Violation of the rules of the road detected by the road police automatically leads to the responsibility of the driver for the grounds Administrative code RF.

The fixation of the mistakes allowed by the driver on the road can be framed in the form of a protocol or ruling, but in which there is a difference between these documents, and what consequences will entail each document?

Protocol

Under the protocol understand the official document that constitutes the inspector road when stopping the driver of the vehicle for violations of traffic rules. If, when explaining the cause of the stop, the driver does not fully agree with the arguments of a police officer, does not recognize the fact of the violation committed by him, then the Protocol on the offense is drawn up.

According to its grounds, you can attract a driver either to administrative, or to criminal liability, so to avoid anything else, it is simply obliged to know the procedure for its preparation, subtlety and various legal nuances. Our lawyers will provide you with legal support online, simply place a free request at the end of the article.

Grounds for making a protocol

If the inspector stopped you, and imposes to you that you have broken traffic rules, but you know exactly what they did not violate anything, then in this case a protocol on the offense is drawn up, which can be appealed in some cases.

The protocol is:

1. In the case of not the competence of the inspector on a specific road incident (The case can only be considered by the court).
2. For the detection of a minor citizen as a motor vehicle driver.
3. If the enforced offense is committed by military personnel of a valid service life.
4. In case of your inconception with a sane violation.

A protocol is drawn up on the results of the visual inspection of the offense place, admitted to the driver and be the basis for further investigation of all the circumstances under which an offense was committed.

The information contained in the protocol

The rules and procedure for compiling the protocol contains Art. 28.2 Administrative Code:

• The front page indicates the date and time at the time of the preparation of the document, the name and the position of the inspector.
• Also prescribe all personal data of the driver who are suspected of committing illegal actions on the road, its address of permanent registration.
• When attracting witnesses, their personal data should also be reflected in the protocol, the addresses of the permanent registration of witnesses are prescribed.
• Written explanation From the violator of his vision to the composition of themselves unlawful actions on the road.

Inspector describes in detail everything that could lead to a driver stop - the causes of detention, an exemplary movement scheme, all the grounds for its actions.

After registration of the document, it is transferred to familiarize themselves, the driver is given the right to make his comments and explanations to everything that happened to him on the road. You can write everything that will subsequently be able to prove your innocence if the case will be considered by the court.

If there are empty strings in the process of familiarization with the protocol, they must be crossed out to avoid post-facts of additional information that defrustes and disproven the explanation of the driver's driver.

If you do not fully agree with the protocol, we can not sign it, but in fact it does not play any role, just in a separate line will be an explanation that you abandoned the signature. But in any case, he will definitely give a move, and your actions will only exacerbate and so not a simple situation.

What you need and what is not necessary to do during and after the compilation of the protocol

1. If you are invited to the DPS car - refuse to offer.
2. The document must be compiled only with you.
3. Check the accuracy of filling out all the data - is the name of the responsible person, the date, is the witnesses and their addresses.
4. Is there a reference to the document on the legal law, under which your actions fall on the road.
5. You may be distracted by different questions for losing vigilance - do not react to them, do not give in to provocation, which can lead to distortion of real facts in the protocol.
6. If you have a registrar or a camera, take pictures and come together when writing explanatory. If you have a modern smartphone, you can take a photo, and turn on the recording of all conversations with the inspector. All this will help in appealing the protocol or unauthorized actions of the responsible person.
7. If you were sent to read the completed document, ask the question - will there be other records? If not, ask all the extra lines to cross.
8. Check all the points of the document, if a different responsible person in a pair is specified as a witness, then be sure to accept the certificate and make its data in the Protocol.
9. If there is no record of your side of the support, that is, passengers who were with you at the time of the stop, declare their requirement for making data and about them.
10. If imaginary witnesses are noted in the protocol, ask you to submit them to you, and if this action is impossible, ask you to delete the record of them.
11. If you refuse your legal requirements, feel free to call hot line The Ministry of Internal Affairs at the phone is, it will be able to sober up the inspector.

Know all noticeable inaccuracies in the protocol, can become a decisive moment to challenge the actions of the inspector.

Get prompt assistance online you from this page from our qualified lawyers.

About how the protocol can, you can learn from the following publication on the pages of our site.

We offer to look at a detailed video, which tells how to drive ourselves to the driver when drawing up the protocol:

Decision

If at the time of the stop you know exactly what and where you have broken, and agree with the arguments of the traffic police, then the decree is issued in place, and you are given a receipt for the payment of the fine.

This important document is confirmed by challenging the actions of the inspector you will not.

Grounds for making a decision

The grounds for the preparation of the ruling can be minor and minor offenses that have not resulted in serious consequences - the turn or turn is perfect not with the strip, incorrect rebuilding, minor excess speed \u200b\u200bregime on a particular road, unclosed belt.

Inspector, writing down the ruling, thus warns the driver for the future not to make such actions on the road, but at the same time it is executive document, That is, the driver is prescribed to fulfill what is displayed in it.

With the development of IP technologies, more and more drivers began to receive automatically created decisions about all unlawful actions from video surveillance cameras. Such a resolution can be appealed if you think that innocent for 10 days.

In order not to miss the deadline for challenging, as well as take advantage of the opportunity to pay, periodically contact the service of the resolutions of the traffic police prescribed on you.

The information contained in the ruling

As in any other official document, and in the ruling, it must be launched:

1. The date of fixation, by whom was fixed.
2. The article of the law under which the type of illegal acts of the driver falls during traffic.
3. Data on the driver and vehicles - FULL NAME, registration signs.
4. The terms of appeal and the timing of these actions.

RESULTS

We bring to your attention a video in which it is described in detail about the difference between the Protocol and Decree:

Summing by all of the above:

1. Although the other document is drawn up with the identification of violations by the driver on the road, but the resolution is already recognizing you who committed a violation, and the protocol of a kind of preparatory stage to the consideration of your violation and proceedings on it.
2. The ruling can be written without witnesses, drawing up the protocol prescribes the mandatory presence of witnesses of the incident.
3. The protocol is made up during serious offenses, for which the driver can be attracted not only to administrative, but also to criminal liability, if people died as a result of his actions. The ruling on the road is discharged on not so serious administrative offenses with the appointment of a fine or prevention.
4. The protocol in the future as a rule implies a more rigid punishment, in case your wine for the perfect offense will be proved, ranging from fine or deprivation of the right to control vehicle Up to criminal liability if people suffered. The decision implies only a fine.
5. And the other document can be challenged if there is good evidence of innocence.

You can familiarize yourself with other relevant articles on our website, we tell about everything that may be interested in our reader.

Medical and pharmaceutical organizations, medical workers, as well as individual entrepreneurs carrying out medical and pharmaceutical activities, are quite often the subjects of some encroaching on health, the sanitary and epidemiological well-being of the population. The administrative offense is detected, as a rule, as a result, which is one of the forms of implementation. According to the results of the inspection of the officials of the authority state control (Supervision), the authority of municipal control, conducted by the audit, is drawn up in accordance with the established form.

If there are violations of compulsory requirements during the inspection, legislation Russian FederationThe official who conducted an inspection issues a legal entity or an individual entrepreneur in respect of whom a check was conducted indicating the timing of their elimination, and also takes measures to attract persons who have identified violations, responsible.

Responsibility can be administrative and.

This article discusses the procedure for compiling a protocol on administrative offenseas a procedural document decorated at the stage. Everything can be.

To attract an organization, an official, an individual entrepreneur or a citizen to administrative responsibility, a protocol on an administrative offense must be compiled.

this is a procedural documentin which an administrative offense is recorded. Therefore, the Protocol is proof of the administrative offense case and must comply with the requirements for evidence.

First of all, the use of evidence in the case of an administrative offense obtained in violation of the law is not allowed.

The preparation and procedure for registration of the protocol on an administrative offense must comply with the requirements established by Ch.28 of the Code of Administrative Offenses of the Russian Federation (hereinafter - the Administrative Code of the Russian Federation).

The protocol is drawn up on the commission of an administrative offense (Part 1 of Article 28.2 of the Codecha of the Russian Federation). But there are.

As a general rule, the Administrative Offenses Protocol must be compiled immediately After identifying the commission of an administrative offense (Part 1 of Article 28.5 of the Administrative Code of the Russian Federation).

If an additional clarification of the circumstances of the case or data on the physical person or information about a legal person is required, for which the case of an administrative offense is initiated, the Administrative Offense Protocol is drawn up within two days from the date of detection of an administrative offense (part 2 of Article 28.5 of the Code RF).

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The protocol on an administrative offense is signed by an official, which made it, an individual or legal representative of a legal entityFor whom the case of an administrative offense was initiated. In case of refusal of these persons from the signing of the Protocol, as well as in the case of the failure to appear these persons to compile a protocol, it makes an appropriate entry (Part 5 of Article 28.2 of the Administrative Code of the Russian Federation).

Physical lick or legal representative of a legal entity for whom the case of an administrative offense was initiated, as well as the victim awarded a copy of the Administrative Offense Protocol (Part 6 of Art. 28.2 of the Administrative Code of the Russian Federation).

It is necessary to note that the signing of the protocol on an administrative offense, as well as its presentation (direction by mail), is carried out exclusively to the person in respect of which the case of an administrative offense or its legal representative was initiated. Signing, awarding a protocol on the administrative offense of the defender, providing legal assistance to the person in respect of which the case of an administrative offense and acting on the basis of the order (if the defender is a lawyer), a representative of a legal entity in force on the basis of a power of attorney, including the head of his branch or The divisions are regarded as non-fulfillment of the requirements established by Ch.Ch.5 and 6 Article 28.2 of the Code of Administrative Code. Since listed persons are not legal representatives.

In practice, the question of the possibility of appealing the Administrative Offencing Protocol appeales. The protocol on the administrative offense cannot be appealed, since the protocol only fixes the administrative offense. If the person with respect to which the administrative offense protocol does not agree with the circumstances that are posted in the Protocol, then it may express its position in the Protocol in terms of providing explanations and comments on the Protocol. Then, when, a person in respect of which is being done, it has the opportunity to refute the circumstances that are fixed in the protocol, to provide evidence, give explanations in the case.

For three days after the preparation of the protocol on an administrative offense, he is sent to the judge, to the authority, an official authorized to consider the case of an administrative offense (Part 1 of Article 28.8 of the Administrative Code of the Russian Federation).

The Administrative Offense Protocol is transferred to the judge immediately after it is compiled (rendering):

• If administrative case provides administrative arrests or administrative expulsion (part 2 of Article 28.8 of the Administrative Code of the Russian Federation);
• If a measure of ensuring the proceedings in the case of an administrative offense in the form of (part 4, Article 28.8 of the Administrative Code of the Russian Federation) is applied.

Administrative bodies authorized to draw up a protocol on administrative offense are established by Art. 28.3Cap of the Russian Federation. Administrative authorities, authorized to consider cases of administrative offense established ch. 23 Administrative Code.

For example, in violation of legislation in the field of providing sanitary and epidemiological well-being of the population (Article 6.3 of the Administrative Code of the Russian Federation), the administrative offense protocols are a bodies that perform functions for control and (Article 23.13 of the Code of Administrative Medical University). This administrative authority may consider the case.

But according to Article 23.1 of the Administrative Code of the Russian Federation, the authority authorized to draw up a protocol on an administrative offense conveys the case for consideration by the judge, if an administrative investigation was conducted in the case or if a punishment is provided in the case. Because Sanction Art. 6.3 Code of Administrative Code individual entrepreneurs and legal entities provides for the suspension of activities, the protocol on the administrative offense under this article regarding the indicated persons must be transmitted For consideration of the judge, and in relation to citizens and officials, the body consistent with the Protocol.

According to Article 6.2 of the Administrative Code of the Russian Federation, the administrative offense protocols are officers (Part 18 of Article 28.3 of the Administrative Code of the Russian Federation), but cases of administrative offenses under this article considers the court (Part 1 of Article 23.1 of the Administrative Code of the Russian Federation).

The case of an administrative offense is initiated by the Protocol. But at certain cases, it may not be compiled at all. And then, there will be nothing to write in this protocol. Nevertheless, if the face attracted or the presence of the violation itself, the protocol must be compiled. This clearly speaks the law. But what exactly to write in the traffic police protocol, if you disagree with traffic violation, will be discussed below. But first you need to understand what is the protocol, the rules for its preparation and see its sample.

To begin with, we find out the Aza - the traffic police protocols are different. In the article, we only consider the protocol on administrative violation. But besides him, there are:

• detention protocol,
• deliveries
• removal from management
• inspection of the place of violation,
• seizure of things and documents
• directions for medical examination.

Why do you need?

So, any punishment to the driver is made only after a certain consideration procedure. This procedure is called administrative business. Consider it in general cases, police or judges (less often - prosecutors and other officials).

The protocol is needed in order to initiate such an administrative case. In essence, without this paper (the protocol for 2020 is possible only in writing, but not in electronic) is not the case. But with the exception of exceptions.

Article 28.2 Administrative Code.
1. The protocol is drawn up on the commission of an administrative offense, with the exception of cases provided for in Article 28.4, parts 1, 3 and 4 of Article 28.6 of this Code.

What is different from the ruling?

The traffic police protocol from the decree is different, and the difference in Cardinal, although they include both the fact of the violation by the driver traffic rules.

If the protocol, as we have already spoken above, the case of violation is initiated, the consideration of this case is actually completed by the decision. That is, the ruling is a kind of verdict and the outcome of the procedure for finding out the circumstances and determining the guilt of the driver with the appointment of a fine (or another type of punishment) as a result of this case.

In principle, many of the following rules refer both to the Protocol and the Decree. After all, in the latter there is also a graph for the comments of an attracted person where necessary to write the necessary information (see below), if he does not agree with the violation of traffic rules, it also needs to be signed, and the refusal of signature may turn out similar consequences.

Only samples of the protocol and resolution of the traffic police are different.

Is it possible to appeal the protocol?

Not. In the protocol, there is a logically nothing to appeal, since the protocol is only an initiated business. That is, the protocol is a document to indicate all the circumstances of the case for subsequent consideration (perhaps even another inspector or judge, the prosecutor and the like), and the work is on the basis of the Resolution. And there is nothing to complain about.

When not taken out?

Such an exception is, in fact, only one thing is the lack of a challenge of the punishment attracted by the face. Then the ruling is made immediately - this is a document that the driver is already installed, and he is appointed administrative penalty or other punishment (Part 1 of Art. 28.6 of the COAMA).

The ruling without a protocol can be carried out only in cases where only either a warning is provided under the code of the Code.

When does the traffic police protocol necessarily be compiled?

From the above, it is logical that if you do not agree with traffic violations, the Protocol must be drawn up to you (part 2 of Art. 28.6 of the Administrative Code and P.142 of Administrative Regulations). At the same time, it can be written already later - after making a resolution.

Such a legislative absurdity, when the Protocol, in essence, is still being initiated, it is written after the appointment of punishment on this case by the relevant decision.

Sample protocol traffic police 2020

The legislation of 2020 regulates only the procedure for filling out a protocol on the mandatory data that should be indicated in it. There is no sample of the protocol of the installed form. But there is a recommended sample, which is registered in the administrative regulations of the Order No. 664 of the Ministry of Internal Affairs.

The protocol is filled from both sides and has one sheet.

Protocol face sample:

REDUCH SIDE OF THE PROTOCOL:

What are the rules of writing?

The procedure for drawing up the protocol is governed by Article 28.2 of the Administrative Code and the neighboring articles. Thus, in the protocol must necessarily write certain data on the place and the date of the commission of traffic rules, about the inspector and the driver.

In particular, the mandatory data for the Protocol (part 2 of Art. 28.2 of the Administrative Code):

• date and place of writing a protocol on APN,
• FULL NAME AND POSITION OF THE DPS Inspector, who discharges it
• FULL NAME FULLY, REGISTRATION address, place of employment of the driver,
• FULL NAME, addresses of registration of witnesses and / or victims by the driver's fault,
• date and time of traffic violations, as well as a description of the events of the violation,
• any other data, one way or another related to the consideration of the APN.

The protocol also provides for the explanation of the attracted persons affected by the violation and witness.

Be sure to write out the protocol, the traffic police officer in our situation is obliged to explain the rights of the person involved, in particular, article 25.1 (the right to be familiar with the documents in the case), as well as Article 51 of the Constitution of the Russian Federation (the right not to testify against itself or its close relatives) is prescribed Part 3 of Article 28.2 of the Administrative Code, as well as paragraph 150 of the Regulation.

Should the inspector write a protocol for me?

Not. There is no such direct responsibility for the inspector. Both the protocol and the ruling can be written separately from the driver. But important moment: The driver (a person who has been initiated in respect of whom) a traffic police officer must be submitted a protocol to familiarize, and it is also proposed to sign and write comments in this document. The duty of the DPS inspector is made spelled out in paragraph 151 of the Regulations.

What if not to sign?

As we have already told, to hand the traffic police protocol on the driver's signature - the responsibility of the inspector. Can he make subscribe if the latter refuses it? Not.

But your refusal of signature in the protocol of an even account can not mean anything. Moreover, usually those who refuse it, taking an alienated position, do not even look at it and do not read that the inspector wrote there. And he could write a lot.

That is why, instead of refusal of signature in the protocol, we recommend, on the contrary, to study it carefully, as well as write your violated rights in the column and directly indicate disagreement in violation.

Practice is common when a copy of the protocol is not offered at all on the signature driver. In this case, the traffic police officer, abusing ignorance by the driver, just does not even offer him a signature protocol. And instead in the graph, it writes "from the signature refused." Such the right to the inspector gives part 5 of Article 28.2 of the Administrative Code.

Can the inspector make a protocol not immediately?

Maybe, but only in exceptional cases. The right to write down the protocol then it gives it paragraph 143 of the regulations of the Ministry of Internal Affairs. The reasons for writing the traffic police protocol not immediately in 2020 can only be 2:

1. unknown data on the circumstances of the case at the moment,
2. the inability to clarify personal data about the face attracted.

In both cases, the postponement of the discharge should not exceed 2 days.

It is necessary to say that the listed reasons for a delay in principle are not able to take place in standard disorders. For example, when the driver saw a traffic violation on the road to attract. In this case, all the data from the traffic police officer is.

What to write in the protocol if disagree with violation of traffic rules?

One of the basic rules for filling the protocol by a driver in which many drivers are mistaken - it is harm to yourself if you refuse to sign in the document. As we said above, you don't need to do this, but, on the contrary, to study it carefully and sign, and also make the necessary records, but what?

So, if you do not agree with the impaired traffic violations, then you need to write in the protocol. It is important to write briefly and concise. But, if in any graphs your text does not fit, then write in these respective graphs: " Explanations gave on a separate sheet"And write, of course, on a separate paper what you want.

1. In the field for explanations of the attracted person you need to write: " With a violation not Solasen. I need to help the defender"Thus, you immediately inform about the fact of challenging traffic violation. If you do not write this right away, then this, of course, will not deprive you the right to appeal against the ruling with a fine, but the judge or another considering this body will take into account that you are not We were agreed with this initially. You can also briefly write a justification of disagreement with violation.
2. In the same graph, if the traffic police officer did not explain your rights, you also need to make a note about this: " The rights are not clarified".
3. If there are witnesses or there is a video, which can prove your innocence, write in remarks: " There is a video from the registrar."Or" there are witnesses [FULL NAME]. Applying to attract them to the consideration of the administrative case. "
4. If the violation of the MDD is committed (or not committed, but the traffic police officer accuses) in another city, and you want the case to be considered in your city, then write in comments: " Application on the consideration of the case at the place of residence". The inspector must satisfy this petition or present good reasons for refusing to satisfy. It is important to know - on written petitions, employees are also responsible in writing.

Can you appeal a fine if the error in the protocol?

Error error Maine, and here everything depends on its character.

There are just typos, for which the judge when appealing will simply close his eyes either direct to the correction that it will not affect the cancellation of the fine. These errors include elementary typos (for example, the inspector is wrong with the letter in the surname, but it does not give reason to believe that the culprit is not you, since the other data is true), errors with the number of violated pDD Point With an adequate description of the circumstances and the properly written CACAP article.

But there are essential mistakes that will enable effectively challenge a fine. This includes, for example, an error in the address of the commissioning of traffic rules, if the protocol is discharged for a prohibited stop.

As for the incorrectly specified CACAP article, if not the penalty is appointed as a result of this, then when appealing, it is most often returned to the right article with the adjustment of the amount of the fine, according to this new article.

Can the traffic police protocol be the only proof?

Yes and no. The point here in the blurring of evidence of evidence by the case by the face, as well as, which sin to conceal, a clear prevailing relationship by the majority of judges to drivers with the "presumption of guilt" the latter.

The fact is that the practice of Nundsp has always been working in the courts - there is no reason not to trust the police officer. And, if the traffic police protocol is actually the only indicator in general, the presence of an offense against the words of the driver, then the confidence will be more protocol, because it was a service person who took the oath. Alas, but such opinions are guided by judges. For them, the employee cannot lie.

Nevertheless, it seems that in 2020, this question still goes towards the driver - the Supreme Court took the driver's position in disputes on violations, when the only proof is the Protocol, assuring that the DPS inspector is obliged to submit a complete set of evidence to attract a motorist to fine or deprivation. After Supreme Court The Russian Federation went and the regional sun of one of the regions - in Tatarstan also made a similar solution when appealing:

Question: Tell me, please, the rules for drawing up a protocol on an administrative offense. Is it allowed when filling the DPS inspector recording protocol on the fields?

Ivanova Marina Yuryevna

Answer: The rules for compiling a protocol on an administrative offense are established by Article 28.2 of the Code of Administrative Offenses (Administrative Code of the Russian Federation).

According to part 1 of the title article on the commission of an administrative offense, a protocol is drawn up, except for the cases provided for in Article 28.4, parts 1 and 3 of Article 28.6 of the Code of Administrative Offenses of the Russian Federation.

At the same time, the protocol on the administrative offense indicates the date and place of its preparation, the position, the name and initials of the person who has compiled the Protocol, information about the person in respect of which the case was initiated about the administrative offense, names, names, patronymic, addresses of the place of residence of witnesses and victims, If there are witnesses and victims, place, time of committing and an event administrative offense, article COAP The Russian Federation or the law of the constituent entity of the Russian Federation, providing for administrative responsibility for this administrative offense, an explanation of an individual or legal representative of a legal entity in respect of which the case was initiated, other information necessary to resolve the case.

In compiling a protocol on administrative offense, the physical person or legal representative of a legal entity in respect of which the administrative offense case was initiated, and their rights and obligations provided for in this Code are encouraged by their rights and obligations provided for by this Code, which is being recorded in the Protocol.

The physical person or legal representative of a legal entity in respect of which the work of an administrative offense was initiated, the possibility of familiarizing with the Administrative Offencing Protocol. These individuals are entitled to submit explanations and comments on the content of the protocol that are attached to the protocol.

In the event of a non-appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity, in respect of which proceedings in the case of an administrative offense, if they are notified in the prescribed manner, the protocol on the administrative offense is drawn up in their absence. A copy of the protocol on an administrative offense is directed to the person in respect of which it is drawn up, within three days from the date of the compilation of the specified protocol.

The Administrative Offense Protocol is signed by an officer, which made it, an individual or legal representative of a legal entity for which an administrative offense case was initiated. In case of refusal of these individuals from the signing of the protocol, it makes the appropriate entry.

The physical person or legal representative of a legal entity for which the administrative offense case was initiated, as well as the victim, a copy of the Administrative Offencing Protocol.

Sincerely, Malkin Oleg,
Lawyer of an independent analytical agency "

Medical and pharmaceutical organizations, medical workers, as well as individual entrepreneurs carrying out medical and pharmaceutical activities, are quite often the subjects of some encroaching on health, the sanitary and epidemiological well-being of the population. The administrative offense is detected, as a rule, as a result, which is one of the forms of implementation. According to the results of the inspection by officials of the state control authority (supervision), the authority of the municipal control, conducted by the audit, is drawn up in accordance with the established form.

If there are violations of compulsory requirements, the legislation of the Russian Federation, the official who conducted an audit issues a legal entity or an individual entrepreneur for which the verification was conducted indicating the timing of their elimination, and also takes measures to attract persons who have identified violations to responsibility.

Responsibility can be administrative and.

This article discusses the procedure for drawing up a protocol on an administrative offense as a procedural document issued at the stage. Everything can be.

To attract an organization, an official, an individual entrepreneur or a citizen to administrative responsibility, a protocol on an administrative offense must be compiled.

this is a procedural documentin which an administrative offense is recorded. Therefore, the Protocol is proof of the administrative offense case and must comply with the requirements for evidence.

First of all, the use of evidence in the case of an administrative offense obtained in violation of the law is not allowed.

The preparation and procedure for registration of the protocol on an administrative offense must comply with the requirements established by Ch.28 of the Code of Administrative Offenses of the Russian Federation (hereinafter - the Administrative Code of the Russian Federation).

The protocol is drawn up on the commission of an administrative offense (Part 1 of Article 28.2 of the Codecha of the Russian Federation). But there are.

As a general rule, the Administrative Offenses Protocol must be compiled immediately After identifying the commission of an administrative offense (Part 1 of Article 28.5 of the Administrative Code of the Russian Federation).

If an additional clarification of the circumstances of the case or data on the physical person or information about a legal person is required, for which the case of an administrative offense is initiated, the Administrative Offense Protocol is drawn up within two days from the date of detection of an administrative offense (part 2 of Article 28.5 of the Code RF).

Subscribe to us

By sending an application, you agree to the terms of processing and use of personal data.

The protocol on an administrative offense is signed by an official, which made it, an individual or legal representative of a legal entityFor whom the case of an administrative offense was initiated. In case of refusal of these persons from the signing of the Protocol, as well as in the case of the failure to appear these persons to compile a protocol, it makes an appropriate entry (Part 5 of Article 28.2 of the Administrative Code of the Russian Federation).

The physical face or legal representative of a legal entity in respect of which the administrative offense case was initiated, as well as the victim awarded a copy of the Administrative Offencing Protocol (Part 6 of Art. 28.2 of the Administrative Code of the Russian Federation).

It is necessary to note that the signing of the protocol on an administrative offense, as well as its presentation (direction by mail), is carried out exclusively to the person in respect of which the case of an administrative offense or its legal representative was initiated. Signing, awarding a protocol on the administrative offense of the defender, providing legal assistance to the person in respect of which the case of an administrative offense and acting on the basis of the order (if the defender is a lawyer), a representative of a legal entity in force on the basis of a power of attorney, including the head of his branch or The divisions are regarded as non-fulfillment of the requirements established by Ch.Ch.5 and 6 Article 28.2 of the Code of Administrative Code. Since listed persons are not legal representatives.

In practice, the question of the possibility of appealing the Administrative Offencing Protocol appeales. The protocol on the administrative offense cannot be appealed, since the protocol only fixes the administrative offense. If the person with respect to which the administrative offense protocol does not agree with the circumstances that are posted in the Protocol, then it may express its position in the Protocol in terms of providing explanations and comments on the Protocol. Then, when, a person in respect of which is being done, it has the opportunity to refute the circumstances that are fixed in the protocol, to provide evidence, give explanations in the case.

For three days after the preparation of the protocol on an administrative offense, he is sent to the judge, to the authority, an official authorized to consider the case of an administrative offense (Part 1 of Article 28.8 of the Administrative Code of the Russian Federation).

The Administrative Offense Protocol is transferred to the judge immediately after it is compiled (rendering):

• In the event that an administrative case provides administrative arrests or administrative expulsion (Part 2 of Article 28.8 of the Administrative Code of the Russian Federation);
• If a measure of ensuring the proceedings in the case of an administrative offense in the form of (part 4, Article 28.8 of the Administrative Code of the Russian Federation) is applied.

Administrative bodies authorized to draw up a protocol on administrative offense are established by Art. 28.3Cap of the Russian Federation. Administrative authorities, authorized to consider cases of administrative offense established ch. 23 Administrative Code.

For example, in violation of legislation in the field of providing sanitary and epidemiological well-being of the population (Article 6.3 of the Administrative Code of the Russian Federation), the administrative offense protocols are a bodies that perform functions for control and (Article 23.13 of the Code of Administrative Medical University). This administrative authority may consider the case.

But according to Article 23.1 of the Administrative Code of the Russian Federation, the authority authorized to draw up a protocol on an administrative offense conveys the case for consideration by the judge, if an administrative investigation was conducted in the case or if a punishment is provided in the case. Because Sanction Art. 6.3 Code of Administrative Offenses of the Russian Federation in relation to individual entrepreneurs and legal entities provides for the suspension of activities, the Administrative Offenses Protocol on this article in respect of these persons must be transmitted For consideration of the judge, and in relation to citizens and officials, the body consistent with the Protocol.

According to Article 6.2 of the Administrative Code of the Russian Federation, administrative offense reports are officials (part 18 of Article 28.3 of the Administrative Code of the Russian Federation), but cases of administrative offenses under this article considers the court (Part 1 of Article 23.1 of the Administrative Code of the Russian Federation).