Resolutions 12.34 h 1 Code of Administrative Offenses of the Russian Federation. Solution. Krasnodar Regional Court

1. The objects of the offense are public relations in the field of security traffic.

2. The design, construction, reconstruction, repair and operation of highways, streets and highways of cities and other populated areas, railway crossings and other road structures must comply with established rules, regulations and standards that ensure road safety. The basic requirements for ensuring road safety during the repair and maintenance of roads are established by Art. 12 of the Federal Law of December 10, 1995 N 196-FZ “On Road Safety”, Traffic Rules Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090 (as amended and supplemented). Requirements related to ensuring road safety during road operation are included in GOST R 50597-93 "Highways and streets. Requirements for operational condition acceptable under the conditions of ensuring road safety." This standard establishes requirements relating to road safety, the surface of roads, sidewalks, roadsides, the condition of road signs, traffic lights, markings, fences, and external lighting. The standard also regulates the timing of ice removal and snow removal from streets and roads. The requirements for the operational condition of roads are set out more fully in Methodical recommendations for the repair and maintenance of public roads, approved by Rosavtodor on March 17, 2004. The necessary requirements for maintaining railway crossings in a safe condition for road traffic are set out in the Instruction of the Ministry of Railways of Russia dated June 29, 1998 N TsP-566.

3. These acts establish requirements for the condition of the roadway, roadsides, pedestrian and bicycle paths; evenness of the surface, the condition of ventilation and other wells, lighting, drainage on artificial structures (bridges, overpasses, etc.); designation and equipment of places pedestrian crossings; artificial lighting on sections of streets and roads, etc.

Separate requirements are imposed on officials in the process of carrying out repairs and other work on the road network.

Compliance with the rules, regulations and standards relating to the condition, arrangement and operation of railway crossings is important for traffic safety. These standards concern the geometric elements of the road on the approaches to the crossing, ensuring the visibility of the crossing, equipping the crossing with road signs, light and sound alarms, fences, barriers, etc.

The state standard, mandatory for both legal entities and officials, includes technical specifications and parameters: a) coverage of roadways and streets; b) visibility on roads and streets; c) road signs; d) road markings; e) road traffic lights; f) road barriers and side stones; g) signal posts and beacons; h) poor lighting.

In accordance with Art. 14 of the Federal Law "On Road Traffic Safety" and the State Standard of the Russian Federation "Roads and Streets. Requirements for the operational condition acceptable under the conditions of ensuring road safety" in cases where the operational condition of roads and streets does not meet the requirements state standard, temporary restrictions must be introduced on them to ensure traffic safety, up to a complete ban on traffic.

4. From the objective side, the offenses provided for in this article are characterized by two types of offenses: 1) failure to comply with road safety requirements when repairing and maintaining roads, railway crossings and other road structures in a safe condition for traffic; 2) failure to take measures to timely eliminate obstacles to traffic, prohibit or restrict traffic on certain sections of roads if their use threatens traffic safety. These offenses can be committed either through action or inaction.

5. The requirements established by the rules, regulations, standards and other regulatory documents to ensure road safety during the repair and maintenance of roads, railway crossings and other road structures must be observed by organizations in charge of highways, streets and roads of cities and other populated areas, as well as railway crossings (JSC Russian Railways, municipal, motor transport, road construction, road repair, road maintenance and some other organizations).

The subjects of the offenses under consideration are both legal and officials, responsible for compliance with the rules of repair and maintenance of roads, railway crossings and other road structures, as well as for the timely elimination of obstacles to traffic.

6. The subjective side of offenses can be expressed in the form of intent or negligence.

7. Cases of administrative offenses have the right to be considered by the head of the traffic police, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy, government inspectors road supervision (Article 23.3).

Protocols on these offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3), road management authorities (Clause 76 of Part 2 of Article 28.3).

Failure to take measures to timely eliminate obstacles in traffic, prohibit or restrict traffic on certain sections of roads if the use of such sections threatens road safety - entails imposition administrative fine for officials responsible for the condition of roads, railway crossings or other road structures, in the amount of two thousand to three thousand rubles; on legal entities- three hundred thousand rubles.

Legal advice under Art. 12.34 Code of Administrative Offenses of the Russian Federation

Full text of Art. 12.34 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 12.34 of the Code of Administrative Offenses of the Russian Federation.

(name as amended, entered into force on March 31, 2010 Federal law dated December 28, 2009 N 380-FZ
Failure to comply with road safety requirements during the repair and maintenance of roads, railway crossings or other road structures, or failure to take measures to promptly eliminate obstacles to traffic, prohibit or restrict road traffic on certain sections of roads if the use of such sections threatens road safety (paragraph as amended, entered into force on March 31, 2010 by Federal Law of December 28, 2009 N 380-FZ, -
entails the imposition of an administrative fine on officials responsible for the condition of roads, railway crossings or other road structures in the amount of two thousand to three thousand rubles; for legal entities - three hundred thousand rubles.

(Paragraph as amended by Federal Law of June 22, 2007 N 116-FZ; as amended by Federal Law of July 23, 2013 N 196-FZ.

Commentary on Article 12.34 of the Code of Administrative Offenses of the Russian Federation

1. The objects of the offense are public relations in the field of ensuring road safety.

2. The design, construction, reconstruction, repair and operation of highways, streets and roads of cities and other populated areas, railway crossings and other road structures must comply with established rules, regulations and standards that ensure road safety. The basic requirements for ensuring road safety during the repair and maintenance of roads are established by Art. 12 of the Federal Law of December 10, 1995 N 196-FZ “On Road Safety”, the Road Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1993 N 1090 (as amended and supplemented). Requirements related to ensuring road safety during road operation are included in GOST R 50597-93 "Highways and streets. Requirements for operational condition acceptable under the conditions of ensuring road safety." This standard establishes requirements relating to road safety, the surface of roads, sidewalks, roadsides, the condition of road signs, traffic lights, markings, fences, and external lighting. The standard also regulates the timing of ice removal and snow removal from streets and roads. More fully, the requirements for the operational condition of roads are set out in the Methodological Recommendations for the repair and maintenance of public roads, approved by Rosavtodor on March 17, 2004. The necessary requirements for maintaining railway crossings in a safe condition for road traffic are set out in the Instructions of the Ministry of Railways of Russia dated June 29, 1998. N TsP-566.

3. These acts establish requirements for the condition of the roadway, roadsides, pedestrian and bicycle paths; evenness of the coating, the condition of ventilation and other wells, lighting, drainage on artificial structures (bridges, overpasses, etc.); designation and equipment of pedestrian crossings; artificial lighting in areas of streets and roads, etc.

Separate requirements are imposed on officials in the process of carrying out repairs and other work on the road network.

Compliance with the rules, regulations and standards relating to the condition, arrangement and operation of railway crossings is important for traffic safety. These standards concern the geometric elements of the road on the approaches to the crossing, ensuring the visibility of the crossing, equipping the crossing with road signs, light and sound alarms, fences, barriers, etc.

The state standard, mandatory for both legal entities and officials, includes technical characteristics and parameters: a) coverage of roadways and streets; b) visibility on roads and streets; c) road signs; d) road markings; e) road traffic lights; f) road barriers and side stones; g) signal posts and beacons; h) poor lighting.

In accordance with Art. 14 of the Federal Law "On Road Traffic Safety" and the State Standard of the Russian Federation "Roads and Streets. Requirements for the operational condition acceptable under the conditions of ensuring road safety" in cases where the operational condition of roads and streets does not meet the requirements of the state standard, they must Temporary restrictions will be introduced to ensure traffic safety, up to and including a complete ban on traffic.

4. From the objective side, the offenses provided for in this article are characterized by two types of offenses: 1) failure to comply with road safety requirements when repairing and maintaining roads, railway crossings and other road structures in a safe condition for traffic; 2) failure to take measures to timely eliminate obstacles to traffic, prohibit or restrict traffic on certain sections of roads if their use threatens traffic safety. These offenses can be committed either through action or inaction.

5. The requirements established by the rules, regulations, standards and other regulatory documents to ensure road safety during the repair and maintenance of roads, railway crossings and other road structures must be observed by organizations in charge of highways, streets and roads of cities and other populated areas, as well as railway crossings (JSC Russian Railways, municipal, motor transport, road construction, road repair, road maintenance and some other organizations).

The subjects of the offenses under consideration are both legal entities and officials responsible for compliance with the rules of repair and maintenance of roads, railway crossings and other road structures, as well as for the timely elimination of obstacles to traffic.

6. The subjective side of offenses can be expressed in the form of intent or negligence.

7. Cases of administrative offenses have the right to be considered by the head of the traffic police, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy, state road inspectors (Article 23.3).

Protocols on these offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3), road management authorities (Clause 76 of Part 2 of Article 28.3).

Consultations and comments from lawyers on Article 12.34 of the Code of Administrative Offenses of the Russian Federation

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Decision on the administrative case Case No. 5-131/2017
DEFINITION

about the return of the protocol

about an administrative offense

Magistrate of judicial precinct No. 3 of Marksovsky district Saratov region Braga G.A., in preparation for the consideration of the case of an administrative offense, having examined the protocol on the administrative offense from and the presented materials in relation to Kadyrbaev, birth, on bringing to administrative responsibility for committing an offense under Part 1 of Art. Section II. Special part> Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation)

INSTALLED:

The magistrate of judicial district No. 3 of the Marksovsky district of the Saratov region, on April 14, 2017, received for consideration a protocol on an administrative offense from and materials of the administrative case against V.A. Kadyrbaev. on bringing to administrative responsibility under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 of the Code of Administrative Offenses of the Russian Federation, compiled by the traffic police inspector of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation for the Marksovsky district -

Having studied the protocol on an administrative offense and materials presented to the magistrate, the magistrate believes that this material cannot be accepted for the proceedings of the magistrate on the following reasons.

Based on the provisions of Part 1 of the Article of the Russian Federation, ensuring legality in the application of administrative coercive measures presupposes not only the presence of legal grounds for the use administrative punishment, but also compliance with the procedure established by law for bringing a person to administrative responsibility.

By virtue of the requirements of the article of the Russian Federation, the judge, in order to prepare the case for consideration, must establish whether the consideration of this case falls within his competence, whether the protocol on the administrative offense has been drawn up correctly in terms of the completeness of the investigation of the event of the offense and information about the person who committed it, as well as compliance the procedure for drawing up the protocol, whether there are enough materials available on the case to consider it on its merits.

In accordance with Part 1 of Art. RF evidence in a case of an administrative offense is any factual data on the basis of which the judge, body, official in charge of the case establishes the presence or absence of an event administrative offense, the guilt of the person brought to administrative responsibility, as well as other circumstances that are important for the correct resolution of the case. By virtue of Part 2 of Art. of the Russian Federation, this data is established, including by the protocol on an administrative offense, other protocols and documents.

Part Part 2 Art. The Russian Federation establishes that the protocol on an administrative offense shall indicate the date and place of its preparation, the position, surname and initials of the person who drew up the protocol, information about the person against whom the case of an administrative offense was initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if there are witnesses and victims, the place, time of commission and event of the administrative offense, an article of this Code or the law of a constituent entity of the Russian Federation providing for administrative liability for this administrative offense, explanation individual or the legal representative of the legal entity against whom the case has been initiated, other information necessary to resolve the case.

Within the meaning of Part 2 of Art. and part 2 of Art. RF, the information contained in the protocol on an administrative offense is the main means of proof.

According to the protocol on an administrative offense, V.A. Kadyrbaev is held administratively liable under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 of the Code of Administrative Offenses of the Russian Federation, on the fact of violation of O.P. clause 13 of the Traffic Regulations of the Russian Federation at 01 o'clock. 50 minutes on the Samara-Volgograd metro road - non-compliance with road safety requirements during the construction, reconstruction, repair and maintenance of roads, resulting in the formation of potholes in the roadway on the roadway, the use of such a section increases the cost of road safety (literally from the protocol).

According to Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 Code of Administrative Offenses of the Russian Federation, an administrative offense is failure to comply with requirements for ensuring road safety during construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures, or failure to take measures to timely eliminate obstacles to traffic, to temporarily restrict or stop the movement of vehicles on certain sections of roads in cases where the use of such sections threatens road safety Sanction Part 1. Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with road safety requirements during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank" >12.34 The Code of Administrative Offenses of the Russian Federation provides for the imposition of an administrative fine on officials responsible for the condition of roads, railway crossings or other road structures in the amount of twenty thousand to thirty thousand rubles; for legal entities - from two hundred thousand to three hundred thousand rubles.

According to Part 1 of Art. Federal Law No. 196-FZ of December 10, 1995 “On Road Traffic Safety” requires that the repair and maintenance of roads on the territory of the Russian Federation ensure road safety. The compliance of the condition of roads with rules, standards, technical norms and other regulatory documents related to ensuring road safety is certified by acts of control inspections or road surveys conducted with the participation of the relevant executive authorities. At the same time, part 2 of this article establishes that the responsibility for ensuring compliance of the condition of roads during their maintenance with established rules, standards, technical norms and other regulatory documents rests with the persons engaged in the maintenance of highways.

Clause 13 of the Basic Provisions for the admission of vehicles to operation stipulates that officials and other persons responsible for the condition of roads, railway crossings and other road structures are required to maintain roads, railway crossings and other road structures in a safe condition for traffic in accordance with requirements of standards, norms and rules.

As follows from the content of the above norms in their relationship with the provisions of Art. , Civil Code RF, subjects of an administrative offense under Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with road safety requirements during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 of the Code of Administrative Offenses are:

Legal entities that have the relevant sections of roads on their balance sheet and are assigned to them with the right of economic management or operational management and who are obliged to maintain them in accordance with the statutory goals of their activities;

Legal entities that are balance holders of the corresponding sections of roads assigned to them by the right of economic management or operational management, for which the responsibility for their maintenance is defined in the charter;

Officials of these legal entities.

Organizations that carry out construction, reconstruction, major renovation, repair and maintenance of highways based on civil contracts with the specified legal entities, as well as officials of such organizations cannot be brought to administrative liability under Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with road safety requirements during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 Code of Administrative Offences, since this type legal liability does not apply within the framework of private law relations for failure to fulfill contractual obligations.

The materials presented to the court do not contain information about who is responsible for the maintenance of the Samara-Volgograd highway, and in the protocol on the administrative offense against V.A. Kadyrbaev. it is not reflected who Kadyrbaev V.A. is, and what the violation by him as an official of O.P. is. Clause 13 of the Traffic Regulations of the Russian Federation (as indicated in the protocol) and in connection with what exactly this person must be held liable under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 of the Code of Administrative Offenses of the Russian Federation. At the same time, based on the provisions of Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with road safety requirements during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 of the Code of Administrative Offenses of the Russian Federation the offense in question characterized by a special subject composition, i.e. the subject can only be the person who is responsible for carrying out work to eliminate traffic hazards, maintain roads, railway crossings and other transport infrastructure facilities. Thus, the subjects of the offense in question are legal entities, as well as their employees - officials, subject to vesting them with special competence.

From the above it follows that in the case materials presented to the court, in violation of paragraph 2 of Art. RF, there is no information necessary to resolve the case, the case materials are not presented in full. All of the above shortcomings are significant, which cannot be compensated for during the consideration of the case.

According to paragraphs. 3 and 5 tbsp. RF and legal position, set out in paragraph 2 of the Resolution of the Plenum Supreme Court RF No. 5 of March 24, 2005 “On some questions that arise for courts when applying the Code of Administrative Offenses of the Russian Federation” when preparing to consider a case of an administrative offense, the judge must find out whether the protocol on the administrative offense and other protocols provided for by this Code have been drawn up correctly, and also whether other materials are correctly drawn up and whether they are sufficient to consider the case on the merits.

In case of incorrect preparation of the protocol and other materials, as well as incompleteness of the presented materials, the judge, on the basis of clause 4, part 1, art. The Russian Federation issues a ruling on the return of the protocol on the administrative offense and other case materials to the body or official by whom it was drawn up, indicating the identified shortcomings that require elimination.

Taking into account all the stated circumstances of the preparation, execution administrative protocol, protocol on administrative offense from and presented materials of the administrative case against Kadyrbaev V.A. on bringing to administrative responsibility for committing an offense under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 of the Code of Administrative Offenses of the Russian Federation shall be returned to the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation for the Marksovsky District, the official to whom he drawn up - to the traffic police inspector of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia of the Russian Federation for the Marksovsky district - to eliminate the identified deficiencies.

Guided by clause 4, part 1, art. RF, magistrate

DEFINED:

Return the protocol on the administrative offense from and the presented materials of the administrative case against V.A. Kadyrbaev. on bringing to administrative responsibility for committing an offense under Part 1 of Art. Section II. Special part > Chapter 12. Administrative offenses in the field of road traffic > Article 12.34. Failure to comply with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures" target="_blank">12.34 of the Code of Administrative Offenses of the Russian Federation is subject to return to the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation for the Marksovsky District, the official to whom he compiled - by the traffic police inspector of the State Traffic Safety Inspectorate of the Russian Ministry of Internal Affairs of the Russian Federation for the Marksovsky district - to eliminate the identified deficiencies.

Magistrate G.A. Braga

New edition of Art. 12.34 Code of Administrative Offenses of the Russian Federation

1. Failure to comply with the requirements for ensuring road safety during the construction, reconstruction, repair and maintenance of roads, railway crossings or other road structures, or failure to take measures to timely eliminate obstacles to traffic, to temporarily restrict or stop the movement of vehicles on certain sections of roads in cases where the use of such areas threatens road safety, -

shall entail the imposition of an administrative fine on officials responsible for the condition of roads, railway crossings or other road structures in the amount of twenty thousand to thirty thousand rubles; for legal entities - from two hundred thousand to three hundred thousand rubles.

2. The same actions that entailed causing slight or moderate harm to the health of the victim, -

entail the imposition of an administrative fine on officials responsible for the condition of roads, railway crossings or other road structures in the amount of fifty thousand to one hundred thousand rubles; for legal entities - from four hundred thousand to five hundred thousand rubles.

Notes:

1. Minor harm to health should be understood as a short-term health disorder or minor permanent loss of general ability to work.

2. Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third.

Commentary on Article 12.34 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offense is road safety, traffic rules, rules for the protection of roads and road structures.

In accordance with Federal Law No. 196-FZ of December 10, 1995 “On Road Traffic Safety,” the repair and maintenance of roads on the territory of the Russian Federation must ensure road safety. The compliance of the condition of roads with rules, standards, technical norms and other regulatory documents related to ensuring road safety is certified by acts of control inspections or road surveys conducted with the participation of the relevant executive authorities. The responsibility for ensuring compliance of the condition of roads after repairs and during operation with established rules, standards, technical norms and other regulatory documents rests with the Ministry of Transport of Russia.

2. The objective side of the offense is expressed in violation of the rules for the repair and maintenance of roads, railway crossings, or failure to take measures to timely eliminate obstacles to traffic, prohibition or restriction of traffic on certain sections of roads, if the use of these sections threatens road safety.

3. The subjective side of the offense is characterized by guilt in the form of intent or negligence.

4. Citizens, officials, and legal entities are recognized as subjects of an administrative offense.

Another comment on Art. 12.34 of the Code of the Russian Federation on Administrative Offenses

1. The object of the offense is road safety, the life and health of citizens, Traffic Rules, Rules for the protection of roads and road structures.

2. The objective side of the offense is characterized by action (inaction) and is expressed in violation of the rules: a) repair and maintenance of roads, railway crossings or other road structures in a condition safe for road traffic; b) or failure to take measures to timely eliminate obstacles to traffic, prohibit or restrict road traffic on certain sections of roads if the use of such sections threatens road safety. For example, a person who, during repairs, did not mark areas that threaten road safety with signal or emergency signs is inactive.

The norm in question is a blanket one. The specific manifestations of the offense in question are in general view refers to the Rules for the protection of roads and road structures, therefore in each specific case it is necessary to establish which rule was violated. According to the legal structure, the offense forms a formal offense and is considered completed from the moment the rules are violated.



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