An administrative violation report was issued, what next?

A protocol was issued, what next?

An administrative violation report was issued, what next?

A ruling in a case of an administrative offense is a procedural document that is drawn up based on the results of the consideration of the case. By resolution, a person is either brought to administrative responsibility (for example, in the form of a fine for violating traffic rules) or released from it (if there is no corpus delicti of an administrative offense).

A protocol was issued, what next?

In accordance with Art. 32.3 of the Code of Administrative Offenses of the Russian Federation, if an administrative fine is levied at the place where a person committed an administrative offense, such person is issued a decree-receipt, which indicates the date of its issue, position, surname, initials of the official who imposed the administrative penalty, information about the person brought to administrative punishment liability, an article of the code providing for administrative liability, as well as the time and place of the administrative offense, the amount of the fine collected.

Arteor › Blog › How to draw up a PROTOCOL correctly if you don’t agree with the violation

Never write anything under the dictation of a traffic police inspector. If you are confused and don’t know what to write, it’s better to simply write with a violation, I do not agree, I did not violate the traffic rules. Later, when you comprehend what is happening, you will have time to consult with knowledgeable people.

A protocol has been drawn up

A. I had the same bullshit for the same (sort of) violation. I also wrote in the protocol that I did not agree and even asked Link to entry: What to do with the papers? o_o, what should I do now. I didn’t receive any paperwork and two years later I was able to deregister the car without any problems - no one remembered about the fine.

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

Corrections (additions) made to other procedural documents must be specified and certified by the signature of the employee who compiled the procedural document. The relevant participants in the proceedings on an administrative offense must be familiarized with the corrections (additions) against signature, and if this is not possible, a copy of the corrected (added) procedural document is sent to them within three days from the date the correction (addition) was made. If these persons refuse to sign, a corresponding entry is made in the procedural document. (clause 36 as amended by Order of the Ministry of Internal Affairs of Russia dated August 13, 2012 N 780)

How does a protocol differ from a traffic police resolution?

The document is signed by the official who compiled it and the detained driver. If the motorist refuses to sign it, it is necessary to make an appropriate entry in the protocol. A copy of the protocol must be given to the motorist (at his request).

IDPS issued a protocol, what next?

If you do not agree (or if the IDPS persists, or if you are a persistent offender), the case can be sent to a magistrate for consideration, who will assign a minimum fine and payment details. If you are a persistent offender, and if the article provides for deprivation, then the judge may deprive you.

A protocol was issued, what next?

In fact, this is the recognition of the driver as guilty of violating traffic rules and the imposition of punishment. For the driver who has received the decision, I will provide a link only to appeal this decision of the traffic police within the allotted time or pay a fine. Article of the Civil Code of the Russian Federation For example, an inspector stops you on the road and says that you have committed some minor traffic violation, for which you face liability in the form of a warning or a fine, not wearing a seat belt, speeding, etc.

A protocol was issued, what next?

Almost any offense on the road is an administrative offense - unless it causes damage to the health and property of other road users. In theory, all traffic violations fall under the administrative code, and therefore I propose to discuss one interesting article by the administrator. code:

A protocol was issued, what next?

I exceeded it, driving 100 km/h (on a cruise), but they showed me 114 on a hairdryer (Berkut) wrapped in electrical tape. In response to my remark that the speed was not mine, I was “sent to the garden” with the words that they were so smart. The result is a protocol indicating that I was driving 114 and exceeding the speed limit.

A protocol was issued, what next?

“I don’t need evidence” - the Kyiv police issued a report on a Road Control activist (VIDEO) August 25, 2015 - 19:02 A Road Control activist published a video recording of how the Kyiv police drew up an administrative report “for driving through a red light.” According to the video, the DK activist drove through a yellow traffic light.

A protocol was issued, what next?

4 Released from liability for an administrative offense. (You don’t have to worry and move on with your life. UDP employees DO NOT have the right to take actions to attract someone to the police - they do not have the right to take away your license, for example, or to take a parking ticket to a fine, ideally (for you and me) they are excluded from the database altogether)

What to do if the traffic police officer has issued an administrative violation report against you

Situation: you were stopped, a report on an administrative violation was drawn up (violated - not violated - it doesn’t matter, that’s a topic for another conversation). You enter the following entry in the protocol: “I do not agree with the charge of committing an administrative offense, I ask you to provide a lawyer free of charge .”

A protocol was issued, what next?

For example, an inspector stops you on the road and says that you have committed some minor traffic violation, for which you face liability in the form of a warning or a fine (not wearing a seat belt, speeding, etc.). If you agree with your violation, tell the inspector “yes, I agree, I violated,” then in this case, the inspector has every right to issue you a traffic police resolution, bypassing the preparation of a protocol.

We wrote out a protocol for the resolution on what to do next

According to clause 8.11 of the traffic rules - “drivers who, at times of exposure to the yellow signal or raising the traffic controller’s arms up, cannot stop the transport at the place, as specified in clause 8.10 of these Rules, without going into emergency galvanization, is allowed collapse far away from the minds of the safety of the safety of the road ruin" . As can be seen from the recording, the yellow light came on at a moment when it was no longer possible to stop without emergency braking.

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.

A protocol was issued, what next?

An administrative violation report was issued, what next?

A protocol was issued, what next?

Arteor › Blog › How to draw up a PROTOCOL correctly if you don’t agree with the violation

A protocol has been drawn up

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

How does a protocol differ from a traffic police resolution?

IDPS issued a protocol, what next?

A protocol was issued, what next?

What to do if the traffic police officer has issued an administrative violation report against you

A protocol was issued, what next?

We wrote out a protocol for the resolution on what to do next

How does a protocol differ from a traffic police resolution?

Not all motorists have difficult experience communicating with traffic police representatives. But one day the moment may come.

The inspector can stop the driver, ask to present documents and begin filling out the protocol. But what is a ruling?

Let's consider the difference between the protocol and the traffic police resolution. What information should be included in each document?

We will also find out when a resolution is issued and when a protocol is issued.

What is a protocol?

This is a procedural document drawn up in the event of an event or an administrative offense. It is filled out by a traffic police inspector who detected a traffic violation in the driver’s actions .

The compiled protocol does not yet prove the driver's guilt . The protocol serves as the basis for issuing a decision on an administrative violation.

When drawing up a protocol, a traffic police officer may commit gross procedural violations. Drawing up a protocol is preparation for the consideration of the case.

If there is no testimony of witnesses or photo and video materials proving the driver’s innocence, when deciding on punishment they rely on the protocol. Therefore, the motorist must carefully read what information the traffic police inspector entered into the protocol .

Previously, the preparation of the protocol was regulated by paragraph 109 of the Order of the Ministry of Internal Affairs of March 2, 2009 No. 185. But this document has lost force.

According to Article 28.1 of the Code of Administrative Offenses of the Russian Federation No. 195-FZ, as amended, which came into force on 10/29/2017 (“Consultant”: http://www.consultant.ru/document/cons_doc_LAW_34661/6316f0363775130d5f77e6d9ee6584accf8a9701/): a case of an administrative offense can be considered initiated (one of the grounds) from the moment when a protocol of inspection of the scene of the offense is drawn up.

Article 28.5 of the same Code regulates the time frame for drawing up the protocol:

immediately after detection of an offense;
if additional clarification of the circumstances of the case or other data is necessary, the protocol must be drawn up within two days from the moment the offense was discovered;
if an administrative investigation is carried out, a protocol is drawn up when the investigation is completed within the time limits provided for in Article 28.7 on the Administrative Investigation.

What information should be included in the protocol?

The protocol indicates the date, place of compilation, position, full name of the officer drawing up the protocol, information about the detained person, time, place, reasons for detention (Article 27.4).

Also indicated (Article 28.1.1):

actions of officials and the order in which they were carried out;
condition, quality of the road, presence or absence of markings, whether the section of the road on which the violation was committed was illuminated;
the type of intersection (controlled or unregulated) at which the driver committed a violation, whether the traffic light was working, whether there were priority signs;
other important circumstances.

In the protocol, the inspector indicates statements of persons who participated in the inspection. They are explained their rights and responsibilities under the Code. The inspector makes an appropriate entry.

The employee must also make a note about the use of photography and video recording and other methods of recording evidence. The received materials are attached to the protocol.

The protocol indicates the legal act that was violated, a detailed description of the situation, and an article providing for liability for the offense.

The protocol (prosecutor's decision) is sent to the judge, body or official authorized to consider the case of an administrative offense within three days from the moment the protocol is drawn up (Article 28.8).

If the culprit faces arrest or is expelled from the country, the report is handed over to the judge immediately after drawing up.

If the protocol was drawn up by an unauthorized person, if it contains errors, if the article for the offense is not indicated, the shortcomings are eliminated within three days from the date of their receipt from the judge, body, or official who considered the case.

The case materials must be returned to the specified judge, body, or official within 24 hours from the date the errors are corrected.

All witnesses must be included in the protocol . All capable citizens can be witnesses, even close relatives, if they were eyewitnesses of the event (for example, they were passengers).

If the form has empty fields, they must be filled in by writing Z. Then unscrupulous traffic police officers will not be able to provide false information about what happened. As an explanation, it is better to indicate: “I did not violate traffic rules, I do not agree with the inspector” (provided that there were really no violations).

The following should also be noted:

whether an accident diagram was drawn up;
whether the rights and responsibilities were explained by the traffic police inspector;
if the employee indicated the word “violator” everywhere, it must be corrected to “driver” (guilt has not yet been proven);
whether the motorist's witnesses were included.

The driver has the right to petition to postpone the hearing of the case to a more convenient date. You can move the place of consideration when the driver was detained in a foreign city.

Resolution

So how does the protocol differ from the traffic police resolution? The resolution is the result of consideration of the administrative protocol.

If the inspector has drawn up and signed a protocol and the driver’s guilt has not yet been proven, the motorist has the right to disagree with some of the information in the protocol. If it contains serious errors, the document may be considered invalid, and liability can sometimes be avoided.

The resolution is the final result of the consideration of the case. It is executed or appealed in court.

A traffic police fine order is a document issued by a traffic police inspector with or without a violator. The decree obliges to transfer the assigned amount within a certain period.

If the inspector issued a resolution without a protocol, you need to remember when the resolution can really be drawn up like this:

if punishment in the form of a warning or an administrative fine is imposed at the place where the administrative offense was committed (Article 28.6 of the Code of Administrative Offenses of the Russian Federation), and the driver agrees with his guilt;
The violation was recorded by security cameras that operate automatically.

A copy of the resolution is given to the culprit and the victim (at his request). If the culprit refused to receive a copy of the decision, it will be sent to his address by registered mail within three days from the date of the decision.

If a motorist violates several traffic rules at once, only one decision is issued. The document contains information about all offenses committed.

The form of the resolution can be paper or electronic . Decisions are made electronically after violations recorded by cameras. A copy of the document is sent on paper.

What information is included in the resolution?

Article 29.10 regulates that the resolution must indicate the following information:

position, full name of the judge, official, name of the body that made the decision, their legal address;
date, place of consideration of the case;
information about the person against whom the case was considered;
established circumstances;
articles that provide for administrative liability for committing an offense;
decision on the case;
deadline, procedure for appeal.

A copy of the resolution with the attachment of materials that were obtained using technical means operating in automatic mode and having photo and video recording functions is sent to the offender on paper.

It is necessary to pay attention to the date of the decision. The date affects the period within which it will be possible to appeal the imposed sentence. There is a ten-day period for appeal. Also, the period for payment of the fine is calculated from the date of the decision.

What is being appealed, the ruling or the protocol?

Appeal

The protocol contains information about what happened. After reviewing the protocol, a decision is made on the punishment. The decision is indicated in the resolution, and it can be appealed.

The procedure for filing a complaint is regulated by Article 30.2 of the Code:

The application is sent to the judge, body or official who made the decision. They must, within three days from the date of receipt of the document, send it with the relevant materials to the appropriate court, higher authority, or higher official.
There is no need to pay a state fee for a complaint.
Submitted within ten days from the date of receipt of a copy of the document.
If the deadline is missed, and the motorist has good reasons (and they can be proven documented), the deadline can be restored.
The complaint is considered within 10 days from the day it is received with all materials by the relevant authority. Or within two months if the case went to court. And also within 24 hours if the person brought to administrative responsibility is under administrative arrest or is subject to deportation from the country.

The applicant must complete the application correctly . It must contain information about the applicant: passport, address, information about the car, a detailed description of the circumstances of the incident.

The application must be accompanied by the necessary materials for the case (data from the video recorder, photographs from the scene of the incident). It is important to include in the document articles of law that confirm the absence of an offense and testimony of witnesses.

The motorist submits a complaint in person, or by registered mail with notification or through the official website of the organization.

Resolution number

There are often cases when the driver does not receive a decision, but knows that he has been issued.

To make a payment, it is not necessary to know the order number. All you need to know is your driver's license number.

But sometimes you may need an answer to the question of how to find out the protocol number by the resolution number.

It is not difficult to find by the order number the amount to be paid, as well as for what violation the fine was imposed.

The mobile application “Traffic Police Fines”, in which you can find out about the fine by the number of the resolution; the data is provided, but it is scanty. How to see the traffic police fine report by resolution number?

You can use the Autocode portal: https://avtokod.mos.ru/.

There you can also see photographs of the violation. The portal contains photographs of the following types:

photo of a car with license plates;
panoramic photographs of the area;
with the trajectory of the car.

You can also find out information about the violation - date, time, date and number of the decision on the violation, the amount to be paid and other data. The portal allows you to automatically issue a receipt for payment.

A ruling is practically a recognition of a motorist as guilty of violating traffic rules . While the protocol only reflects information about what happened. It does not prove the driver's guilt.

But some traffic police officers, who take advantage of the legal ignorance of drivers, issue a decision without reason, and the motorist is left to pay a fine or appeal the decision.

What does the traffic police inspector write out, a protocol or a resolution? Both documents. A resolution is issued (or sent to the violator’s address) if the violation was recorded by cameras. Or the motorist admits his guilt in the violation.

If the driver faces deprivation of his license, a decision is not issued, a corresponding protocol is drawn up!

Let us remind you that the protocol is a recording of a violation. The ruling is the punishment imposed. When a protocol is drawn up, the driver has a greater chance of avoiding punishment than after a decision is drawn up.