What is the period for repayment of an administrative penalty?

Article 4.6 of the Code of Administrative Offenses of the Russian Federation. The period during which a person is considered subject to administrative punishment

New edition of Art. 4.6 Code of Administrative Offenses of the Russian Federation

A person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment from the date the decision on the imposition of an administrative penalty enters into legal force until the expiration of one year from the date of completion of the execution of this decision.

Commentary on Article 4.6 of the Code of Administrative Offenses of the Russian Federation

The administrative-legal status of a person against whom proceedings are being conducted for an administrative offense is established by Article 25.1 of the Code of Administrative Offences. At the same time, the period for the entry into force of a decision in a case of an administrative offense is regulated by Articles 31.1, 31.2 of the Code of Administrative Offences, and the end of the proceedings to execute the decision on the imposition of an administrative penalty is regulated by Article 31.10 of the Code of Administrative Offences. These norms must be taken into account for the correct calculation of the period during which an individual, official or legal entity is considered subject to administrative punishment, and from the date of completion of the execution of the decision on the imposition of an administrative penalty, from which one year begins to run.

When applying an administrative punishment calculated for a certain period (deprivation of a special right, administrative arrest and disqualification), the end date of execution of the punishment is indicated in the resolution on its appointment.

Another comment on Art. 4.6 of the Code of the Russian Federation on Administrative Offenses

The essence of the period established by this article is that a person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment within one year from the date of completion of the execution of the decision on the imposition of an administrative penalty.

The period during which a person is considered subject to an administrative penalty is the period for repayment of this penalty. It performs a certain educational and preventive role in preventing the commission of new administrative offenses.

Recognition of a person as subject to administrative punishment entails legal consequences for him. Under certain conditions, punishment can be considered as a circumstance aggravating administrative responsibility and serve as a qualifying feature for the application of a more severe penalty. However, recognizing a person as subject to administrative punishment cannot affect the qualification of an administrative offense: no matter how many times the same person commits an administrative offense, none of the offenses committed can be transferred to another legal entity.

The repayment period of an administrative penalty is not differentiated depending on the type, duration and amount of the administrative penalty. It is equal to one year.

The repayment period begins on the date of completion of the execution of the decision on the imposition of an administrative penalty: in the case of imposition of an administrative penalty in the form of a warning, the beginning of the repayment of the one-year limitation period coincides with the day the penalty was imposed; The deadline for the execution of an administrative penalty when imposing a fine, administrative arrest, deprivation of a special right, or disqualification coincides, respectively, with the payment of the fine, with the end of the actual serving of the administrative arrest or with the expiration of the period for which the citizen was deprived of a special right, as well as with the expiration of the disqualification period for the official faces; The statute of limitations for forced administrative deportation is calculated from the moment of actual deportation.

The commission of a new administrative offense interrupts the limitation period for paying off the administrative penalty. It begins to flow from the moment of execution of the administrative punishment imposed for a newly committed administrative offense.

A person exempted from administrative liability due to the insignificance of the administrative offense is not considered subject to administrative punishment.

The basis for full repayment of administrative penalties is the expiration of the one-year period provided for in this article and the failure to commit a new administrative offense during the specified period. From the moment a person’s administrative punishment expires, the fact that he committed an administrative offense in the past when committing a new one cannot be taken into account as a circumstance aggravating administrative liability.

If the guilty person is subjected to primary and additional punishment, then the repayment period is calculated from the date of completion of the execution of the penalty that was executed last.

Article 4.6. Code of Administrative Offenses of the Russian Federation. The period during which a person is considered subject to administrative punishment

Article 4.6 of the Code of Administrative Offenses of the Russian Federation with comments and amendments for 2018-2019

Commentary on Article 4.6. Code of Administrative Offenses of the Russian Federation:

1. The person against whom the proceedings were conducted is considered to be subject to administrative punishment from the moment the decision imposing an administrative penalty enters into force (for the timing of the entry into force of decisions in cases of administrative offense, see the commentary to Article 31.1). A person is in a state of so-called administrative punishment both during the period of execution of the administrative punishment and also during the period specified by law after the execution of the punishment. This period is the statute of limitations for paying off an administrative penalty. It is equal to one year, calculated from the date of completion of the execution of the decision on the imposition of an administrative penalty. After the expiration of this year, the person is considered not to have been subjected to administrative punishment.

2. The period for paying off the punishment is a kind of probationary period, during which the person held accountable must prove that he has reformed. Therefore, the starting point of the one-year period for repayment of punishment is not the moment of the decision to impose an administrative penalty, but the day of the actual end of execution of the imposed punishment.

3. A one-year repayment period for administrative penalties is established for all administrative penalties, regardless of their type, size and timing.

4. If an administrative penalty is imposed in the form of a warning, the beginning of the one-year limitation period coincides with the day the penalty itself was imposed.

5. The deadline for the completion of execution of a punishment when an administrative fine, administrative arrest, deprivation of a special right, or administrative suspension of activities is imposed coincides, respectively, with the moment of full payment of the fine amount, the day of the end of the actual serving of the administrative arrest, with the expiration of the period for which the deprivation of a special right was assigned or administrative suspension of activities.

6. If the guilty person is subjected to primary and additional punishments, then the one-year period is calculated from the date of completion of the execution of the punishment that was executed last.

7. Repayment of an administrative penalty after the expiration of a one-year period occurs automatically and does not require execution by a special document.

8. Repeated commission of a homogeneous offense during the period that has not expired for the previous punishment is considered as a circumstance aggravating administrative liability (see paragraph 2, part 1, article 4.3), and in some cases can serve as a qualifying criterion for the application of a more severe measure of administrative liability (see, for example, part 2 of article 5.27).

Deadline for removing the repayment of administrative punishment from the offender

Commentary to Art. 4.6 Code of Administrative Offenses of the Russian Federation

1. The period during which a person is considered subject to administrative punishment can be considered the administrative analogue of a criminal record in criminal law. During this period, a person who has already been given an administrative punishment is under increased legal attention from the state in order to make sure that the punishment has achieved its goal - preventing the commission of a new administrative offense by this person (Article 3.1 of the Code of Administrative Offenses of the Russian Federation).

2. The following conditions for the validity of this article can be distinguished:

- a resolution on bringing to administrative liability has been issued and entered into force, imposing punishment on the subject of the administrative offense;

- this resolution was executed by the subject, i.e. the punishment has been served (payment of a fine, expiration of the period of deprivation of a special right, etc.);

— the beginning of the period — the period of actual execution of the decision;

- the fact of execution of the decision must be confirmed by the relevant document (receipt for payment of a fine, act of seizure of weapons, etc.);

— the period during which a person is considered subject to administrative punishment is 1 year;

— the specified period is considered to be extinguished automatically; no documentation of the expiration of the period is required.

3. The period during which a person is considered subject to administrative punishment entails certain legal consequences for the subject, namely, if during the specified period the person commits a homogeneous administrative offense, this circumstance will be taken into account as an aggravating one when assigning punishment for a newly committed offense (clause 2 part 1 article 4.3 of the Code of Administrative Offenses of the Russian Federation).

Article 4.6 of the Code of Administrative Offenses of the Russian Federation. The period during which a person is considered subject to administrative punishment

Commentary on Article 4.6 of the Code of Administrative Offenses of the Russian Federation:

3. A one-year repayment period for administrative penalties is established for all administrative penalties, regardless of their type, size and timing.

4. If an administrative penalty is imposed in the form of a warning, the beginning of the one-year limitation period coincides with the day the penalty itself was imposed.

7. Repayment of an administrative penalty after the expiration of a one-year period occurs automatically and does not require execution by a special document.

Time limits for imposing an administrative penalty - Article 38

a penalty may be imposed no later than two months from the date of commission of the offense, and in the case of a continuing offense - no later than two months from the date of its discovery, with the exception of cases where administrative cases in accordance with this Code are under the jurisdiction of a court (judge). If cases of administrative offenses in accordance with this Code or other laws are under the jurisdiction of a court (judge), a penalty may be imposed no later than three months from the date of the offense, and in the case of a continuing offense - no later than three months from the date of its discovery, not counting cases of offenses specified in part three of this article.

Get your RIGHTS in Tashkent

The following penalties may be applied for committing administrative offenses: 1) fine; 2) paid seizure of an object that was an instrument of commission or the direct subject of an administrative offense; 3) confiscation of an object that was an instrument of commission or the direct subject of an administrative offense; 4) deprivation of a special right granted to a given person (the right to drive vehicles, the right to hunt); 5) arrest.

Time limits for disciplinary action

When bringing disciplinary action against an employee, the employer must comply with the deadlines for applying the disciplinary sanction. Failure to comply with the deadlines for bringing to disciplinary liability is contrary to the law and is grounds for canceling the measures taken.

The online public map shows the boundaries of the site, as well as its cadastral value.

Cadastral maps of the Rosreestra of all Russia and all 85 constituent entities of the Russian Federation are presented in online format:

Public cadastral maps include 22 republics:
Adygea
Altai
Bashkortostan
Buryatia
Dagestan
Ingushetia
Kabardino-
Balkaria Kalmykia

Karachay
-Cherkessia Komi
Crimea
Mari El
Mordovia
Sakha (Yakutia)
North Ossetia-Alania
Tatarstan
Tyva
Udmurtia
Khakassia
Chechnya
Chuvashia

Also, cadastral maps contain the regions of the Russian Federation:
Altai Territory
Transbaikal Territory
Kamchatka Territory
Krasnodar
Krasnoyarsk Territory
Perm Territory
Primorsky Territory
Stavropol Territory
Khabarovsk Territory

Map based on cadastral data from the Russian Register of 46 regions:
Amur Region
Arkhangelsk Region
Astrakhan Region
Belgorod Region Bryansk

Region Vladimir
Region Volgograd
Region
Region
Region Ivanovo
Region Irkutsk
Region Kaliningrad Region
Kaluga Region Kemerovo
Region Kirov Region
Kostroma
Region
Kurgan Region
Kursk Region
Leningrad Region
Lipetsk Region
Magadan Region
Moscow region
Murmansk region
Nizhny Novgorod region
Novgorod region
Novosibirsk region
Omsk
Orenburg region
Orel

region
Penza
region
Pskov region Rostov region Samara region
Saratov region
Sakhalin region
Sverdlovsk region
Smolensk region
Tambov region
Tver region
Tomsk region
Tula region
Tyumen region
Ulyanovsk region
Chelyabinsk region
Yaroslavl region

Cadastral map of three cities of federal significance:
Moscow (Moscow region)
St. Petersburg (Leningrad region, “Peter”)
Sevastopol

Map of one autonomous region:
Jewish Autonomous Region

PKK of 4 autonomous districts:
Nenets Autonomous Okrug,
Khanty-Mansiysk Autonomous Okrug - Yugra,
Chukotka Autonomous Okrug,
Yamalo-Nenets Autonomous Okrug

2016: how much is the cadastral valuation of land?

According to the Law “On Valuation Activities”, the cadastral valuation is not a constant value, just like the market value. According to the results of the state assessment, a new value of the land may be established.

Now I would like to talk about how to determine the cadastral valuation of land this year using a public map.

As for the cadastral map, this is a huge information resource that the state has provided for citizens to use completely free of charge. The map makes it possible to find all the information about each site located in Russia. The public map provides up-to-date information regarding the cadastral valuation, exact area, date of registration, boundaries of the site, rights to the site.

To find out accurate information about the cadastral value of a plot in the current year, you should use the cadastral map service on the website above. Here in the search engine you need to indicate the cadastral number of the desired object. After this, the user will be presented with all the information that is in the state cadastre and the cost relevant for the current year. I would like to note that, unfortunately, the information presented here is of an informational nature only.

To obtain official confirmation of the cost of a plot, you need to obtain a certificate of the established form from Rosreestr. You can order it here. When filling out the application, you must pay the state fee online, indicate the cadastral number of the plot, and an email address for feedback; the document will be delivered to this address. It will take no more than fifteen minutes to complete the application. The applicant will be able to receive the supporting document within two days.

This year, the cadastral valuation of the site should have an indicator that will be as close as possible to the market value, otherwise, the amount of taxes and rent that the owner of the site will pay will be much higher.

News 2019:
- A new and cheap way to capture a plot of land, a house or other property in photos and videos - aerial photography of a plot of land from a quadcopter.

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Terms of repayment of administrative liability

Good afternoon, last year there was administrative liability under the Code of Administrative Offences, Art. 6.8, and a month later according to Art. 20.21. More than a year has passed since the fines for both offenses were paid, therefore, these penalties should be considered removed. The question is: despite the fact that more than a year has passed, can they refuse to obtain a license to purchase weapons?

Good day, Andrey. According to Art. 13 of the Federal Law of December 13, 1996 N 150-FZ (as amended on August 3, 2018) “On Weapons”, a license to purchase weapons is not issued to citizens of the Russian Federation who are repeatedly brought to administrative responsibility within a year for committing an administrative offense that infringes public order and public safety or established management procedure, an administrative offense related to violation of hunting rules, or an administrative offense in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, plants containing narcotic drugs or psychotropic substances or their precursors, or their parts containing narcotic drugs drugs or psychotropic substances or their precursors, with the exception of administrative offenses related to the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or new potentially dangerous psychoactive substances - until the end of the period during which the person is considered subject to administrative punishment.

In accordance with Art. 4.6 of the Code of Administrative Offenses of the Russian Federation, a person who has been assigned an administrative penalty for committing an administrative offense is considered subject to this punishment from the date the resolution imposing an administrative penalty enters into legal force until the expiration of one year from the date of completion of the execution of this resolution.

Thus, since more than a year has passed since you paid administrative fines, you are not considered a person subject to administrative punishment.

They can refuse to issue you a license only if there are other grounds specified in Art. 13 of the above law.

You can also contact me via chat for a more detailed consultation (including studying the materials you have) and (or) drawing up the necessary legal documents (statements, complaints, petitions, etc.) for a fee.

In addition, it is possible to provide services for representation in courts, other government bodies and non-governmental organizations, defense at the stage of preliminary investigation and in criminal court, defense in cases of administrative offenses.