

Exemption from administrative liability

This situation is possible in three cases:

The insignificance of the act is one of the main factors for the removal of administrative liability. The signs of the subjective and objective side are taken into account, mitigating and This issue is resolved official, the body or judge who is authorized to hear the case. They may make a remark orally, which will not entail legal consequences.
The second option is to replace it with another type of punishment, for example, disciplinary liability.
Other reasons. In particular, if the offense is committed by a person between the ages of sixteen and the age of majority, a special commission may decide to exempt from administrative liability and resort to sanctions provided for by federal legislation protecting the rights of minors.

The procedure for bringing to administrative responsibility: procedural deadlines

The issue of procedural deadlines is of particular importance and importance. Every citizen should know and remember this, as well as the statute of limitations for administrative liability, especially since in life with articles of the Code of Administrative Offenses Almost everyone faces the Russian Federation.

The first thing you need to know is that within three days the protocol drawn up on the commission of an administrative offense must be transferred to the person or bodies authorized to consider it, as stated in the Code of Administrative Offenses of the Russian Federation (Article 28.8). If any errors are found in it, a period not exceeding 72 hours is given to eliminate them.

After considering the issue, a decision is made. The authorized bodies are given a period of up to 2 months to consider the case, and the judge - up to three. The decision is announced immediately.

It must be sent to the person who compiled the protocol no later than three days from the date of issue.

It is important to remember that the appointment order administrative punishment is not executed if this has not been done within two years.

Appealing a decision on an administrative offense

Very often, especially in matters concerning traffic and the rules of its violation, court decisions are appealed. If it is issued by a judge, then the complaint must be filed with a higher court. It contains complete data (full name, address of registration and actual residence, telephone number). Next, they describe the current situation, arguing in detail the reasons for disagreement with the resolution and referring to Art. 30.1-30.8 of the Code of Administrative Offenses of the Russian Federation are asked to cancel it. The complaint must be accompanied by evidence confirming all the circumstances described. The deadline for submission is ten days. If it is missed, then if there are good reasons (illness, difficult life situation), you can write a petition for its restoration. The complaint must be reviewed within 10 days.

Legal entities and persons holding public positions: bringing to administrative liability

The procedure for bringing to administrative liability is regulated by the Code of Administrative Offenses of the Russian Federation, the rules of which establish a very significant number of offenses and responsibility for their commission, which is assigned to legal entities. In mathematical terms, this figure is 58% of the total number of articles of the Special Part of the Code of Administrative Offences. Bringing to administrative liability may entail the imposition of fines, which can reach quite an impressive amount, confiscation of the weapon used to commit the offense, and suspension of activities for up to 90 days. The Code of Administrative Offenses of the Russian Federation states that legal entity will be found guilty of committing an administrative offense if it is established that he had the opportunity to comply with the norms and rules established by law, but all measures depending on him were not taken to implement and comply with them.

In addition, the legislation separately notes the administrative responsibility of officials, who are involved in the event of an offense being committed in connection with improper execution or simply non-fulfillment official duties. Officials are understood as persons who are authorized by the state to perform the function of government representatives (permanently or on a temporary basis). These, according to the law, include citizens who are engaged in entrepreneurial activity, but not registered as a legal entity. Administrative violations and administrative liability of officials are provided for in more than 2/3 of the articles of the Code of Administrative Offenses of the Russian Federation (Special Part).

Bringing to administrative liability is possible in relation to the offenses listed in the Code of Administrative Offenses by decision:

1) court (magistrates);

2) commissions on the affairs of minors and the protection of their rights;

3) federal bodies executive branch, their structural divisions, territorial bodies and structural divisions of territorial bodies, as well as other government bodies in accordance with the tasks and functions assigned to them federal laws or regulatory legal acts of the President of the Russian Federation;

4) the Bank of Russia in accordance with the tasks and functions assigned to it by federal laws;

5) bodies and institutions of the penal system;

6) executive authorities of the constituent entities of the Russian Federation exercising regional state supervision or powers delegated to them in the field of federal state supervision specified in Chapter 23 of the Administrative Code;

7) government agencies subordinate federal authorities executive authorities authorized in accordance with federal laws to carry out federal state forest supervision (forest protection), federal state fire supervision, state port control, state supervision in the field of use and protection of specially protected natural areas federal significance, as well as state institutions subordinate to the executive authorities of the constituent entities of the Russian Federation, authorized in accordance with federal laws to carry out federal state forest supervision (forest protection), state supervision in the field of use and protection of specially protected natural areas of regional significance.

Cases of administrative offenses provided for by the laws of the constituent entities of the Russian Federation are considered within the powers established by these laws:

1) justices of the peace;

2) commissions on affairs of minors and protection of their rights;

3) authorized bodies and institutions of executive authorities of the constituent entities of the Russian Federation;

4) administrative commissions and other collegial bodies created in accordance with the laws of the constituent entities of the Russian Federation;

5) state institutions subordinate, respectively, to the executive authorities of the constituent entities of the Russian Federation, authorized in accordance with federal laws to carry out federal state forest supervision (forest protection), state supervision in the field of use and protection of specially protected natural areas in specially protected natural areas of regional significance.

The jurisdiction and jurisdiction of cases of administrative offenses are established by Chapter 23.1 of the Code of Administrative Offenses of the Russian Federation.

When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his property status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.

The following circumstances are recognized as mitigating administrative liability:

1) repentance of the person who committed the administrative offense;

2) voluntary cessation of unlawful behavior by the person who committed the administrative offense;

3) voluntary reporting by the person who committed the administrative offense to the body authorized to carry out proceedings in the case of an administrative offense, about the administrative offense committed;

4) assistance by a person who has committed an administrative offense to the body authorized to carry out proceedings in the case of an administrative offense in establishing the circumstances to be established in the case of an administrative offense;

5) prevention by the person who committed the administrative offense of the harmful consequences of the administrative offense;

6) voluntary compensation by the person who committed the administrative offense for the damage caused or voluntary elimination of the damage caused;

7) voluntary execution, before a decision is made in a case of an administrative offense, by a person who has committed an administrative offense, of an order to eliminate the violation issued to him by the body carrying out the violation; state control(supervision);

8) committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;

9) commission of an administrative offense by a minor;

10) commission of an administrative offense by a pregnant woman or a woman with a young child.

The following are recognized as circumstances aggravating administrative liability:

1) continuation of illegal behavior, despite the demand of authorized persons to stop it;

2) re-commitment a homogeneous administrative offense, that is, the commission of an administrative offense during the period when a person is considered subject to administrative punishment in accordance with Article 4.6 of the Code of Administrative Offenses for committing a homogeneous administrative offense;

3) involvement of a minor in the commission of an administrative offense;

4) commission of an administrative offense by a group of persons;

5) committing an administrative offense during a natural disaster or other emergency circumstances;

6) committing an administrative offense while intoxicated or refusing to undergo a medical examination for intoxication if there are sufficient grounds to believe that the person who committed the administrative offense is intoxicated.

The decision to bring to administrative liability within ten days from the date of delivery or receipt of a copy of the decision. Solution,

1) the decision made by the judge is appealed 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.

A complaint against a decision in a case of an administrative offense is subject to consideration within ten days from the date of its receipt, along with all materials of the case, by the body or official authorized to consider the complaint.

Prosecution occurs either by a court decision or by a decision of the relevant government body (in this case a protocol is drawn up). A protocol on an administrative offense is drawn up immediately after the discovery of an administrative offense. If additional clarification of the circumstances of the case or information about an individual or information about a legal entity is required in respect of which a case of an administrative offense is being initiated, a protocol on the administrative offense is drawn up within two days from the moment the administrative offense is discovered. If, directly at the place where an individual commits an administrative offense, an authorized official imposes an administrative penalty in the form of a warning or an administrative fine, a protocol on the administrative offense is not drawn up, but a resolution is issued in the case of an administrative offense in the manner prescribed by Article 29.10 of the Code of Administrative Offences.

An administrative offense is the actions or inaction of a person that are illegal, but do not pose a serious public danger. Responsibility for such acts is provided in accordance with the Code of Administrative Offenses of the Russian Federation. We will tell you at what age and for what reasons a protocol on administrative offenses can be drawn up.

Administrative offense: example

The Code of Administrative Offenses of the Russian Federation provides for many types of such offenses. For example:

drinking alcohol in a public place (Article 20.20);
: loud obscene language on the street, minor damage to someone else’s property (Article 20.1);
petty theft: or at school in the amount of up to 2.5 thousand rubles. (v. 7.27).

A minor offense will result in administrative rather than criminal liability.

The procedure for bringing to administrative responsibility

The corpus delicti of an administrative offense includes four elements:

Illegality

A situation in which the object of encroachment is protected by the law and is of value to the individual, state or society.

Antisocial character

The direction of the offense is against personal, public or state interests, as set forth in Article 1.2 of the Code of Administrative Offenses of the Russian Federation.

Fact of the act

It is proven and expressed in the action or inaction of the attacker.

Guilt of a specific person

The offender acted intentionally or made a mistake through negligence.

To bring the culprit to justice, an authorized official draws up an official act - a protocol. For example, for speeding, such a protocol is drawn up by a traffic police officer. The case file is then submitted to the court or other similar body, which imposes punishment.

At what age does administrative responsibility begin?

The sane can be subject to administrative sanctions individual over the age of 16 years or a legal entity (individual entrepreneur or organization).

Bringing to administrative responsibility: what is the penalty?

The main difference between an administrative offense and a criminal act is that the former causes much less harm to society. Therefore, the sanctions for it are softer. The culprit may be assigned:

warning - issued in writing by the authorized body;
fine;
confiscation of the instrument or subject of the offense;
deprivation special law(for example, driving license);
arrest for up to 15 days, and in particularly serious situations - up to 30 days (for example, in case of violation of emergency regulations);
disqualification - deprivation of the right to hold certain positions or work in certain areas of activity;
suspension of activities (used only for legal entities);
other sanctions listed in Article 3.2 of the Code of Administrative Offenses of the Russian Federation.

Let us note one nuance. Administrative liability in the form of arrest does not apply to pregnant women, mothers of young children, minor citizens, disabled people of groups I and II, and military personnel.

Time limits for bringing to administrative responsibility under the Code of Administrative Offenses of the Russian Federation

They are indicated in Art. 4.5 and Art. 31.9 Code of Administrative Offenses of the Russian Federation. According to general rule, term limitation period for administrative offenses is:

2 months - if the case materials were not transferred to the court;
3 months - in case of judicial review.

If the offense falls under paragraph 1 of Art. 4.5 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations for an administrative offense is 1 year, for violations in financial sector- 2 years, for corruption cases - 6 years.

The Code of Administrative Offenses of the Russian Federation establishes different statutes of limitations depending on the category of the offense.

Exactly two years are allotted to implement the court decision. The period is counted from the moment the court verdict comes into force. If it is delayed or suspended, the statute of limitations is also paused. For example, when the culprit evades execution of punishment, the statute of limitations is suspended for the duration of the search.

If a person accepted and honestly served his sentence, after a year he is considered “clean” - as if he had not been brought to administrative responsibility at all.

The court order has not been executed for 2 years - it can be considered annulled.

Administrative fine: how to find out debt by last name?

A fine is the most common administrative sanction. At the same time, many culprits evade paying it or do not pay on time. You can check the amount of debt by last name:

online - through the State Services portal, the official website of the Federal Tax Service or the FSSP of the Russian Federation;
in person - through the local tax office or bailiffs.

Through State Services

You can find out the debt for an administrative fine on this portal only after registration. The verification algorithm is as follows:

go to your personal account;
go to the “Popular Services” tab in the “Traffic Police Fines” or “Tax Debt Check” section.

In a new window you will see all unpaid fines.

To find other fines by last name, use the “By departments” section. Information about all government agencies is stored here.

Via the bailiffs website

To find out about debts through this resource, you need to:

log in to the website of the FSSP of the Russian Federation;
enter your last name and region of residence in the form;
click the “Find” button.

There is no need to register, the information is provided free of charge.

Through the website of the Federal Tax Service of the Russian Federation

The procedure is similar to the previous methods:

go to the tax office website;
enter your region, locality, street;
enter your full name;
press the search button.

Registration and confirmation of identity on this site is required.

Personal visits to government agencies

If online verification methods are not suitable for you, you can visit the required institution in person and request information about the existence of outstanding fines. Bring your passport with you to confirm your identity.

Debt on administrative fines can be found out both online and in person through government agencies.

Administrative liability for non-payment of alimony

Another offense for which citizens are often punished is failure to pay alimony. It is covered by Art. 17.14 Code of Administrative Offenses of the Russian Federation.

Alimony is assigned through the court. The judge makes a decision and formalizes writ of execution, which is transferred to the bailiff service to monitor the debtor.

The alimony provider will be held accountable under Art. 7.14 Code of Administrative Offenses of the Russian Federation, if it:

ignores the legal requirements of the bailiff;
provided false information about his property rights (for example, he concealed that he owned an apartment);
did not report a change of place of work, study or residence;
kept silent about the emergence of new sources of income.

There is no need to prove the seriousness of the offense. Even a one-time violation allows you to use this rule. The culprit will receive from 1000 to 2500 rubles. fine

Failure to pay alimony will result in administrative liability.

If there was no reaction from the alimony provider and he did not pay administrative fine, another article is charged - 20.25 of the Code of Administrative Offenses of the Russian Federation, which threatens:

a fine of two times the original amount;
arrest up to 15 days;
from 20 to 50 hours.

As you can see, the norm has more unpleasant consequences, however, it applies only if the person has already been assigned an “administrative charge” (in our case, under Article 17.14 of the Code of Administrative Offenses of the Russian Federation).

Let us note one nuance. There are other punitive sanctions for non-payment of alimony. For example, deprivation driver's license. Willful defaulters will face criminal charges under Article 157 of the Criminal Code of the Russian Federation.

This instruction will help you if you are brought to administrative responsibility. The law allows you to use various means of protection - filing a complaint with a higher official (or a higher authority) or in court. You usually have 10 days to do this from the date of delivery of a copy of the decision, and the appeal procedure is not subject to state duty - that is, it does not require any costs. After studying the instructions and using sample statements, you will be able to independently protect your rights. The process of challenging your administrative liability is actually not that complicated, but we still recommend that you contact qualified lawyers whenever possible.

For detailed information on some issues that arise when considering cases of administrative offenses, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offenses” (with subsequent amendments) .

The procedure for bringing citizens to administrative responsibility includes two stages: initiating a case on an administrative offense (drawing a protocol on an administrative violation) and considering a case on an administrative offense (issuing a resolution on a case on an administrative violation).

How does a protocol differ from a resolution?

Protocol

The protocol on an administrative offense is the basis for initiating a case on an administrative offense. In other words, the protocol is the version of the event according to the police and the qualification of your actions in accordance with the law. The protocol is ordinary evidence.

The protocol on an administrative offense cannot be the subject of an appeal (in accordance with Chapter 22 of the Code of Administrative Proceedings (CAS RF)). The protocol itself does not violate anyone’s rights and does not impose any obligations on the person in respect of whom it is drawn up. But it is important that the protocol reflects your position: if you do not agree with the statement that you committed a violation.

Resolution

A ruling on an administrative offense is precisely the basis for holding you accountable. In other words, a resolution is a document that contains conclusions about your guilt or innocence in committing an offense.

How are they brought to administrative responsibility?

The compiled protocol on the administrative offense, together with other materials of the case, is submitted for consideration to the official authorized to consider the case of an administrative offense or to the court (Article 22.1 of the Code of Administrative Offenses of the Russian Federation) - at this stage the issue of bringing the citizen to administrative responsibility is resolved.

There are two options:

1. the head of the department of the Ministry of Internal Affairs or his deputy will independently make a decision and hold you accountable;

2. The police will transfer all materials to the court, which will make a decision on the merits.

It is at the stage of consideration of a case of an administrative offense that a citizen has the highest chances for a successful defense. This is why it is extremely important to participate in this process. If the head of the police department makes a decision on the case personally, information about the place and time of its consideration must be indicated in the protocol; if the materials are handed over to the judge, you must be summoned, but in practice you can be summoned to the police and served with a summons court.

Important: ask the police officer to give you a copy of the administrative violation report. Do not sign the protocol until you have been given a copy of it. If, despite this, they still refuse to provide it to you, request it in writing from the police department.

To whom can I appeal against administrative liability?

The decision to impose administrative liability is appealed against:

To a higher official (if it was handed down by the deputy head of a department of the Ministry of Internal Affairs, then to the head of the department);

To a higher authority (the decision of the head of the department of the Ministry of Internal Affairs is appealed to the head of the Department of the Ministry of Internal Affairs for the city);

To the court (if the decision was made by the police, then to the district court, if the district court - to the court of the subject).

General provisions

The procedure and deadlines for appealing in a case of an administrative offense are provided for by Chapter 30 of the Code of Administrative Offenses of the Russian Federation. A decision in a case of an administrative offense can be appealed within 10 days from the date of delivery or receipt of a copy of the decision (in some cases - within five days from the date of delivery or receipt of copies of the decisions, Article 30.3 of the Code of Administrative Offenses of the Russian Federation).

Important: Missing the deadline for filing a complaint does not deprive a citizen of the right to appeal a decision to impose administrative liability. This period may be restored by a judge or official competent to consider the complaint. If you missed the deadline for filing an application, be sure to indicate valid reasons in your complaint and include a request to restore the deadline.

A citizen can use only one method of protection at his discretion. If a complaint against a decision in a case of an administrative offense is received both by the court and by a higher authority, a higher official, the complaint will be considered by the court (Clause 2 of Article 30.1 of the Code of Administrative Offenses of the Russian Federation).

If you make a mistake in the determination of the authorized body or court when appealing a decision, your complaint will be sent for consideration according to jurisdiction within three days (Clause 4 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation).

In addition, when appealing a decision on an administrative offense, there is no state duty(Clause 5 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation). In other words, you don't have to pay anything, you can just complain.

However, you can file a complaint not only in person, but also by mail. In this case, the date of filing a complaint against the decision will be the day on which you sent the postal item.

Appeal to a higher authority or higher official

A decision on an administrative offense made by an official can be appealed (subclause 3, clause 1, article 30.1 of the Code of Administrative Offenses of the Russian Federation):

– to a higher authority;

- to a higher official.

In this case, such a complaint may be submitted to the body or official who made the decision on the case. A complaint can also be submitted directly to a higher authority, to a higher official authorized to consider it (clause 3 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation).

After the complaint with all the materials of the case is received by the state body or official authorized to consider the complaint, it is subject to consideration within ten days from the date of receipt (Clause 1 of Article 30.5 of the Code of Administrative Offenses of the Russian Federation)

The decision of a higher official on a complaint against a decision in a case of an administrative offense can be appealed to the court at the place where the complaint was considered, and then to a higher court (clause 1 of Article 30.9 of the Code of Administrative Offenses of the Russian Federation). This means that after, for example, a police officer brought you to justice and his supervisor left the decision in force, you can go to court at least twice more.

In the future, only a review of decrees and decisions in cases of administrative offenses that have entered into legal force is possible.

Appeal in court

If the case was considered by a non-judicial body (official), then its decision can be appealed to a district court, and if the decision was made by a court, to a higher court. The choice of the court to which you need to appeal the decision to hold you accountable depends on who made the decision:

– an official (for example, the chief of police) – to the district court (clauses 2, 3, clause 1, article 30.1 of the Code of Administrative Offenses of the Russian Federation);

– magistrate’s court – to the district court (clause 1, clause 30.1 of the Code of Administrative Offenses of the Russian Federation); district court - to the court of the subject (for example, regional court, paragraph 1 of article 30.1 of the Code of Administrative Offenses of the Russian Federation).

Moreover, such a complaint can be submitted either directly to the court authorized to consider it, or to a judge, police department, or official who made a decision on the case (Article 30.2 of the Code of Administrative Offenses of the Russian Federation).

As soon as a complaint against a decision in a case of an administrative offense is submitted with all the materials of the case to the court competent to consider it, it is subject to consideration within two months (Clause 1.1 of Article 30.5 of the Code of Administrative Offenses of the Russian Federation).

According to Article 29.6 of the Code of Administrative Offenses of the Russian Federation, a case of an administrative offense is subject to consideration within the following terms:

1) 15 days from the date of receipt of the case materials and the protocol on the administrative offense, if the case is subject to consideration by the body or official authorized to consider the case on the administrative offense;

2) 2 months from the date of receipt of the case of an administrative offense, if the case is subject to consideration by a judge.

Note: in some cases expressly provided for by law, the time frame for filing or considering a complaint may change.

In the future, it is only possible to review decisions and decisions that have entered into legal force in cases of administrative offenses in accordance with Art. 30.14 Code of Administrative Offenses of the Russian Federation. Such complaints are submitted first to the presidium of the subject’s court, and then to Supreme Court Russian Federation.

How will your complaint be handled?

You must be summoned to court (a non-judicial body) to consider your complaint. When considering a complaint against a decision in a case of an administrative offense, the legality and validity of the decision made is mandatory (subclause 8, paragraph 2, article 30.6 of the Code of Administrative Offenses of the Russian Federation). At the same time, all materials of the case are fully examined, explanations of the person against whom the decision was made in the case of an administrative offense are heard. If necessary, testimony from other persons may also be heard. During the process, you will be able to file motions, challenge, question witnesses, present your evidence and petition to obtain it if you cannot obtain it yourself.

Based on the results of consideration of a complaint against a decision in a case of an administrative offense, one of the following decisions may be made (Article 30.7 of the Code of Administrative Offenses of the Russian Federation):

1) to leave the decision unchanged and the complaint unsatisfied: this means that the court/official considered that you committed an offense and everything was filed correctly;

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: for example, the amount of your fine was reduced. They cannot increase it.

3) to cancel the decision and to terminate the proceedings: you are not guilty of anything or the statute of limitations has expired, in general, there will be no punishment;

4) to cancel the decision and to return the case for a new consideration: the question of whether you committed an offense will be considered anew;

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, government body, or official. The question of whether you committed an offense will be re-examined in another court/by another authority.

According to the general rule of the Code of Administrative Offenses of the Russian Federation, bringing to administrative responsibility twice for the same administrative offense is not allowed.
However, it is necessary to distinguish between cases where there are two administrative offenses and administrative liability is brought twice, and where there is only one administrative offense and there is repeated administrative liability.
We can talk about such a phenomenon as repeated bringing to administrative responsibility due to the presence of several norms in the Code of the Russian Federation on Administrative Offenses.

Firstly, repeated bringing to administrative responsibility is regulated by part 5 of article 4.1 of the Code of Administrative Offenses of the Russian Federation. This provision stipulates that no one can be held administratively liable twice for the same administrative offense. This means that repeated administrative liability is not possible under the law. Let us remind you that a person is considered subject to administrative punishment within one year from the date of execution of the decision (payment of the fine).
Secondly, paragraph 7 of part 1 of article 24.5 of the Code of Administrative Offenses of the Russian Federation is devoted to bringing to administrative responsibility twice for the same administrative offense. According to this norm, if proceedings are being conducted against a person for an administrative offense, or they are just about to initiate it and it is established that there are already:
1. a resolution imposing an administrative penalty on the same fact, or
2. a decision to terminate proceedings in a case of an administrative offense on the same fact, or
3. a decision to initiate a criminal case on the same fact, in this case the proceedings on the case of an administrative offense cannot be initiated or must be terminated.
In practice, big questions arise regarding the application of these norms. There are no general explanations that would cover all the problems of repeated bringing to administrative responsibility.
At the same time, there is a fairly large volume judicial practice, which helps to find the answer to this question, when there is administrative liability twice for the same administrative offense, and when not.
The position of the Supreme Court of the Russian Federation on the issue of repeated bringing to administrative responsibility is contained in the answer to question No. 21 in the “Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2006”, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated 03/07/2007.
Question No. 21: During what period from the moment a person is brought to administrative responsibility for committing a continuing offense is it possible to bring him to administrative responsibility again if the person continues to commit this offense, for example, lives without a passport or without registration?
Answer: In accordance with paragraph 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some questions that arose among the courts when applying the Code of the Russian Federation on Administrative Offenses,” a continuing offense (action or inaction) that is expressed in long-term continuous failure to fulfill or improper fulfillment of the duties assigned to the violator by law. The day of discovery of a continuing administrative offense is the day when the official authorized to draw up a protocol on the administrative offense discovered the fact of its commission. Part 2 of Art. 4.5 of the Code of Administrative Offenses of the Russian Federation provides that in case of a continuing administrative offense, the statute of limitations for bringing to administrative responsibility begins to be calculated from the date of discovery of the administrative offense. Prosecution ends the offence. If a person brought to administrative responsibility does not fulfill the duties assigned to him by law or other regulatory legal act, or does it improperly, then he may be brought to justice again. In this case, it is necessary to take into account the nature of the obligation assigned to the violator and the period required for its fulfillment. The moment the specified period begins to run is the entry into force of a previously issued decision on the same administrative offense.

Part 2 of Art. 4.5 of the Code of Administrative Offenses of the Russian Federation provides that in case of a continuing administrative offense, the statute of limitations for bringing to administrative responsibility begins to be calculated from the date of discovery of the administrative offense.
The day of discovery of a continuing administrative offense is the day when the official authorized to draw up a protocol on the administrative offense discovered the fact of its commission.
The Supreme Court, in response to a question, indicated that prosecution terminates the offense. What is meant here is that the offense is formally legally terminated, because after violations are identified, no one has the right or can prohibit you from continuing to commit an administrative offense. For example, breaking the rules fire safety or sanitary standards and rules. Further, the Supreme Court writes that if a person held administratively liable does not fulfill the duties assigned to him by law or other regulatory legal act, or does it improperly, then he may be brought to justice again. In this case, it is necessary to take into account the nature of the obligation assigned to the violator and the period required for its fulfillment. The moment the specified period begins to run is the entry into force of a previously issued decision on the same administrative offense.
That is, the Supreme Court does not say that repeated prosecution for the same offense is possible. The court says that if a sufficient period of time has passed to eliminate the violation and the decision in the case of an administrative offense has entered into legal force, then administrative liability may be brought under the same article for the same actions (inactions). The offense will be new, which means new administrative responsibility for the guilty person.