How long does it take for an administrative penalty to be lifted?

Statute of limitations for administrative offenses

An administrative violation is an action (or inaction) that is contrary to the law, but does not pose a serious danger to society and does not cause fundamental harm to it.

An administrative offense, although not regarded as a crime, is not approved by society, is suppressed by it and presupposes punishment for the crime.

The statute of limitations for administrative offenses applies both at the stage of bringing to justice and at the stage of enforcing the imposed punishment. At the same time, the statute of limitations and the procedure for calculating them may vary somewhat depending on the composition of the offense.

Responsibility and punishment in administrative law

Otherwise, the violator will be held accountable before the court according to the law (legal liability).

Administrative liability is one of the types of legal liability and is regulated by the Code of Administrative Offenses (Federal Law No. 195 2001/30/12, edition 2016/05/12 and 2016/21/12).

Administrative responsibility

Any unlawful intentional or careless act that violates civil rights, morality, established public order, health, ecology, and all types of relations within society is classified as an administrative offense.

Administrative liability arises precisely upon the fact of an offense and leads to restriction of access to certain public goods:

narrowing the scope of personal and legal freedom of the offender;
property and material costs;
belittlement;
damage to reputation and restriction of activities.

Administrative punishment

Being a reasonable reaction of the state to an offense (violation), punishment serves as a measure of the responsibility of the “troublemaker.”

Punishment, which aims to restore justice and legal balance in society, has not only a punitive function, but also an exemplary and educational one - so that others are discouraged (Administrative Offenses Code Art. 3.1).

When determining the degree of punishment, they rely (CAP Chapter 4) on the nature of the administrative offense and its potential consequences for society, but they must take into account the identity of the offender (the status of the enterprise, if the culprit is a legal entity), his financial situation, mitigating and aggravating circumstances of the case.

Administrative sanctions may be expressed as follows:

censure (remark, reprimand, warning, etc.);
imposition of a fine;
deprivation of a special right (hunting, driving a vehicle, using special equipment) granted earlier, and confiscation of the weapon (object) that resulted in the offense;
arrest and forced labor (up to 30 days);
expulsion from the country (non-citizens of the Russian Federation);
disqualification (removal from position) and freezing of activities.

In case of a combination of violations considered within the framework of one process, the punishment is not summed up, but is assigned under a more stringent article (Administrative Offenses Code, Article 4.4, paragraph 2).

Limitation period for administrative offenses

What is the statute of limitations for administrative offenses established by law?

Administrative liability, unlike criminal liability, is not so severe, and therefore does not entail a criminal record and is characterized by more flexible statutes of limitations.

In general, the limitation period for administrative violations is calculated as follows:

2 months – prosecution (3 months during judicial review);
2 years – execution of the imposed punishment.

For a number of offenses (Article 4.5, paragraph 1), the statute of limitations for prosecution is 1 year. For violations in the financial sector – 2 years. In corruption cases, the statute of limitations is 6 years.

According to the general rule, after a year, a person guilty of an administrative offense, who accepted and carried out the punishment, is already considered “clean” and has not been brought to justice. In other words, a citizen is classified as “brought to administrative responsibility” (subjected to punishment) from the moment the decision is made plus the time for execution plus one year after the “fact of retribution” has occurred.

The period begins to be calculated from the next day after the violation occurred and, accordingly, it came to the attention of the official.

Attempts to bring to justice after the expiration of the statute of limitations for an administrative offense are illegal (Article 24.5, paragraph 1, paragraph 6). In this case, the proceedings cannot be initiated, and if the procedure has already begun, it is immediately terminated (the case is closed).

The statute of limitations for execution of the punishment begins to be calculated from the moment the decision is made, which loses its legal force after 2 years. If during this time the resolution is not implemented, then it can be considered annulled. There cannot be a repeated prosecution for the same offense (Article 4.1, paragraph 5).

In the event that there is a delay, installment plan or suspension in the execution of the decision (Administrative Code Articles 31.5, 31.6), then the statute of limitations is extended for this period of time, that is, it is interrupted, then the period of installment plan/deferment/suspension is counted, then the statute of limitations continues. .

In case of deliberate evasion of the prescribed punishment, the statute of limitations is restored in its course from the moment of discovery of the culprit or his property.

In other words, an administrative penalty cannot be imposed after 2 years if the decision was made and forgotten about. If measures were taken, if they worked with the “client”, but he stubbornly hid, then the limitation period was interrupted and resumed every time after his discovery - thus, the 2-year limitation period could be noticeably lengthened.

Continuing offense

An offense is considered ongoing if it continues for a long time and does not cease until it is discovered by an authorized person (Resolution of the Plenum of the Supreme Court No. 5 2005/24/03, paragraph 14).

On the other hand, if the deadline for fulfilling a specific obligation is clearly defined by legislative acts, but compliance has not followed, then the statute of limitations for an administrative violation should be counted from the moment the deadline expires (Letter of the State Customs Committee No. 01-06/2058 2002/27/05; Resolution of the Plenum BC No. 5 clause 14 paragraph 2).

In this case, the day of discovery (the starting point) is set as the day the protocol was drawn up and signed by an authorized person (Administrative Code Art. 4.5, p. 2).

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Statute of limitations for administrative offenses of the State Traffic Safety Inspectorate

Traffic police fines, being administrative, must be paid within 2 months.

If payment is made within 20 days, the amount of the fine is halved (Administrative Code Art. 32.2, paragraphs 1, 1.3).

The countdown begins 10 days after the offender receives the order.

If the fine is not paid, the bailiff initiates enforcement proceedings (Administrative Code Article 32.2, paragraph 5). Upon the opening of SSP production, the draft dodger is given 5 days to voluntarily cover the debt (Federal Law No. 229 2007/02/10, edition 2016/01/10, Article 30, Clause 12). After this, all income and property of the debtor come into the view of the bailiff. If the amount of traffic police fines exceeds 10 thousand, the bailiff imposes a temporary ban on the debtor traveling abroad (Federal Law No. 229, Article 67, paragraphs 1, 3).

The statute of limitations for imposing a fine is 2 months (through the court - 3 months), and for collection (a common offense) it is limited to 2 years from the date of the decision to impose an administrative penalty. The following provisions are available for appeal:

10 days – with the head of the state traffic inspectorate;
60 days – in court.

If the inspector does not issue a fine on the spot, then after 2 months he cannot bring the offender to justice. After 3 months, the statute of limitations for this violation expires completely and irrevocably.

Example. M exceeded the speed limit on January 15, 2014, was stopped by an inspector and fined. The decision to impose a fine became effective on January 25, 2014 (it was not appealed). On January 26, 2014, the statute of limitations began to run, which expired on January 26, 2016. Over the past 2 years, no one bothered him (no measures were taken) or tried to forcefully bring him to justice.

The traffic cop’s demand to pay the “debt” presented to him after the named date is not legal, since M did not hide or evade (they didn’t even try to find him), and the statute of limitations had expired - the resolution lost its force.

The statute of limitations for CCTV fines is no different from traditional fines.

The only difference is the imposition of punishment for malicious non-payment. In this case, arrest for 15 days is not possible (Administrative Code Art. 20.25, paragraph 3).

Any administrative violation implies responsibility for the act and punishment, which is assigned by special authorized persons (bodies).

The limitation period for filing claims and imposing penalties is generally limited to 2 months. The limitation period for executing a foreclosure order expires after 2 years. This does not mean that you can “wait it out” and thus hide from responsibility. If a draft dodger is identified, the measures that will be applied to him are very severe.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 317-70-86 .

Statute of limitations for administrative offenses

The concept of statute of limitations is used in both civil, criminal and administrative law. Considering the absence or minimal level of public danger of administrative offenses, the statute of limitations for them is significantly lower than they may be in civil and, especially, criminal proceedings. However, the issue of their use is strictly regulated by current Russian legislation. Also, the application of statutes of limitations for administrative offenses may depend on a number of additional nuances.

Legal regulation of statute of limitations in administrative cases

The main legislative act that regulates the concept of statutes of limitations and their application in relation to administrative offenses is the Code of Administrative Offenses of the Russian Federation itself. In particular, the issues of applying statutes of limitations in administrative proceedings are considered specifically by the provisions of Art. 4.5 Code of Administrative Offenses of the Russian Federation. This article reveals a comprehensive general procedure for applying statutes of limitations to administrative offenses, and also provides a complete list of situations in which a special procedure for considering cases and calculating statutes of limitations for them can be applied.

The concept of statute of limitations, as well as the practice of their application in administrative proceedings, is much simpler and often used in comparison with criminal cases. This is ensured by the absence of public danger in administrative offenses and, as a consequence, the smaller size of possible punishments in most cases.

In general, according to the provisions of the above-mentioned article of the Code of Administrative Offenses, the statute of limitations for cases concerning administrative offenses in general cases is two months from the date of commission of such a punishable act. If the issue of the existence of an administrative offense must be resolved directly by the judge, then the statute of limitations is calculated as three months from the date of the commission of the offense.

It is necessary to distinguish between the concept of statute of limitations, which applies to an offense for which a punishment has not yet been imposed with the validity period of the administrative punishment.

Duration of administrative punishment

The distinction between administrative punishment and the statute of limitations for administrative offenses is extremely important in some situations. In particular, taking into account the fact that committing a repeated administrative violation during the period of punishment is an aggravating circumstance and may entail more severe consequences and sanctions imposed by a court decision. In addition, there are a number of other nuances that cause certain restrictions on the duration of an administrative penalty.

The procedure for the duration of administrative punishment is considered by the provisions of Art. 4.6 of the Code of Administrative Offenses of the Russian Federation, which provides for it in a unified format. Namely, the duration of the administrative penalty is one year from the date of drawing up the resolution on the application of the administrative penalty. After such a year, the administrative penalty is lifted and the person cannot be subject to any possible restrictions due to administrative liability in the past. That is, it is considered to be completely not subject to administrative liability.

If arrest was chosen as an administrative punishment, the maximum duration of which for administrative offenses can be only 30 days, the total duration of the punishment is still a year.

Exceptions to generally established statutes of limitations

The possibility of applying increased statutes of limitations in relation to certain types of administrative offenses is directly provided for by the provisions of Art. 4.5 Code of Administrative Offenses of the Russian Federation. At the same time, the list of possible situations in which an increased duration of liability is applied is extremely wide. In general, in general cases of exceptions considered in the first part of the above-mentioned article, the statute of limitations for the indicated administrative offenses is one year from the date of commission of the offense.

Examples of such exceptions include violations relating to:

Geographical, cartographic and other similar errors or incorrect actions with the relevant registers;
Immigration Law;
Consumer protection;
Insurance legislation;
Procedure for holding elections and referendums;
Investments and activities of other funds and non-profit organizations;
A number of corrupt practices;
Sales of excisable goods and other clearly defined substances;
Compliance with safety standards;
Holding public events and rallies.

A two-year statute of limitations is established for offenses that relate to accounting, budgetary measures, customs relations and currency regulation. For offenses related to the activities and management of political parties, a three-year statute of limitations is applied, and in cases related to the financing of terrorist activities or violation of anti-corruption standards, a statute of limitations of six years from the date of execution of the offense is applied.

The procedure for calculating the statute of limitations for ongoing administrative offenses is different than for ongoing criminal offenses. Regardless of whether the course of a continuing offense has been completed or whether it continues to occur, the statute of limitations is calculated from the moment the commission of such an offense began.

The suspension of the procedure for running and calculating the statute of limitations for administrative offenses also does not depend on whether the person suspected of committing such an offense is hiding from justice or not. And it is allowed only in one case. Such a case is the transfer of the place of consideration of the case regarding the offense at the request of the person suspected of it for consideration at his place of residence. In other situations, no other factors can serve as a basis for stopping the calculation of the statute of limitations.

Separate standards for calculating statutes of limitations and additional restrictions regarding the moment when they begin to be calculated address issues of offenses committed in Antarctica, the use of doping by participants in sports competitions, as well as some other issues relating to government defense orders.

In general, as already stated above, for most administrative offenses a two-month statute of limitations applies, after which a person cannot be held accountable. However, it should be remembered that the application of statutes of limitations is possible both at the initiative of the body conducting the records management and at the request of the person suspected of committing an administrative offense.

How long does it take for an administrative penalty to be lifted?

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How long does it take for an administrative violation to be cleared?

People's Question No. 491

How long does it take for an administrative violation to be cleared?

Expert answers

According to Article 4.6 of the Code of Administrative Offenses of the Russian Federation dated December 30, 2001 N 195-FZ (Administrative Code 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 comes into force until the expiration one year from the date of completion of execution of this resolution.

Those. The person is considered subject to administrative punishment for the period specified in the resolution and plus another year from the date of completion of the execution of the resolution imposing an administrative penalty. After the expiration of this year, the person is considered not to have been subjected to administrative punishment.

When implementing the project, state support funds are used, allocated as a grant in accordance with the order of the President of the Russian Federation dated 04/01/2015 No. 79-rp and on the basis of a competition held by the ISEPI Foundation

Statute of limitations for administrative offenses

Legal regulation of statute of limitations in administrative cases

Duration of administrative punishment

If arrest was chosen as an administrative punishment, the maximum duration of which for administrative offenses can be only 30 days, the total duration of the punishment is still a year.

Exceptions to generally established statutes of limitations

Examples of such exceptions include violations relating to:

Geographical, cartographic and other similar errors or incorrect actions with the relevant registers;
Immigration Law;
Consumer protection;
Insurance legislation;
Procedure for holding elections and referendums;
Investments and activities of other funds and non-profit organizations;
A number of corrupt practices;
Sales of excisable goods and other clearly defined substances;
Compliance with safety standards;
Holding public events and rallies.

After what period is an administrative offense removed?

A situation where the statute of limitations has expired leads to the termination of a case: a person is automatically released from responsibility for the act. Neither filing a claim nor imposing a penalty after the statute of limitations has expired is impossible. The rule does not imply deliberately waiting for the statute of limitations (that is, when a person is hiding from the authorities) in order to avoid liability. Once the fraud is discovered, the unscrupulous person will be punished even after the expiration of this period, since the statute of limitations will be suspended, and after the fugitive driver is found, it will resume. Do you have any questions? Still have questions? Call 8 (800) 777-08-62 ext.

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Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation: An administrative fine must be paid by a person held administratively liable no later than sixty days from the date the decision to impose an administrative fine comes into force, except for the case provided for in Part 1.1 of this article, or from the date of expiration deferment or installment period provided for in Article 31.5 of this Code. What is the statute of limitations for administrative offenses? The entire list is presented in Article 4.1 of the Code of Administrative Offenses. however, it is important to know that this includes violations of fire safety, sanitary standards and traffic rules; two years – the statute of limitations for offenses related to customs and budget legislation; three years – in case of non-compliance with the law on political parties; six years – while countering the fight against corruption and terrorism.

Deadlines for lifting administrative penalties

How long does it take for an administrative offense to be lifted?

reviews: 34 If you are interested in the period during which a fine can be forcibly collected, it is two years from the date of entry into force of the resolution. Thanks for the answer.
reviews: 8,383 As a general rule, after a year has passed, from the moment of execution of the decision on an administrative offense WITH RESPECT, ATTORNEY TORCHIGIN DMITRY SERGEEVICH www.advokat-t.ru tel.
8(495)544-79-59 Personal consultation Thank you for your answer.

Similar questions When does the statute of limitations apply under Article 12.26 Part 2 of the Code of Administrative Offenses?
the offense was 05.11.15... When an application for an administrative offense for causing material damage is filed, the court will in any case or Is the administrative offense removed and after what time Ch. 20.21 Code of Administrative Offenses. Question! How long does it take for an administrative offense, Part 1.Article 6.8, to be lifted?

After what time are fines cancelled?
Lyudmila Peter has already answered you. Evgeniy Aaaaah, what are you talking about? You don’t want to pay fines)))) Well then, Article 31.9. (Administrative Code of the Russian Federation) Limitation period for the execution of a resolution imposing an administrative penalty (On the procedure for calculating the beginning of the period established by part one of Article 31.9, see Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 24, 2006 N 115.) 1. The resolution imposing an administrative penalty is not subject to execution in if this resolution was not enforced within a year from the date of its entry into force.

Expiration of the statute of limitations for an administrative offense

The same time is allocated for imposing penalties for offenses related to the environment, entrepreneurship, taxes, unauthorized lotteries and drawings, and games for money.

Violation of the code in the field of customs, currency transactions, accounting errors, assault on an individual, evasion of alimony, etc. – 2 years.
Within three years, you can apply for protection of rights regarding non-compliance with federal law in the political sphere (for example, refusal to submit a financial report), misappropriation of federal property, unauthorized budgeting. The same time is required to consider cases concerning the bankruptcy of organizations and individuals.
The maximum limitation period is 6 years.

Duration of an administrative offense

How long will an administrative offense last?

When is an administrative offense lifted? question number No. 1916498 read 4013 times Urgent legal consultation 8 800 505-91-11 free

the concept of “removed” does not exist.

Sincerely, Lawyer Zinaida Ivanovna Kultanova, Head. AK "MOSKOVSKAYA", tel. +7 981 813 37 93; e-ru; website: http:advokat-jur.ru;http Personal consultation Zinaida Ivanovna, thank you very much for your answer.

Sorry for the illiterate writing of the question.

Table of contents:

Statute of limitations for traffic police fines
What is the statute of limitations for administrative offenses?
Statute of limitations for an administrative offense
Duration of an administrative offense
Statute of limitations for traffic police fines
Statute of limitations for administrative offenses
Limitation period for administrative violations

Statute of limitations for traffic police fines According to Part 1 of Article 32.2 of the Code of Administrative Offenses of the Russian Federation, payment of the fine must be made within 60 days from the date of entry into force of the resolution.

After what period is an administrative offense removed?

Fexclub.su → Life → Living room → Legal advice Page 2 of 2 ← 1 2 Pele 09/30/2008, 05:07 will the condition be in the database all your life?
potap69 09/30/2008, 05:47 will the condition be in the database all its life? This is how they will clean the base. It is quite possible that it will remain in the database for a long time, but a criminal record is removed after the expiration of the suspended sentence and the person is considered not to have a criminal record. But the fact that he was brought to criminal responsibility will remain. Yes, in our country, probably 10-15% are convicted, 60-70% are punished by the traffic police. However, nothing, everyone lives, works, the process does not stand still. Asterra 03.10.2008, 10:17 Let’s say I have an administrative offense “Drinking alcoholic beverages in a public place”, now will it still be registered with me or will it be written off from me after some time? So to speak, is it possible for my case to be clean... thanks in advance. In accordance with Art.

How long does it take for an administrative offense to be lifted?

Evgeniy Dmitry Maslov, your question is very “interesting”)))) How can we understand this - how long are administrative fines valid? )))) One of the options for understanding this question has already been answered))))) The second option, if you mean during what time the fine must be paid))) From the moment you receive the decision, you have 10 days to appeal it, after after which the resolution comes into force and you have 30 days to pay the fine. And finally, the third option, if you mean the period during which a person is considered subject to administrative punishment))) A person who is assigned 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 appointment of an administrative punishments. Dmitry I am interested in the deadlines for fines for traffic violations.