Administrative PC of the Russian Federation

Code of Administrative Procedure of the Russian Federation dated March 8, 2015 N 21-FZ (as amended and supplemented)

Code of Administrative Procedure of the Russian Federation
dated March 8, 2015 N 21-FZ

With changes and additions from:

June 29, December 30, 2015, February 15, April 5, June 2, 23, 28, July 3, 2016, March 28, May 1, 28, July 29, 5, December 28, 2017, 19, 29 July, November 28, December 28, 2018, July 26, December 2, 2019

Adopted by the State Duma on February 20, 2015

Approved by the Federation Council on February 25, 2015

On the entry into force of this Code, see Federal Law of March 8, 2015 N 22-FZ

See comments to this Code

President of Russian Federation

The Code regulates the procedure for the implementation of administrative proceedings by the Armed Forces of the Russian Federation and courts of general jurisdiction (in cases of challenging regulatory legal acts, actions (inaction) of state and municipal bodies and officials, etc.).

In contrast to civil proceedings, the Code places emphasis on the active role of the court in resolving administrative cases. This is due to the unequal position of the parties in such cases. In particular, if necessary, the court may itself request evidence; checking the legality of regulations, decisions, actions (inactions) - to go beyond the grounds and arguments of the stated requirements.

Guarantees are provided for the objectivity of the process and ensuring equal procedural opportunities for citizens and the state. Thus, categories of cases are determined that are considered by the court of first instance collectively. When challenging legal acts in the court of a constituent entity of the Federation, the mandatory participation of a citizen’s representative is provided if the plaintiff himself does not have a legal background. A representative of a citizen is also required when considering a case of forced hospitalization in a psychiatric hospital.

The Code clearly defines the jurisdiction of cases arising from administrative and other public legal relations. They are considered by the Constitutional Court of the Russian Federation, courts of general jurisdiction, the Disciplinary Judicial Presence, constitutional (statutory) courts of the constituent entities of the Federation, as well as arbitration courts (in cases established by federal laws). The participation of magistrates in the consideration of these cases is not provided.

A number of innovations are aimed at speeding up the judicial process. This, in particular, is the ability to use electronic procedural documents and use video conferencing. In some administrative cases, simplified (written) proceedings are introduced.

In most cases, the time frame for going to court, considering and resolving administrative cases is reduced. Some categories of citizens and public associations are exempt from legal costs.

The procedure for enacting the Code is determined by a separate federal law.

Code of Administrative Procedure of the Russian Federation dated March 8, 2015 N 21-FZ

This Code comes into force on September 15, 2015, with the exception of parts 2 and 4 of Article 45, part 8 of Article 125, part 2 of Article 126, part 7 of Article 299, part 3 of Article 319, part 4 of Article 347, parts 4, 5 and 9 of Article 353 of this Code, which come into force on September 15, 2016, and paragraph 14 of Article 21 of this Code, which comes into force on January 1, 2017.

The text of the Code was published on the “Official Internet Portal of Legal Information” (www.pravo.gov.ru) on March 9, 2015, in the “Rossiyskaya Gazeta” dated March 11, 2015 N 49, in the Collection of Legislation of the Russian Federation dated March 9, 2015 city N 10 Art. 1391

By Resolution of the Constitutional Court of the Russian Federation dated July 11, 2017 N 20-P, the provisions of Article 111, Part 5 of Article 247 and Clause 2 of Part 1 of Article 248 of this Code were recognized as inconsistent with the Constitution of the Russian Federation to the extent that these provisions - in the meaning given to them law enforcement practice - in the absence of objections from the defendant, the administrative defendant to the demands of the plaintiff, the administrative plaintiff, the possibility of awarding legal costs to a person whose statement of claim, administrative statement of claim to establish the cadastral value of a property in the amount of its market value is satisfied by the court, is actually excluded, even in those cases , When:

- the cadastral value of a given object, previously determined in the order of mass valuation, so exceeds its cadastral value established by the court in the amount of its market value that this may indicate an error that resulted in a violation of the rights of the relevant person, made during the formation of the methodology for determining the cadastral value or when applying it to a specific property,

- and (or) the legal costs incurred by this person are not related to his procedural behavior after filing a claim, administrative claim

By Resolution of the Constitutional Court of the Russian Federation of November 15, 2018 N 42-P, Part 15 of Article 239 of this Code was recognized as inconsistent with the Constitution of the Russian Federation, its Articles 32 (parts 1 and 2), 46 (parts 1 and 2) and 52, to the extent in which, in the system of current legal regulation, does it not allow an electoral association that has nominated a candidate or a list of candidates for elective positions to file an administrative claim in court to cancel the decision of the election commission on the election results in the case where this electoral association and (or) nominated by it as candidates, citizens were deprived of the opportunity to submit to the election commission the documents necessary for registering a candidate or a list of candidates, due to obstruction by an official of the election commission, the criminal prosecution against whom in this fact was terminated on non-exonerating grounds

History of consideration and adoption of the Code

This document is amended by the following documents:

Federal Law of December 2, 2019 N 406-FZ

The changes come into force on December 13, 2019.

See future edition of this document

The text of this document is presented in the edition valid at the time of release of the version of the GARANT system installed on you

Federal Law of July 26, 2019 N 197-FZ

The changes come into force on October 25, 2019.

Federal Law of December 27, 2018 N 562-FZ

The changes come into force on December 28, 2018.

Federal Law of November 28, 2018 N 451-FZ

The changes come into force on October 1, 2019.

Federal Law of July 29, 2018 N 265-FZ

The changes come into force on September 1, 2019.

Federal Law of July 19, 2018 N 213-FZ

The changes come into force on July 30, 2018.

Federal Law of December 28, 2017 N 421-FZ

The changes come into force on January 1, 2018.

Federal Law of December 5, 2017 N 380-FZ

The changes come into force on December 5, 2017.

Federal Law of July 29, 2017 N 274-FZ

The changes come into force on August 10, 2017.

Federal Law of July 29, 2017 N 223-FZ

The changes come into force on August 10, 2017.

Federal Law of May 28, 2017 N 102-FZ

The changes come into force on June 9, 2017.

Federal Law of May 28, 2017 N 101-FZ

The changes come into force on June 9, 2017.

Federal Law of May 1, 2017 N 87-FZ

The changes come into force on July 1, 2017.

Federal Law of March 28, 2017 N 39-FZ

The changes come into force on April 8, 2017.

Federal Law of July 3, 2016 N 303-FZ

The changes come into force on July 4, 2016.

Federal Law of June 28, 2016 N 223-FZ

The changes come into force on June 28, 2016.

Federal Law of June 23, 2016 N 220-FZ

The changes come into force on January 1, 2017.

Federal Law of June 2, 2016 N 169-FZ

The changes come into force on June 2, 2016.

Federal Law of April 5, 2016 N 103-FZ

The changes come into force on May 6, 2016.

Federal Law of February 15, 2016 N 18-FZ

The changes come into force on March 17, 2016.

Federal Law of December 30, 2015 N 425-FZ

The changes come into force on December 30, 2015.

Federal Law of June 29, 2015 N 190-FZ

The changes come into force on September 15, 2015.

New edition of the Code of the Russian Federation on Administrative Offenses with amendments for 2019

The Code of Administrative Offenses (CAO or Federal Law No. 195) is a legal document that lists offenses in certain areas of public relations. These areas are presented in Article 1.2, as well as in the structure of the code.

Who is responsible according to the norms of the Code of Administrative Offences?

The subjects of Federal Law No. 195 are:

This is the fundamental difference between administrative liability and criminal liability. In accordance with the rules of criminal law, only a specific person can be punished. According to the norms of administrative law, organizations are also subject to punishment.

Specific people who have committed unlawful acts in the performance of official duties are held accountable as officials. In this case, the person is held accountable as an individual, but the degree of his guilt is aggravated due to the specifics of his position.

Due to the great significance of the concept of “official,” Article 2.4 of the Code of Administrative Offenses of the Russian Federation contains a detailed description of the characteristics of this entity. These include:

performance of power functions;
power and administrative powers in relation to people who are not officially dependent on this person;
Carrying out chores related to management processes.

The age of responsibility under the Code of Administrative Offenses begins at 16 years of age. This rule is absolute and contains no exceptions.

How and why they are punished

The Code of Administrative Offenses is often compared to the Criminal Code. These documents indeed have many common features. This is especially true for structure. Both codes are divided into two parts. The first is devoted to general provisions within which the concepts of administrative offenses, liability and punishment are revealed. The second part contains a list of offenses by individual categories.

The penalties provided for by the Code of Administrative Offenses are described in Article 3.2. A person convicted of an offense may be punished by:

warnings;
fines;
deprivation of certain rights;
confiscation of instruments and means of committing offenses;
arrest;
suspension of the activities of a legal entity;
ban on attending events or public places;
compulsory work.

The special part of Federal Law No. 195 contains a list of administrative offenses in the following areas:

protecting voters' rights;
provision of state, municipal and educational services;
protection of the rights to health and sanitary and epidemiological safety;
property protection;
environmental safety;
construction and industry;
agricultural production;
travel by different types of transport.

Thus, the Code of Administrative Offenses of the Russian Federation provides for penalties for a whole range of offenses. Similar illegal actions can be considered in the Criminal Code. However, it only provides for liability for actions that pose a great danger to society.

Function of the Code of Administrative Offenses

The word “function” itself is translated from Latin as accomplishment or execution. As a term, this word is used to denote the interdependence of actions when changes in one object invariably lead to changes in another. All laws perform the same function - to ensure a state of society in which every person can realize their constitutional rights.

The specific function of the Code of Administrative Offenses is to ensure the protection of rights that are to one degree or another related to managerial, that is, administrative actions and decisions . It is not for nothing that the standards of this document place great importance on the consideration of cases related to the actions of such entities as officials. For actions related to the implementation of management decisions, two entities are most often responsible - a legal entity and an official.

The Code of the Russian Federation on Administrative Offenses, despite its specifics, is one of the laws that is in demand by the widest segments of the population. It concerns every citizen of Russia, state and municipal organizations, as well as any entrepreneur.

“Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 N 195-FZ (as amended on November 12, 2019)

CODE OF THE RUSSIAN FEDERATION

ABOUT ADMINISTRATIVE OFFENSES

December 20, 2001

December 26, 2001

Judicial practice and legislation - Code of Administrative Offenses of the Russian Federation

4. Code of the Russian Federation on Administrative Offenses (Collection of Legislation of the Russian Federation, 2002, No. 1, Art. 1; 2017, No. 1, Art. 51);

Federal Law of July 18, 1999 N 183-FZ “On Export Control” (Collected Legislation of the Russian Federation, 1999, N 30, Art. 3774; 2002, N 1, Art. 2; 2004, N 27, Art. 2711; 2005, N 30, Art. 3101; 2007, N 49, Art. 6044, 6079; 2009, N 19, Art. 2279; 2011, N 27, Art. 3880; N 30, Art. 4590; N 50, Art. 7351; 2013, No. 51, Article 6692; 2014, No. 30, Article 4260; 2015, No. 29, Article 4342) (hereinafter referred to as Federal Law No. 183-FZ);

1.13. The parties to the Agreement are responsible for avoiding participation in collective negotiations to prepare amendments and additions to this Agreement, failure to provide information necessary for collective negotiations and failure to monitor compliance with this Agreement, violation or failure to fulfill the obligations provided for in this Agreement in accordance with the Code Russian Federation on administrative offenses.

2. Seized biomedical cell products that are material evidence in criminal cases and (or) in cases of administrative offenses are subject to destruction in the manner established, respectively, by the Criminal Procedure Code of the Russian Federation and (or) the Code of Administrative Offenses of the Russian Federation.

On amendments to the Code of the Russian Federation on Administrative Offenses in terms of establishing administrative liability in relation to certification bodies performing work to assess the conformity of quality management systems of organizations engaged in development, production, testing, installation, installation, maintenance, repair, disposal and sales of weapons and military equipment, as well as officials of such organizations for non-compliance of quality management systems with the requirements established by the legislation of the Russian Federation

Officials of the territorial bodies of Rosreestr draw up protocols on administrative offenses in the manner established by the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation), and send them to the court (magistrate) with information about the details of the recipient of the fine in accordance with the regulations of the Ministry Finance of the Russian Federation:

8. Federal Law of December 30, 2001 N 195-FZ “Code of the Russian Federation on Administrative Offences”.

9. Federal Law of March 6, 2006 N 35-FZ “On Countering Terrorism”.

Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Administrative Offenses Code) (Collection of Legislation of the Russian Federation, 2002, No. 1, Art. 1; 2017, No. 11, Art. 1535);

Criminal Code of the Russian Federation (Collection of Legislation of the Russian Federation, 1996, No. 25, Art. 2954; 2017, No. 11, Art. 1542);

7. Code of the Russian Federation on Administrative Offences.

8. Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption”.

9. Federal Law of December 30, 2008 N 307-FZ “On Auditing Activities”.

5. Code of the Russian Federation on Administrative Offences.

6. Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption”.

7. Federal Law of December 30, 2008 N 307-FZ “On Auditing Activities”.

1) Code of the Russian Federation on Administrative Offenses (Collection of Legislation of the Russian Federation, 2002, No. 1, Art. 1; 2017, No. 1, Art. 47) (hereinafter referred to as the Code);

2) Federal Law of March 26, 1998 N 41-FZ “On Precious Metals and Precious Stones” (Collected Legislation of the Russian Federation, 1998, N 13, Art. 1463; 2016, N 27, Art. 4221);

Code of Administrative Offenses of the Russian Federation with comments and amendments for 2018-2019

The Code of the Russian Federation on Administrative Offenses is a regulatory document aimed at protecting human rights and freedoms as specified in the Constitution. This code also establishes general principles, a list of all offenses, bodies considering cases, the procedure for bringing to justice and the procedure for executing decisions in administrative cases.

Administrative offenses are observed in everyday life more often than other types of illegal actions. These include various committed offenses involving violation of public order. If we compare them with crimes of a criminal nature, then the former are subject to less severe sanctions and do not provide for punishment in the form of imprisonment. For each committed act specified in the Code of Administrative Offences, a certain responsibility is provided, it all depends on the type of crime.

This code came into force in mid-2002. Regulates administrative liability for violation of the legal framework, establishes the procedure for the proper execution of decisions on the imposition of punishment, considers the types and measures of coercion related to the Code of Administrative Offenses of the Russian Federation. The main role in the code is given to explaining the protection of the interests of citizens. The main task of this legal document is to control the procedure for bringing citizens to administrative responsibility. The Code of Administrative Offenses regulates the liability of foreign citizens and officials.

The presented Code of Administrative Offenses of the Russian Federation includes articles with detailed scientific comments, which are given in the form of explanations from the decisions of the Plenum of the Supreme Court of Russia. The articles of the code are presented in the latest edition with current changes and amendments as of 2018-2019.

The provisions of the Code of Administrative Offenses are completely based on the principles of the Russian Constitution. This principle is to ensure legality in the execution of administrative offenses, the equality of all citizens before the legal framework. The code also provides for consideration of the presumption of innocence. Consists of five sections, which are divided into chapters and subsections.

Some chapters of the Code of Administrative Offenses deal with offenses in the information and trade spheres, and also regulate environmental offenses. In order to guarantee the protection of injured citizens, a procedural section has been developed in detail. Also, the Code of Administrative Offenses of the Russian Federation discusses the correct procedure for providing legal assistance to a person who is brought to administrative responsibility.

Interests can be represented by a lawyer or any other person who legally provides legal assistance. Defending persons are allowed to participate in the case from the moment the proceedings in a particular proceeding begin. After familiarizing themselves with the case, they have the right to present evidence, file complaints against decisions and participate in the consideration of cases. The decision on an administrative offense can be appealed to higher courts.

Code of Administrative Procedure of Russia 2019

The Code of Administrative Procedure is one of the youngest codified documents in Russia. It was adopted in 2015. The main function of the code is to regulate the relationships of persons involved in the legal process in cases of an administrative nature .

Objectives and principles

The action of the CAS of the Russian Federation applies to all categories of administrative cases and extends to courts of general jurisdiction, as well as to subsequent instances - appellate, cassation and supervisory authorities (Article 2). Since administrative cases are distinguished by a variety of topics and situations, the code allows for the consideration of cases not provided for by the norms of this code according to the principles of the analogy of law and law.

By regulating relationships in the field of administrative proceedings, the code solves the problems (Article 3):

ensuring transparency and accessibility of trials in the field of administrative offenses;
protection of violated rights of individuals and legal entities;
prevention of offenses in the field of administrative proceedings.

In terms of the basic principles of legal proceedings, the CAS does not contain significant differences from other codes that regulate judicial processes and related phenomena in other areas of law. In administrative proceedings the following are declared (Article 6):

universal equality before the law;
independence of judges;
publicity;
justice;
legality;
equality;
competitiveness;
reasonable time limits for consideration of cases.

All persons whose interests are affected by the actions or inactions of government bodies and officials in the area of Russian jurisdiction have the right to appeal to the court in administrative cases. At the same time, citizens of Russia, foreigners, and stateless people enjoy equal rights.

Main blocks of the code

All standards of the code can be divided into several blocks, connected by a single logical chain of ensuring the tasks and principles of legal proceedings.

Fundamentals of legal proceedings in the field of administrative law. This block is a declaration and decoding of the subject, objectives and principles of the code.
Categories of cases considered by courts of different hierarchical positions. The CAS of the Russian Federation contains descriptions of the characteristics of cases that can be considered by magistrates, military, district, and supreme courts. In addition, the consideration of cases involving foreign persons, in several interrelated claims, under exclusive jurisdiction is regulated.
Court and trial. This extensive block combines the rules and norms common to courts of all instances for forming the composition of the court, conducting the process itself, and determining the rights and obligations of participants.
Proceedings for certain categories of cases. The fourth section of the code is devoted to this topic. Such cases include challenging legally significant documents, cadastral value of real estate, termination of the activities of a political party, etc.
Execution of decisions made by courts of various instances. This block includes a list of actions from issuing a writ of execution to turning the execution.

These blocks contain standards characteristic of all federal laws regulating the legal process. In addition, each code of this type was created in order to determine the specifics of a certain area of legal regulation.

Specific categories of cases

Despite the fact that administrative law regulates relationships in the field of management activities, the thematic range of cases under consideration is extensive.

In accordance with the provisions of Article 208, every legal entity or individual has the right to file a claim to fully or partially challenge the decision of government authorities. In addition, election commissions, public organizations, prosecutors, heads of executive bodies of state or municipal authorities, the Government and the President of the Russian Federation have this right. The only exceptions are decisions that must be appealed to the constitutional courts. Counterclaims are not allowed in this case.

Article 239 regulates the procedure for going to court in case of violation of electoral rights. Anyone listed in Art. 208 subjects of law. A claim filed on behalf of deputies of a legislative body can be accepted only if the number of applicants represents the opinion of at least one third of all members of this body.

Since the cadastre system is part of public administration, challenging the decisions of this body is within the scope of authority of the courts considering administrative cases. Most often, the cadastral value of an object is appealed. Claims of this kind are accepted from any individuals and legal entities, including government bodies (Article 245 of the CAS RF).

Two chapters of the code (30 and 31) are devoted to the problems of forced hospitalization of people in psychiatric and anti-tuberculosis clinics. The decision on compulsory treatment in special institutions can be made on the basis of an examination already carried out and a diagnosis made. If the diagnosis has not been made or is in doubt, the court first makes a decision on a medical examination of the person. Within the framework of administrative proceedings, cases of mentally ill people who have committed crimes are not considered (Article 274).

As for compulsory treatment of people suffering from contagious forms of tuberculosis, a court decision is necessary for situations of malicious evasion of treatment. Article 281 contains all the requirements for this category of cases. In this case, only representatives of the anti-tuberculosis medical institution in which the person is registered can file a claim.

Completion of the trial

For the most part, they are subject to execution only after they enter into legal force (Article 352 of the CAS of Russia). This code describes a flexible system of deadlines for the implementation of writs of execution. It can be issued (Article 356):

within three years from the date of entry into force;
from the first working day after the decision is made;
for three months in case of restoration of missed deadlines;
from the date of renewal of the writ of execution in case of postponement or suspension of execution;
from the moment the sheet is renewed in case the document is returned to the court due to the impossibility of its execution.

Actions or inactions of bailiffs can be challenged (Article 360). In case of cancellation of the judicial act on which the enforcement action was issued, the execution is reversed, that is, the return of all recovered property to the person (Article 361).

Thus, the Code of Administrative Procedure regulates a whole range of actions related to trials for administrative offenses . Moreover, its effect is not limited only to the actual consideration of cases in court. Since the execution of a court decision is the responsibility of the judge, the code also determines the procedure for bringing legal proceedings to their logical conclusion.