How to correctly draw up a protocol on an administrative offense

Article 28.2. Protocol on administrative offense

1. Analysis of the rules of Parts 1 and 2 of Art. 28.2 allows us to draw a number of conclusions:

1) a protocol is drawn up about an administrative offense (as a general rule). The following cases are exceptions:

a) the case of an administrative offense was initiated by the prosecutor (the latter makes a decision within the time limits provided for in Article 28.5, see commentary to Articles 28.4, 28.5);

b) the law allows for the imposition of an administrative penalty without drawing up a protocol (for example, when a warning or an administrative fine is imposed for committing an administrative offense, the amount of which does not exceed 100 (in case of violation of customs rules - 1000) rubles. In addition, from 01.02.08 (after the entry into force due to the amendments made to the Code of Administrative Offenses by Law No. 225 dated October 2, 2007), a protocol is not drawn up in cases of administrative offenses provided for in parts 1 and 3 of Article 17.14 and Article 17.15, as well as in cases specified in Part 3 of Article 28.6 ( about this, see the commentary to Articles 28.6, 29.10);

2) information listed in Part 2 of Art. 28.2, must be indicated in the protocol on the administrative offense. In the absence of at least one of them, the protocol (as a procedural document) is devalued);

3) other information may be indicated in the protocol:

a) directly provided for by law (for example, on delivery, see commentary to Article 27.2);

b) although not provided for by law, they do not contradict it and contribute to the correct and timely resolution of the case.

2. Applying the rules of parts 3-6 of Art. 28.2, you need to pay attention to the following circumstances:

1) an individual (personally or his representative authorized by a power of attorney, for example, a defense attorney), as well as a legal representative of a legal entity (see commentary to Article 25.4), in respect of whom a case of an administrative offense has been initiated, must be given the opportunity to become familiar with ( if necessary, with the help of an interpreter, see the commentary on this to Articles 24.2, 25.10) with the protocol on the administrative offense. These persons have the right to submit explanations and comments on the contents of the protocol (they are attached to the protocol if signed by the person who made these comments);

2) the protocol on the administrative offense must also contain a record that all participants in the proceedings have been explained their rights and obligations. The said entry must be certified by the signatures of each participant;

3) the protocol on an administrative offense is signed by the persons specified in Part 5 of Art. 28.2. If an individual, a legal representative of a legal entity, against whom a case of an administrative offense has been initiated, refuses to sign the protocol, the official (who compiled the protocol) makes an entry about this in the protocol and certifies it with his signature;

4) a copy of the protocol on the administrative offense (made and certified by the official who delivered it) is handed over to:

a) an individual (legal representative of a legal entity) against whom a case of administrative offense has been initiated;

b) the victim (see commentary to Article 25.2);

c) if the mentioned persons (at least verbally) asked for such a copy. The fact that a copy of the protocol on the administrative offense was handed over to the mentioned persons is recorded in the protocol on the administrative offense, and the copy itself is handed over to the mentioned persons against receipt;

5) normative acts of federal executive authorities on drawing up a protocol on an administrative offense (for example, order of the Federal Archive of February 18, 2002 N 18) are applied insofar as they do not contradict the rules of Art. 28.2, as well as Art. 28.3, 28.5, 28.8, 29.5 (see commentary to them);

6) in case of failure to appear (despite the fact that they have been duly notified) of the person (or his legal representative) in respect of whom proceedings are being conducted for an administrative offense, it is allowed to draw up a protocol in the absence of such a person. In this case, the person (in respect of whom the protocol was drawn up) must be sent (for example, by mail, by courier, etc.) a copy of the protocol within three days (this period begins from the day following the day the protocol was drawn up). It should be borne in mind that Part 4.1 was introduced into Art. 28.2 by Law No. 210 of July 24, 2007 and came into force on August 11, 2007;

7) about the failure of the above-mentioned persons to appear, an entry about this must be made in the protocol (and this provision came into force on 08/11/07).

3. The Supreme Court of the Russian Federation explained (in paragraphs 4, 5 of post. No. 5) that:

a) a significant drawback of the protocol is the lack of data directly listed in Part 2 of Art. 28.2, and other information depending on its significance for the given case (for example, there is no information about whether the person against whom the case of an administrative offense has been initiated speaks the language in which the proceedings are being conducted);

b) Those shortcomings of the protocol that can be corrected when considering the case on the merits, as well as violations established in Art. 28.5 and 28.8 deadlines for drawing up the protocol and sending it to the judge;

c) when checking the authority of an official to draw up a protocol, one should take into account the provisions of Art. 28.3, as well as regulations of the relevant executive authorities;

d) when returning the protocol to the judge (based on Part 4 of Article 29.4), it is necessary to make a reasoned decision about this.

In addition, the Supreme Court believes that:

- if an administrative suspension of activities can be imposed, then the protocol must indicate the threat of harm or harm caused to protected public legal relations, and how this is confirmed (clause 8 of the Review dated 03.25.09);

- the circumstances that served as the basis for sending the driver for a medical examination for intoxication must be indicated in the protocol on sending for a medical examination for intoxication (Part 4 of Article 27.12) and in the protocol on an administrative offense, as relating to the event of the administrative offense (p 8 Post. No. 18);

- part 2 art. 28.2 establishes that the protocol on the accident also indicates other information (in addition to those listed in Article 28.2 itself - A.G.) necessary to resolve the case (clause 9 of the Review dated 05.28.08).

4. In turn, YOU addressed (in paragraph 17 of post. No. 2) explained the following features of the application of Art. 28.2:

1) art. 28.2 provides a number of guarantees for the protection of the rights of persons against whom a case of an administrative offense has been initiated;

2) the court must verify compliance with the provisions of Art. 28.2 aimed at protecting these rights;

3) violation of these rights may be grounds for refusing to satisfy the authority’s request for administrative liability (under Part 2 of Article 206 of the APC), or for declaring the contested decision illegal and canceling it (under Part 2 of Article 211 of the APC).

5. On the practice of applying Art. 28.2 by courts, see also paragraph 11 of the Post. from 21.11.05.

The procedure for drawing up a protocol on an administrative offense

Who has authority

If the protocol was drawn up by a person who does not have sufficient authority to do this, then the document is simply recognized as invalid - it is recommended that the violator himself monitor this moment, since in the future it may become decisive when making a court decision.

But, any law enforcement officer, when identifying the fact of an offense, can record it in a report, which will subsequently be transferred to persons with sufficient authority.

Who exactly will deal with the matter largely depends on the characteristics of the situation.

In case of non-compliance with traffic rules, the traffic police inspector, who is usually present at each post, is responsible for drawing up the document.

Procedure and rules for registration in 2019

Every year brings new adjustments to procedural norms, so it is important to know the requirements for procedures and registration rules that are relevant in 2019.

The following are considered sufficient reasons by law:

identification by authorized persons of facts of non-compliance with the law;
receipt of information from law enforcement agencies, government services and public institutions confirming the commission of an offense;
registration of a situation where the provisions of the legislative system are ignored on road sections using photo and video recording equipment.

Corresponding messages from ordinary citizens, which contain an indication of a violation, can be used as a basis.

It is not uncommon for vehicle owners to receive notification of a protocol for an offense committed in a region different from their region of residence.

Unable to stay for a long period in the subject of the Russian Federation where the document was drawn up, the violator can petition to transfer the consideration of the case to his place of residence - authorized persons have no right to refuse him this.

The presence of witnesses when drawing up the protocol is not mandatory. But the offender may insist on this.

In this case, the number of witnesses must be at least two. The document indicates their personal information and comments (if any).

Any adult who is not interested in the outcome of the case can act as a witness.

Notice (notice)

The notification procedure is specified in Art. 25.15. Code of Administrative Offenses of the Russian Federation.

According to this article, notification must be sent to persons participating in the case of an administrative offense within the established time frame using:

summons with notification of delivery;
registered letter with return receipt requested;
telegrams;
telephone messages;
other options that ensure the possibility of recording the fact that the offender received a notice.

If the participant in the process proves the fact that there was no notification, all claims from the responsible structures against the citizen can be withdrawn.

Rules for bringing to responsibility

Not all persons ensure compliance with established standards, so it is important for a citizen to know them - only this will help to fully protect their own rights and interests.

In the absence of a face

In the absence of a person who has been identified as having committed an administrative offense, the law allows for the drawing up of a protocol.

A copy of the document must be sent to the violator within three days from the date of registration.

Now this is especially relevant, given the increasing spread of automatic photo and video recording tools.

What next after a violation has been identified?

When establishing the fact of an offense, there may be several options for further events:

the violator has no claims to the content, he bears the due responsibility;
the violator has claims, additional measures are taken, the issue is resolved either by a special commission or in court;
the court decided to impose a punishment, but the offender does not agree with the decision, an appeal is made to higher authorities with additional measures being taken.

In many ways, the development of the situation depends on individual circumstances - the presence of aggravating or mitigating positions can become an element that significantly influences the final result of the case.

Time is a key factor in ensuring compliance with the law - ignoring the established periods gives the offender the right to avoid punishment.

Article 28.5

Art. 28.5 of the Code of Administrative Offenses of the Russian Federation specifies the deadlines for drawing up:

The latter position is further discussed in Art. 27.7 Code of Administrative Offenses of the Russian Federation.

Immediate

A protocol must be drawn up immediately if the official has all the information and materials that confirm the fact that an offense has been committed and can be used to prove the real situation.

When it takes time

The execution of the document may be delayed for up to 2 days if there is a need to clarify information of this nature:

mitigating, aggravating circumstances or positions confirming the minor significance of the violation;
personal information about the offender (individual): passport details, full name, place of work, position, place of registration and actual residence, marital status, presence of dependents, etc.;
personal information about the violator (legal entity): TIN, OKPO, name of the institution, actual and legal address.

The established period is determined by the time spent on sending requests to authorized structures to clarify the above positions.

Preliminary investigation of the circumstances

The preparation period can be extended to 6 months if there is a need to implement the preliminary investigation procedure.

To do this, an application for extension of the standard period is submitted.

Sample document

Contents of the administrative violation protocol:

date and place of compilation;
personal information of the authorized person responsible for registration;
personal information of the guilty citizen;
personal information of witnesses;
a brief but informative description of the administrative offense;
articles of law under which the perpetrator can be held accountable;
explanations of the culprit;
inventory of materials;
a note on clarification of rights and issuance of copies;
signatures of the parties.

As a standard, each authorized employee has a form with the relevant items, so there should be no problems with registration.

Signing procedure and delivery

The protocol must contain the signatures of two persons: the originator and the culprit.

After this, a copy of the document is handed over to the offender and the victim against receipt.

Neither lawyers, lawyers, nor representatives of the party that ignored the law can exercise the right to receive a copy.

Requirements

When registering, all criteria of the Code of Administrative Offenses of the Russian Federation must be met. Primary requirements:

compliance with procedural norms (clarification of rights, adherence to deadlines, admission of witnesses and witnesses);
absence of marks that make it impossible to read the contents of the document;
absence of errors in the personal information of the parties and witnesses.

Every authorized employee is required to know them. It will not be superfluous for ordinary citizens to have up-to-date information.

When applying, deadlines are important.

If they were not complied with by authorized persons, the citizen can avoid imposing punishment, since there was a violation of the procedural order established by law.

Filing a complaint

The key responsibility of the prosecutor's office is to provide supervision over the activities of law enforcement agencies, including the traffic police, courts and police.

A complaint about the incorrect preparation of a protocol on an administrative violation must be sent to this body as soon as possible - before the case materials are transferred to the court.

If there is no response, and the summons has already been received, then at the meeting you will need to re-express your claim, clarifying the lack of response from the prosecutor’s office.

Only written statements are taken into account - oral requests will not bring any results.

For example, if registration took place in the absence of the culprit, then this moment is recognized as a clear violation of the legal rights of the citizen.

Errors that do not prevent further consideration of the case are not taken into account. That is, spelling errors cannot be considered significant.

Exceptions: writing the citizen's last name and first name.

Time of limitation

In case of violation of traffic rules, the time period increases to 12 months.

Initiation of a case

The case is considered open if:

a protocol was drawn up at the scene of the incident;
an act was drawn up on the need to apply cases for this offense;
the prosecutor's office issued a decision to initiate a case on the fact of non-compliance with the law;
the determination of discovery has been clarified to take into account the need for additional investigative measures.

If, after providing all supporting materials, the initiation of a case was refused, the authorized person must justify his decision in writing, sending it to the applicant.

Appealing a court decision

If you disagree with the results of the court’s consideration of the fact of violation of the provisions of the administrative code, you can file a claim with a higher authority.

In order not to waste time, the complaint should be supported by sufficient grounds. You can request a sample from any court.

Protocol and resolution of the traffic police on an administrative offense - differences, order, procedure and deadlines for appealing in court

More than half of all drivers have at least once encountered the process of drawing up a protocol. If you belong to the minority who have missed this fate, then be on alert - sooner or later, it will still affect you. But in order for you not to fall flat on your face, I suggest you read this article. In it we will tell you how a protocol should be drawn up correctly, what information it should contain, how it differs from a resolution, and much more.

How does a protocol differ from a traffic police resolution?

A protocol is a procedural document that is drawn up in the presence of some event or an administrative offense. We are enclosing for your review a sample protocol on an administrative offense of the traffic police.[protocol]

It is filled out by the inspector who detected a violation of traffic rules in your actions. However, it is worth noting that the drawn up protocol does not mean that your guilt has been proven, since when drawing up a protocol on an administrative offense, the inspector may commit gross procedural violations that will lead to the termination of the case. That is, the drawn up protocol is the beginning of your struggle with the inspector, namely preparation for the consideration of your case.

The grounds for drawing up a protocol on an administrative offense are:

identification of an administrative offense, if the consideration of the case of this administrative offense is not within the competence of the employee;
challenging by the person against whom the case has been initiated the existence of an administrative offense and (or) the administrative punishment imposed on him;
identification of an administrative offense committed by a minor who has reached the age of sixteen;
identification of an administrative offense that does not entail a warning, committed by a sergeant, sergeant major, soldier, sailor undergoing military service on conscription, or a cadet of a military educational institution of vocational education before concluding a contract with him for military service.
If these grounds exist, it should be taken into account that a protocol on an administrative offense can be drawn up within two days from the moment the administrative offense is detected if additional clarification of the circumstances of the case or information about the person against whom the administrative offense case is being initiated is required.
When making a determination to initiate a case of an administrative offense and conduct an administrative investigation (paragraphs 202 - 204 of these Administrative Regulations), a protocol on the administrative offense is drawn up at the end of the administrative investigation.
(as amended by Order of the Ministry of Internal Affairs of Russia dated August 13, 2012 N 780) The protocol on an administrative offense, drawn up after the imposition of an administrative penalty, contested by the person against whom the case of an administrative offense was initiated, is attached to the relevant resolution (clause 121 of these Administrative Regulations), which may be appealed in the manner prescribed by Chapter 30 of the Code. (paragraph introduced by Order of the Ministry of Internal Affairs of Russia dated August 13, 2012 N 780)

Paragraph 109 of the Order of the Ministry of Internal Affairs of March 2, 2009 No. 185

But there are also exceptions, which are specified in Part 1 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation.

A protocol is drawn up on the commission of an administrative offense, except for the cases provided for in Article 28.4, parts 1 and 3 of Article 28.6 of this Code. (as amended by Federal Laws dated July 24, 2007 N 210-FZ, dated July 18, 2011 N 225-FZ)

Part 1 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation

It also happens that the protocol was drawn up with significant errors. For example, if the inspector did not indicate the article under which the administrative offense was committed, then such a protocol is declared invalid and the person is relieved of all responsibility in this case. It should also be noted that absolutely all witnesses must be indicated in the protocol, even taking into account that the column in the form will not be enough for this.

The resolution is the result of consideration of the administrative protocol. You can familiarize yourself with it by looking at a sample traffic police resolution in a case of an administrative offense. [decree]

If the violation was minor, then it can be made “on the spot”; in case of gross violations, a decision is made by the court, and it can be either against you or in your favor.

Traffic police protocol on administrative offense

Good afternoon, dear reader.

A protocol on an administrative offense is a procedural document that can be drawn up by a traffic police officer when a violation of traffic rules is detected.

Compared to a resolution on an administrative offense, a protocol is a more complex document.

In this article you will learn:

In what cases is a protocol on an administrative offense drawn up?

142. The grounds for drawing up a protocol on an administrative offense are:

identification of an administrative offense if the consideration of a case regarding this administrative offense is not within the competence of the employee;
challenge by a person against whom, in accordance with Part 1 of Article 28.6 of the Code, a case of an administrative offense has been initiated, the existence of an event of an administrative offense and (or) an administrative punishment imposed on him or refusal of the corresponding signature in the resolution on the case of an administrative offense;
identification of an administrative offense committed by a minor who has reached the age of sixteen;
identification of an administrative offense that does not entail a warning, committed by a sergeant, sergeant major, soldier, sailor undergoing military service on conscription, or a cadet of a military educational institution of vocational education before concluding a contract with him for military service.

The protocol must be drawn up in the following cases:

1. If the case of violation of traffic rules cannot be examined by a police officer. For example, cases of violations involving deprivation of rights are considered only by judges. Accordingly, they require the mandatory preparation of a protocol.

2. The driver does not agree with the traffic violation. This is another popular situation. If the driver does not agree with the inspector, then instead of the decision (or together with it) a protocol is drawn up.

An important difference between a protocol and a resolution is the presence of the field “explanation of the person against whom the case was initiated.” In the protocol you can indicate your own vision of the situation. In this case, you need to use links to paragraphs of traffic rules and other regulatory legal documents.

Since the final decision to impose punishment will be made on the basis of the protocol, you must carefully fill out the “explanation of the person” field.

3. Violation of traffic rules by minors. This is possible, for example, when driving vehicles of category M or subcategory A1.

4. If the violation was committed by a sergeant, sergeant major, soldier, sailor, cadet.

The procedure for drawing up a protocol on an administrative offense

The protocol on an administrative offense must contain the following data (Article 28.2 of the Code of Administrative Offences):

2. The protocol on an administrative offense shall indicate the date and place of its preparation, the position, surname and initials of the person who compiled the protocol, information about the person against whom the case of an administrative offense has been 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, an explanation of the individual or legal representative of the legal entity against whom the case was initiated, other information, necessary to resolve the case.

The protocol must indicate:

Date and place of compilation.
Traffic police officer details.
Driver details.
Data from witnesses and victims.
Place and time of traffic violation.
The event of an administrative offense and the article of the normative document providing for liability.
Driver's explanation.

The text of the protocol is filled in by the traffic police officer (except for the “driver’s explanation” field). After drawing up the document, the driver should have the opportunity to familiarize himself with it:

4. An individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on the administrative offense. These persons have the right to submit explanations and comments on the contents of the protocol, which are attached to the protocol.

In addition, the driver can supplement the protocol with his own comments, which must be attached. Please note that if any fields or lines are left blank in the protocol, then put dashes in them. This will protect you from entering data into the document that is not in your favor.

After completing the protocol, it must be signed by the driver and the traffic police officer.

Note. The driver must fill out the explanation field and then sign the protocol . For some reason, in practice, many drivers refuse to sign the document. I don't know what they are thinking about at this moment. However, the absence of even a basic explanation leads to the fact that the matter is not decided in their favor.

If the driver refuses to sign the protocol, a corresponding note is made in the document. This does not make the protocol invalid. There is simply no explanation or signature from the driver.

After drawing up the document, the driver receives a copy of it (Article 28.2 of the Administrative Code):

6. The individual or legal representative of the legal entity against whom a case of an administrative offense has been initiated, as well as the victim, is given a copy of the protocol on the administrative offense against signature.

Deadline for drawing up a protocol on an administrative offense

The deadline for drawing up the protocol is regulated by Article 28.5 of the Code of Administrative Offenses:

1. A protocol on an administrative offense is drawn up immediately after the discovery of an administrative offense.

2. If additional clarification of the circumstances of the case or information about an individual or information about a legal entity is required in respect of which a case of an administrative offense is being initiated, a protocol on the administrative offense is drawn up within two days from the moment the administrative offense is discovered.

3. In the case of an administrative investigation, a protocol on an administrative offense is drawn up upon completion of the investigation within the time limits provided for in Article 28.7 of this Code.

In practice, when violating traffic rules, the first paragraph of the article is usually used, i.e. the protocol is drawn up immediately . However, if necessary, the preparation may be delayed.

Appealing a protocol on an administrative offense

Drawing up a protocol on an administrative offense initially provides for the possibility of appealing it.

However, if you are going to appeal the document, get down to business right away:

First , collect evidence of your own innocence. Make audio and video recordings of your communication with the traffic police officer. Take photographs of the location of the violation, including road infrastructure (signs, markings), your car, the traffic police vehicle and other important details. You can learn more about collecting evidence by listening to the audio course “Secrets of communication with the traffic police.”

Secondly , fill out the “Driver Explanations” field. First of all, write the phrase “I disagree” in it. After that, write down how things really were. Finally, write that you have photographs, audio and video recordings from the scene.

In addition, do not forget to cross out empty spaces in the protocol to prevent unauthorized addition of information.

Thirdly , prepare for an investigation by the traffic police (or court). Analyze the situation carefully again. Print out the clauses of the regulatory documents related to it. Check the correctness of the protocol and look for possible filling errors.

If you feel that it will not be possible to appeal the protocol on your own, then seek help from a competent lawyer or describe the situation on the pddclub.ru forum. Perhaps experienced people will be able to pay attention to those points that were missed by the driver.

In conclusion, I would like to note that the protocol is not so difficult to challenge. The main thing is to be prepared for such a development of events and promptly begin collecting evidence in your defense.

What is the procedure for drawing up a protocol on an administrative violation?

A protocol on an administrative violation is a document drawn up by an authorized official, which reflects the event of a violation of the law (offence). What a document is, what information it should contain and how it should be compiled will be discussed in this article.

Protocol on administrative offense

At the legislative level, the protocol on an administrative offense is mentioned in Article 28.2 of the Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ, which reveals the main essence and uniform rules for drawing up this document. The protocol on an administrative offense requires clarification and inclusion of the following information.

Day, month, year and locality of compilation.
Job title, surname, initials of the authorized employee who compiled the document.
Data about a person or organization that is violating the law (last name, initials, passport details, residential address and registration of the person; legal address, data on the director in relation to the organization).
Information about victims and witnesses in the case, if any (last names, initials, passport details, residential addresses).
Information about the offense committed (date, place of commission, essence of what happened).
Link to the article of the law that was violated.
Explanations of a person or representative of an organization on the case.
Other information designed to help comprehensively consider the case.

Writing a protocol on administrative offenses involves providing explanations to an individual or representative of an organization about the rights and obligations of the violator established by administrative legislation. A record of the clarifications received is made in the document being drawn up.

The persons in respect of whom the protocol is drawn up (citizen or authorized representative of the organization) must be familiar with it. If desired, these people can leave a record of their disagreement with the protocol or an explanation of the essence of the text, which is attached to the protocol. The specified document is certified by affixing signatures by the authorized employee who compiled the protocol and the violator (citizen or trusted employee of the organization) in respect of whom the protocol was drawn up. If violators refuse to sign the protocol, this is separately recorded in the document.

The second copy of the protocol on an administrative offense is issued to the person about whom the protocol was drawn up. The person involved signs for receipt of the copy. The victim in the case, if any, also receives a copy. If the person in respect of whom the protocol is drawn up is not present at this event, a copy of the protocol is sent to him by mail. The law allocates 3 days for this.

Deadline for drawing up a protocol on an administrative offense

The time frame for drawing up a protocol on an administrative offense can be divided into 3 groups, depending on the situation. A protocol on an administrative offense can be drawn up:

immediately;
within 2 days;
after an administrative investigation.

Immediately, that is, at the moment a violation of the law is detected, a protocol is written when all the necessary information to fill out the protocol form and clarify the circumstances of the incident has been established. If you need to find out some more information, the law provides for the possibility of drawing up a protocol within 2 days from the date of the established violation. If, due to a violation of the law, an investigation is necessary, then a protocol is drawn up after the investigation.

An administrative investigation is carried out when information can only be obtained through examinations or other procedural actions that take considerable time. An administrative investigation in most cases should not last longer than 1 month. However, in some situations, the possibility of which is specified in paragraph 5 of Art. 28.7 of the Code of Administrative Offenses of the Russian Federation, this period may be extended. If the violation committed requires a longer administrative investigation, the permitted period for drawing up a protocol on the administrative offense may increase to 6 months.

Sample of drawing up a protocol on an administrative offense

There is no single form of protocol on administrative offenses approved by law. Each government agency, with its internal documents, approves the protocol form used in its work. However, in terms of content and appearance, these forms are not much different.

At the top center of the page is the name of the document - “Protocol on an Administrative Offence” and the sign “No”, which requires affixing a serial number when filling out the protocol. Below on the left you need to write the date, month, year of filling out the protocol, and on the right - the place of compilation, that is, the name of the locality where a violation of the law was detected and the protocol was drawn up.

Next, information about the employee drawing up the protocol is recorded (position, surname and initials), as well as information about the person involved. Moreover, if information about a citizen is recorded, then they indicate not only the last name, initials and passport data, but also the address - both registration and actual residence, telephone number, work information. In relation to the organization, the name, legal and postal addresses, the main state registration number (OGRN), as well as the position, surname, initials, details of the document appointing a representative of the legal entity are indicated. As a rule, this role is played by the director, and the document is an order of appointment.

The main place of the protocol on an administrative offense is reserved for the description of the event of the offense committed. Below are empty columns that allow you to write down information about witnesses and victims. The protocol ends with the signature of the offender and a signature with a transcript of the employee who completed the protocol. The person in respect of whom the protocol was drawn up also confirms with his signatures that his rights and obligations were announced, that he has read the protocol and that he has received a copy of the document. Information about receipt of a copy of the protocol is certified not only by a signature, but also by affixing the date of delivery.

Errors in the protocol on an administrative offense

Errors made in the protocol on an administrative offense during registration, according to their significance, can be divided into significant and insignificant. In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offenses,” a significant flaw in the document is the absence in the protocol of the information mentioned in Art. 28.2 part 2 of the Code of Administrative Offenses (clause 4 of the Resolution). This means that in the protocol on an administrative offense all columns must be filled out and all the information mentioned above must be recorded.

If the protocol was drawn up in the presence of the violator, then there must be signatures confirming the articulation of rights and obligations, familiarization with the protocol after registration. If the document was drawn up without the violator and there are not sufficient facts about informing him about the date and place of drawing up the protocol, then this will be a significant violation of procedural rights and may lead to the cancellation of the protocol and termination of the proceedings. In general, any error in the protocol, which, in the opinion of the Plenum of the Supreme Court of the Russian Federation, is significant, may lead to the cancellation of the protocol and termination of the proceedings.

IMPORTANT! Any corrections in the protocol, especially in the information listed in Art. 28.2 part 2 of the Code of Administrative Offences, must be certified by the signature of the official drawing up the protocol and the signature of the violator, certifying that he is familiar with these corrections and agrees.

The plenum considers minor errors in the protocol to be all those deficiencies in information that can be compensated for in the process of considering the case on the merits. Minor shortcomings, and this is specifically mentioned in the resolution, also include filling out the protocol in the absence of the offender, if he was duly informed of the date and place of drawing up the protocol, but he did not appear at the appointed place at the specified time for no reason or for an unexcused reason. Spelling errors in the text of the protocol are not significant and do not have consequences, unless, of course, they are errors in surnames.

Imposing punishment without drawing up a protocol on an administrative offense

In some situations, drawing up a protocol on an administrative offense may not happen. If a violation is recorded that does not pose a great public danger and for which punishment is provided in the form of a warning or a fine, then a protocol is not needed.

In accordance with Art. 28.6 of the Administrative Code, drawing up a protocol is not required if a fine or warning is immediately imposed on the spot. This situation requires the issuance of a resolution in a case of an administrative offense, a copy of which is also received by the offender - in person or by mail, if he refuses personal receipt.

But if the violator does not agree with the decision made (with the violation of the law itself or with the penalty applied to it), a protocol on the administrative offense is nevertheless drawn up and attached to the decision.