Who makes a decision on an administrative traffic violation?

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 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).

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.

Video: DPS UFA. LikBez No. 3. "Protocol vs Resolution"

What is a traffic police resolution on an administrative offense

The main executive document for implementing the requirements of the Administrative Code in the field of road safety is a resolution on an administrative offense of the State Traffic Safety Inspectorate, which is issued by a police inspector in case of violation of traffic rules by drivers when stopping a car or based on video recording cameras.

In some cases, instead, the inspector draws up a protocol of the offense at the stop site, which is also a necessary attribute of the procedural part of the execution of the administrative responsibility of drivers. The question of how these documents differ from a legal perspective worries many motorists, since each of them has to sort things out more than once in practice with the traffic police inspector regarding this or that traffic violation and receive official papers from them.

Legal differences between the protocol and the resolution on traffic violations

The entire process of executing punishment for an administrative offense in the field of road safety consists of several stages, which can be described as:

recording and registration of the fact of violation;
investigation, classification of violations and prosecution of the culprit;
appeal or voluntary execution of punishment;
compulsory execution of punishment in case of evasion of the culprit from voluntary repayment.

The protocol and resolution are drawn up and used at the first two procedural stages indicated above.

What is a traffic violation protocol and when is it issued?

A traffic violation protocol is a document that records and describes the fact of the violation itself. It serves as the basis for opening a case on the fact of an offense committed in order to bring the offender to administrative responsibility. In essence, this is evidence, stated in writing and in the prescribed form, of the version of the event that occurred from the point of view of the traffic police inspector who stopped the car or arrived at the scene of the accident.

The traffic police regulations establish requirements for the content and execution of the protocol, and one of its points is the mandatory signature of the violator on familiarization with the document and agreement with its contents. The protocol is not an executive document defining the penalty and cannot be appealed by the violator (Chapter 22 of the CAS RF).

A traffic violation protocol is drawn up by a traffic police inspector in the following cases:

when the driver does not agree with the charge of violating traffic rules;
when an additional investigation, examination or examination of the violator is required to make a decision;
when the penalty for a violation, determined by the articles of the Administrative Code, exceeds the powers of the inspector, for example, it establishes deprivation of rights, arrest or compulsory labor.

What is a resolution on an administrative offense of the traffic police and when is it drawn up?

A decision on a traffic violation is a document that determines the punishment for an offense and requires the person responsible for the event to fulfill his decision. The decision of the resolution can be twofold - to determine the extent of responsibility of the violator or to release him from liability. In any case, it is subject to execution within 2 months or appeal within 10 days.

The decision is made on the basis of the requirements of the articles of the Code of Administrative Offenses of the Russian Federation corresponding to the violation, taking into account mitigating or aggravating circumstances of the offender. Thus, unlike the protocol, the resolution is already the final verdict in bringing the offender to justice, i.e. thereby an executive document of punishment.

Video: Procedure for appealing a traffic police decision

Options for drawing up a resolution on an administrative offense by the State Traffic Safety Inspectorate:

The resolution can be issued by the inspector directly at the site of the traffic stop if the driver agrees with the accusation of violating the rules and does not object to the applicable articles of the administrative code. In this case, the driver is given a copy of the decision, the decision of which he must comply with (pay a fine) within 2 months. If the violator decides to pay it off within 20 days, he can receive a discount of 50% of the fine amount.
A resolution can be issued after consideration of the case at the traffic police department by a special accident investigation group, when at the scene of the incident the inspector could not make a decision on the violation for various reasons, but only compiled a protocol of the event. This also applies to those cases where the penalty for a violation is not limited to a fine and exceeds the limits of the inspector’s powers.
A resolution can be issued at the TsAFAP center when violations are recorded by video cameras or drawn up based on the results of viewing video recordings. In this case, a copy of the decision is sent by registered mail to the owner of the car with attached photographic materials within 10 days from the moment the violation was recorded.

If the driver has committed several violations under different points of the traffic rules at once, then the inspector who stopped the violator’s car draws up one resolution, which lists all the committed offenses.

Duration of validity and appeal of the decision

Video: Traffic rules clause 14.1 /or/ How to APPEAL a traffic police decision + Petition for failure to appear in court

The validity period of a decision on violation of traffic rules is 2 years. Despite such a long period, there are drivers who strive not to pay fines issued in the hope of successfully waiting out the expiration of the statute of limitations. However, such actions are fraught with more unpleasant consequences, such as the imposition of additional fines for late repayments and the use of enforcement measures for debt collection by bailiffs.

If you disagree with the resolution of the decision, the driver has the right to appeal it to a higher authority of the traffic police or court. The deadline for submitting a complaint to the appropriate authority is set no later than 10 days from the date of receipt of the decision. It should be borne in mind that the ten-day period includes weekends and holidays, so you should not delay completing and submitting the application for too long, especially since you need to have time to prepare documents substantiating the complaint.

If the deadline established for an appeal was missed for valid reasons (business trip, illness, natural disasters, etc.), then by law it can be restored if a corresponding petition is attached to the application with documentary evidence of the reason for the omission. The appeal period is not restored if the applicant has a lawyer or other authorized representative whose duties include resolving issues within the time allowed by law.

Where can I appeal the decision?

Video: Simplified procedure for appealing a decision of a traffic police officer

The authority to which the complaint should be filed depends on the authority that issued the decision on violation of traffic rules (see Article 30.1 of the Code of Administrative Offenses):

If the author of the resolution is a traffic police inspector or another regulatory service, the complaint must be addressed to his direct superior to a higher authority, for example, the head of a department or department of the traffic police. If this authority does not solve the problem, then you need to complain to the local court in the area where the violation was recorded.
The decision of the magistrate is appealed in a district court, and the decision of a district court is appealed in a regional court.
In the event that a decision on violation of traffic rules is issued by a collegial body, an appeal against its decision is made in the court of the district in which the office of this body is located.

The applicant should know that appealing decisions on traffic violations is not subject to state duty, however, to successfully complete the case, you need to have strong evidence of your case, based on the provisions of legislative acts.

Resolution on administrative offense

A resolution on an administrative offense is the main executive document that obliges the violator to bear responsibility in connection with violation of administrative legislation. It records the details of the offense. In some situations, it is the only and sufficient evidence of the commission of an illegal act.

What are administrative violations

In a modern rule of law state, law-abiding citizens must unquestioningly comply with the rules of the law. In addition to the rules of behavior in certain life situations, government acts also prescribe the duties of citizens that must be fulfilled regardless of the circumstances and the influence of outsiders. Such norms are set out in the administrative code. It is he who regulates the behavior of individuals, which contributes to the preservation of order in the country, and provides for liability for non-compliance with the provisions of the code. Such actions or inactions that run counter to the norms of the Code of Administrative Offenses are considered administrative violations.

If they are detected, the authorized bodies draw up a protocol and issue a resolution based on it. In Art. 28.6 of the Code of Administrative Offenses of the Russian Federation specifies cases when a resolution is issued without drawing up a protocol. These are situations where it is almost impossible to challenge and disagree with an offense. For example, recording a traffic violation on an automated traffic police camera. The prosecutor's resolution also does not require the preparation of preliminary documents.

What is a resolution and what does it look like?

A ruling on an offense is a procedural document. It differs from the protocol in that it is here that the penalty for violation is prescribed. In essence, it ends the resolution of the case.

A special form is provided for issuing a resolution. The following data is entered into it:

Full name and addresses of officials, the panel of judges or one judge who considered the case;
date and place where the decision was made;
details of the accused;
facts established during the consideration of the case;
article or law applicable to the case;
decision on the case;
the period during which the guilty person can file an appeal.

Important! An application to appeal the decision can be filed within 10 calendar days. If the 10th day falls on a weekend, it is transferred to the next working day.

In accordance with Article 29.9, paragraph 1 of the Code of Administrative Offenses, proceedings for administrative offenses end with the issuance of one of the following types of decisions, which may provide:

imposition of administrative punishment (fine, arrest, etc.);
termination of administrative proceedings.

These documents are legal opposites. By some, the offender is found guilty and brought to justice, by others, he is released from it.

For the first case, it is convenient to consider the traffic police resolution. Its imposition, as a rule, is associated with an actual violation of the rules and requires the culprit to suffer appropriate hardships in connection with non-compliance with traffic rules.

Traffic police officer issues a fine

Who makes a decision on an administrative offense

According to Art. 4.5, clause 1 of the Code of Administrative Offenses, within 2 months the violator must be held accountable. If the case is heard by a judge, the period increases to 3 months.

Only a civil servant, namely a judge or a traffic police inspector, has the authority to issue a resolution.

Note! Employees of the State Traffic Inspectorate have the right to fill out a resolution on the spot, without trial, and the judge makes a determination only during the proceedings.

In the following cases, a traffic police officer has the right to draw up a resolution at the scene of the offense:

if the person who violated the traffic rules and was stopped by the inspection does not deny his guilt;
if the moment of the violation is recorded using automated photo and video recording equipment.

Important! The inspection officer has the authority to issue a warning or issue a fine. Other penalties are applied by court decision.

The traffic police resolution has five semantic parts:

Introductory part. It indicates the details of the official, the place of registration and the number of the proceedings under which it is issued, or the basis that served as the basis for the start of the proceedings (for example, an accident).
The second part provides a brief overview of the violation.
The third part is motivational. Its completion provides for an indication of the violated legal norms.
The effective part contains conclusions and a requirement for the perpetrator to fulfill the administrative responsibility assigned to him.
The final part contains information on how to obtain a copy of the decision for interested parties, and also indicates the deadline for appeal.

Important! Without the signature of the person who made the decision, it is considered an invalid document, that is, it has no legal force.

After the relevant document is issued, it is necessary to register it. This allows you to monitor the fulfillment of the obligations stipulated therein by the guilty person, maintain general statistics of administrative offenses and determine the level of government influence in the event of gross and frequent illegal actions in society.

Registration of administrative violations is carried out by the secretary of the administrative commission. They are entered into a special register in chronological order. Each resolution is assigned a universal number, which is used to track the execution of the punishment in the automatic control system, if the department has one. At the State Traffic Safety Inspectorate, decisions on traffic violations are registered within 15 days and are immediately reflected in the fines database.

It is filled out by an authorized person, with the obligatory signature of the document. A copy of the decision is handed to the violator immediately or sent within three days from the date of issue by post.

You can check fines on the State Services website

You can file a complaint against the decision within 10 days after the relevant decision is made. Therefore, it is in the interests of the offender not to wait for the Russian Post to deliver his copy, but to take all necessary measures to quickly receive it on his own.

You can find out how to obtain this document from an official, and this is also stated in the resolution itself. If this period of appeal is missed through no fault of the violator, it can be restored by filing a corresponding application with the court and attaching the necessary evidence, for example, a postal notice stamping the date of receipt of the item. Having studied them, the judge issues an order to restore the missed deadline or issues a reasoned refusal.

Thus, only officials have the right to make decisions. It is not always necessary to draw up a protocol. After the expiration of the allocated 10-day period for appealing this decision, it enters into legal force. And according to Art. 4. 5 paragraph 1 of the Code of Administrative Offenses, after the expiration of a two-month period, an official’s issuance of a decision on an administrative offense is illegal, but the judge can make a decision within three months.

Knowing all the legal nuances of issuing a resolution on an administrative offense, you can eliminate the minor consequences of such acts in a timely manner and prevent the transition of administrative liability to criminal liability.

Traffic police resolution on an administrative offense - procedure for drawing up

Any motorist has at least once met with a traffic police inspector, and if he violated traffic rules, he was subject to administrative penalties. What punishment does the inspector have the right to apply immediately and is it legal? What is a decision on administrative liability and is it possible to appeal it? These issues are discussed in the article.

What is a traffic police resolution on an administrative offense in the field of traffic?

The legislator interprets the resolution on bringing to administrative liability (including in the field of traffic rules) as an executive document that is the result of the proceedings. It indicates all the circumstances of the incident, the perpetrators, the victims, as well as the type and amount of punishment.

It is worth distinguishing between a resolution and a protocol - these are different procedural documents. The second is intended to establish the fact of an offense and further proceedings on its basis, and the resolution is already a decision made by an authorized person.

Only the following persons in authority have the right to issue decisions on administrative punishment for violation of road rules:

traffic police inspectors;
judges of the appropriate level.

This document can be drawn up immediately after the fact of an offense has been established or at the end of the proceedings, but no later than the period established by law.

Possible deadlines for issuing a decision:

two months if the decision is made by a traffic police officer;
three months if the decision is made by a judicial authority.

Immediate document preparation

The legislator allows the drafting of a resolution without trial, that is, “on the spot.” Here are the cases when decisions are made immediately (without drawing up a protocol):

If the fact of an offense is established using photo or video recording (so-called “chain letters”). In this case, a decision is made to hold the owner of the car accountable, without taking into account who exactly was driving the car at that point in time. The burden of proving innocence in this case lies with the owner of the vehicle;
If a car is stopped by a traffic inspector for committing a minor offense, and the driver does not dispute his guilt, then the officer draws up a resolution indicating all the circumstances, the personal details of the culprit and the administrative penalty. Do not forget that the inspector has the right to impose penalties only in the form of a warning or a fine. Other sanctions may be applied only by decision of a judicial authority.

Important! Even if the situation seems hopeless, a protocol has been drawn up or a decision on an administrative offense has been issued, it can always be appealed. The easiest way to avoid punishment is to find technical errors in the text of the document. For example, if the protocol drawn up by the inspector incorrectly indicates the surname, date of birth or place of birth of a citizen, then it is necessary to draw up a petition to invalidate the protocol or resolution. Accordingly, the fact of the offense was not recorded or was committed in relation to an improper person. For the same reason, the victim should also be careful when drawing up documents by traffic inspectors at the scene of the accident, which will be sent to the insurance company.

What should be included in the document?

First of all, this is a procedural document, therefore its form is clearly established by the legislator. The content of the document on the imposition of an administrative penalty can be divided into five semantic parts:

Introductory. The name itself, number, date and locality of its compilation, position, surname, class rank of the person issuing it are indicated here. An indication of the administrative proceedings in which a decision is made on the merits.
Descriptive. It is also called the installation, that is, all the circumstances of the offense in question are briefly described here.
Motivational. The introductory part continues, it indicates objective data obtained during the proceedings, as well as indications of the rules of law that are followed in a particular case.
Resolute. Contains conclusions regarding bringing the perpetrator to justice under a specific provision of the Law, indicating the type and amount of punishment.
Final. The person who made the decision certifies this part with his personal signature. It also contains information about receipt of a copy by interested parties and the deadline for appealing.

The form for the decision on the case of an administrative violation can be downloaded from the link; The completed form can be downloaded here.

How to obtain a copy of a resolution on an administrative violation?

The official who made the relevant decision is obliged to immediately hand over a copy of it to interested persons. If we are talking about a traffic accident, then they are both the culprit and the victim. And if about a violation of the Traffic Rules that did not cause damage to third parties - only to the offender.

It is handed over either personally under the signature of the citizen, or in private cases sent by mail within three days after the decision is made. Also, if the decision was made by the court based on the material provided by the traffic police inspector for making a decision, then a copy is sent to him.

If the official does not provide a copy of the relevant decision within the prescribed period, then the interested person has the right to file a complaint about the employee’s inaction. After all, the deadline for filing an appeal against a decision is calculated from the moment of actual delivery of a copy of the decision.

Appeal procedure

To appeal a decision, you must appeal to a higher authority than the one that made the initial decision (head of the traffic police department, higher court). In Article 30.3 of the Code of Administrative Offenses, the legislator establishes the deadline for appealing decisions on violation of traffic rules. In accordance with this rule, a person who disagrees has the right to file a complaint within 10 days from the date the decision was made, or from the date of receipt of its copy.

If the ten-day period is missed, then it must be restored. To do this, a lawsuit is sent to the court with the corresponding requirement. The reason for this may be:

actual impossibility of appeal due to health reasons (being in a coma);
failure to receive a copy of the document;
impossibility of appeal due to other objective reasons.

The burden of proving the legality of reinstating the appeal period lies with the applicant.

Conclusion

So, a decision on an administrative offense is made only by officials, and there may be a decision without a protocol, but the protocol cannot remain without a decision. If the person in respect of whom the decision has been drawn up does not appeal it within the prescribed period, then it will enter into legal force.

Consideration of cases of administrative offenses in the field of traffic.

Every car owner is familiar with this situation: on the road, while driving a vehicle, he is stopped by a traffic police officer. Often this is just a document check, and sometimes the inspector reports that you have just committed a traffic violation (Road Rules) and draws up a report on the administrative violation .

Naturally, this circumstance brings anxiety to the car owner, a waste of time and nerves, and in addition, for committing some administrative offenses such punishment as deprivation of the right to drive vehicles or administrative arrest .

In this regard, it is at the initial stage that it is important not to get confused, but to use your rights and take measures so that if you disagree with the act you are accused of, you can challenge the fact of committing an offense in court.

the protocol of administrative offense drawn up against you you drove into an oncoming lane, or drove a car while intoxicated and refused to undergo a medical examination, or underwent an examination for alcohol intoxication and, based on its results, your car was taken away. rights, you are facing deprivation of your driver's license or administrative arrest, then you do not need to rely on luck or your intelligence. The punishment can be severe and appealing a decision that has already been made is always more difficult than fighting for the truth in the first instance.

We recommend that in the case where a protocol on an administrative offense , and even more so when it has been sent to court, you contact a professional who could provide you with competent legal assistance and represent your interests in the authorized bodies.

The YurbIS legal bureau has extensive experience in supporting cases of administrative offenses , including in the field of road traffic .

Our auto lawyer will be happy to help you solve your problems and, knowing all the nuances of this type of case, will find a way out of even “hopeless” situations.

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WHAT IS AN ADMINISTRATIVE OFFENSE.

An administrative offense is recognized as a guilty action (inaction) of an individual or legal entity for which administrative liability .

In the field of road traffic , the Code of the Russian Federation on Administrative Offenses provides for 36 administrative offenses .

Punishments for committing an administrative offense in the field of traffic are as follows:

2. administrative penalty;

3.deprivation of the right to drive a vehicle;

4. administrative arrest.

In addition, along with imposing the main punishment, the judge may impose a punishment in the form of confiscation of instruments and devices for giving light and sound signals, etc.

BODIES DEALING WITH CASES OF ADMINISTRATIVE OFFENSES.

The category of cases in the field of traffic must be considered by the body that drew up the protocol on an administrative offense , i.e. traffic police authorities.

The second category of cases, for which stricter liability is provided, is considered only in court.

In addition, there is a category of cases that can be considered by both the traffic police authorities and magistrates in the event that such a case has been received by them.

DEADLINE FOR CONSIDERATION OF A CASE CONCERNING AN ADMINISTRATIVE OFFENSE.

A decision in a case of an administrative offense cannot be made after two months (in a case of an administrative offense considered by a judge - after three months) from the date the administrative offense was committed.

PROCEDURE FOR CONSIDERATION OF CASES ABOUT ADMINISTRATIVE OFFENSES.

A case of an administrative offense is considered initiated from the moment a protocol on an administrative offense is or a resolution to initiate a case of an administrative offense (in the case of an administrative investigation).

If, when an individual commits an administrative offense an administrative penalty is imposed in the form of a warning or an administrative fine , and the violator does not challenge the event of the administrative offense , a protocol may not be drawn up, and an authorized official at the place where the administrative offense was committed makes a decision in the case of administrative offense on the imposition of an administrative penalty in the form of a warning or an administrative fine .

If an administrative offense is detected using special technical means operating in automatic mode, having the functions of photography, filming, video recording, or means of photography, filming, video recording, a protocol on the administrative offense is not drawn up, and a resolution on the case of the administrative offense is issued without the participation of the person against whom the case of an administrative offense has been initiated, a copy of which is sent to the person against whom the case of an administrative offense has been initiated , within three days from the date of the said decision.

In the event of an administrative offense resulting in the infliction of minor or moderate harm to the health of the victim, immediately after the discovery of the administrative offense a protocol of inspection is drawn up . Then an administrative investigation , during which explanations may be taken, examinations , and other evidence may be required. At the end of the administrative investigation, a protocol on the administrative offense is drawn up or a resolution is issued to terminate the case on the administrative offense.

JUDICIAL CONSIDERATION OF THE CASE.

The exclusive competence of justices of the peace includes cases provided for in the following articles of the Code of the Russian Federation on Administrative Offenses: part 4 of article 12.2, parts 1 and 2 of article 12.4, parts 3 - 6 of article 12.5, part 2 of article 12.7, article 12.8, part 3 of article 12.10, part 4 of Article 12.15, Article 12.26, parts 2 and 3 of Article 12.27, Article 12.35.

In addition, magistrates can consider some other categories of cases in the event that they receive such a case from the internal affairs bodies .

Federal judges of district courts hear cases in which an administrative investigation was carried out ( an examination or other procedural actions were carried out in the case, requiring significant time).

Cases of administrative offenses against military personnel are considered by the military garrison court .

As a general rule, the case is considered at the place where the offense was committed . However, upon application of the person against whom the case has been initiated , the case must be transferred to the place of his residence or registration of the vehicle .

ACTIONS OF THE JUDGE AFTER RECEIPT OF THE CASE.

When a case of an administrative offense comes to court, the judge, after reviewing the materials, makes one of the following decisions:

1. On the appointment of a court hearing ;

2. On the return of the protocol to the body that sent it to the court in connection with the identified deficiencies;

3. On sending the case under jurisdiction (jurisdiction) to another body (court);

4. On termination of proceedings in the case .

If the judge accepts the case for proceedings, he sets the date and time of the court hearing and notifies interested parties (the person held accountable and the victim).

If the judge returns the case back to the traffic police, then the police officers must correct the deficiencies indicated by the judge and send the case back to the judge. If it is impossible to eliminate the shortcomings, then they terminate the proceedings.

It is necessary to appear in court without delay, with an identification document. If the person held accountable is not present in court at the appointed time, and if he has been duly notified of the time and place of the hearing of the case, the judge will consider the case in his absence.

Any persons who wish to do so have the right to be present at the court hearing. A person held accountable has the right to have a defense attorney, who can be a lawyer or another person by proxy . The defense attorney is allowed to participate in the case from the moment it is initiated.

The judge considers the case of an administrative offense alone, in the courtroom. The minutes of the court hearing for this category of cases are not kept.

At the court hearing, before the hearing of the case on the merits, the judge is obliged to explain to the participating persons their rights, including: to get acquainted with the case materials, present evidence, file motions, and use the assistance of a defense attorney (representative). After which, the participating persons have the right to submit requests in writing. The mandatory written form of the petition is enshrined in law, since no minutes are kept during the court hearing.

At the same time, the traffic police officer who drew up the protocol on an administrative offense is not “automatically” invited to court as a witness, however, the court may grant a request to summon him at the request of the person held accountable if the latter does not admit his guilt in committing an offense .

During the court hearing, the judge reads out a protocol on the administrative offense , listens to the explanations of the person being held accountable, the testimony of witnesses (if any), and examines written documents. After this, the judge retires to the deliberation room to make a ruling , and then reads out the ruling and hands a copy of the ruling to the person being held accountable.

DECISIONS MADE BY THE JUDGE.

Based on the results of consideration of a case of an administrative offense, a decision may be made:

1) on imposing an administrative penalty ;

2) on termination of proceedings in the case of an administrative offense.

In addition, the judge may make a determination on the direction of the case based on jurisdiction or jurisdiction .

The judge's decision can be appealed within 10 days from the receipt of its copy. After consideration of the case in the second instance, the decision comes into force immediately and can be appealed only by way of supervisory review.

APPEALING THE DECISION OF THE JUDGE OF PEACE.

A complaint in an administrative case can be filed within 10 days from the date of receipt of a copy of the decision.

After consideration of the case in the second instance, the decision comes into force immediately and can be appealed only by way of supervisory review.