Sample response to a protocol on an administrative offense

Dictionaries provide the following definitions of the concept “protocol”:

A protocol (French protocole, from the gr. protokollon - the first page of a manuscript) is an official document in which any factual circumstances are recorded (the course of a meeting, procedural or investigative actions, a court hearing). ( One-volume large legal dictionary. 2012 ).

A protocol on an administrative offense is a procedural document drawn up by a specially authorized official in a case of an administrative offense at the stage of initiating proceedings, which has the force of evidence in the case. Protocols on administrative offenses are drawn up by officials of bodies authorized to consider cases of administrative offenses, and by officials included in the special list of the Code of Administrative Offenses of the Russian Federation (Article 28.3). ( Big Legal Dictionary. - M.: Prospekt. A.V. Malko. 2009. )

A protocol on an administrative offense is an administrative procedural document that records the fact of an administrative offense and serves as the basis for initiating proceedings in a case of an administrative offense. Compiled by an authorized official of a state body or public initiative body. ( Big legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukhareva. 2003. )

In what cases is a protocol on an administrative offense drawn up, and when is it not drawn up, but an administrative penalty is immediately imposed?

The general rules governing the procedure for drawing up a protocol on an administrative offense and the requirements for its content are regulated by Article 28.2 of the Code of Administrative Offenses of the Russian Federation. In accordance with Article 28.2 of the Code of Administrative Offenses of the Russian Federation, a protocol is drawn up on the commission of an administrative offense, with the exception of cases provided for in Article 28.4, parts 1 and 3 of Article 28.6 of this Code.

An exception to the above rule is cases of administrative offenses that are initiated by the prosecutor (Article 28.4 of the Code of Administrative Offenses of the Russian Federation). In this case, a resolution is issued, which must contain all the same information specified in Article 28.2. Code of Administrative Offenses of the Russian Federation, as well as the protocol.

Another case is when not a protocol is drawn up, but immediately a resolution in a case of an administrative offense in accordance with Article 29.10 of the Code of Administrative Offenses of the Russian Federation - if directly at the place where an individual committed an administrative offense, an authorized official imposes an administrative penalty in the form of a warning or an administrative fine. True, as follows from Part 2 of Article 28.6. Code of Administrative Offenses of the Russian Federation, if a person disputes the existence of an administrative offense event and (or) the administrative punishment assigned to him, a protocol is drawn up, not a resolution.

And finally, in accordance with Part 3 of Article 28.6 of the Code of Administrative Offenses of the Russian Federation, a protocol is not drawn up, in particular, in the event of an administrative offense provided for by Chapter 12 of the Code of Administrative Offenses of the Russian Federation, recorded using special technical means operating in automatic mode that have photo and photo functions. filming, video recording, or means of photography and filming, video recording... Please note that we are talking about the “automatic mode” of operation of technical means (stationary video cameras). The radar in the hands of a traffic police officer is not one of them. And if you do not admit guilt in speeding, a protocol is drawn up, and not a resolution on an administrative offense with punishment. Subsequently, the authorized official, having examined the materials of the administrative proceedings, including this protocol, will issue a decision.

Refusal to sign the protocol and give explanations. Consequences

As stated above, the requirements for the content of the protocol are regulated by Article 28.2 of the Code of Administrative Offenses of the Russian Federation, in accordance with Part 5 of which, the protocol on an administrative offense is signed by the official who compiled it, an individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated. If these persons refuse to sign the protocol, a corresponding entry is made in it.

Thus, refusal to sign a protocol on an administrative offense will not lead to a positive result for the person held accountable, since the official’s note about your refusal will indicate compliance with the requirements of the law when drawing up the protocol.

In addition, refusal to sign and give your explanations if you do not agree with the offense or punishment charged to you will mean an actual admission of guilt and agreement with the amount of the fine. In this case, as indicated above, the official will draw up not a protocol, but a resolution on the case with the imposition of punishment.

Is it possible to appeal a protocol on an administrative violation?

In accordance with the provisions of Article 30.1 of the Code of Administrative Offenses of the Russian Federation, a decision in a case of an administrative offense or a ruling on the refusal to initiate a case of an administrative offense are subject to appeal.

Article 28.2 of the Code of Administrative Offenses of the Russian Federation does not provide for an appeal against a protocol on an administrative offense.

Thus, appealing a protocol on an administrative offense in accordance with current legislation is impossible, because actions to draw up a protocol do not entail any negative consequences for the person brought to administrative responsibility; such a person is not assigned any responsibilities by the protocol. In accordance with Part 2 of Article 26.2 of the Code of Administrative Offenses of the Russian Federation, the protocol on an administrative offense is one of the evidence in the case.

The prosecutor's decision to initiate proceedings in a case of an administrative offense is essentially a protocol on an administrative offense, and therefore cannot be the subject of an independent judicial appeal.

The decision in the case is subject to appeal. We recommend sample complaints on this topic:

Complaint against a decision on an administrative offense (made by an official or an authorized body), sample;
Complaint against the decision of the magistrate in a case of an administrative offense, sample;
Complaint against a decision in a case of an administrative offense under Art. 12.24 of the Code of Administrative Offenses of the Russian Federation (the decision to bring to administrative liability in the form of deprivation of the right to drive a vehicle, issued by the district court, is being appealed in the regional court);
Complaint against the decision of the magistrate in an administrative case (Article 12.26 of the Code of Administrative Offenses of the Russian Federation);

Returning the protocol on an administrative offense and other case materials to the body or official who drew up the protocol

In what case should the protocol be returned to the official who compiled it?;
The return of the protocol is possible only at the stage of preparing the case for trial;
If, when considering the case on the merits, the court found that the protocol on an administrative offense was drawn up by an unauthorized person? Is the protocol inadmissible evidence?;
Limitation period for administrative liability.

For answers to these questions, see the article “Return of the protocol on an administrative offense and the statute of limitations for bringing charges”

Sample definitions on the return of the protocol

Determination to return the protocol on an administrative offense (Appendix 21 to the Letter of the State Customs Committee of the Russian Federation dated November 18, 2002 No. 01-06/45305)
Determination to return the protocol on an administrative offense. FAS sample (Appendix No. 14 to the Regulations for the preparation and conduct of cases of administrative offenses in the central office of the FAS Russia)

Samples of protocols on administrative offenses

Protocol on administrative violation. FSSP sample. (Appendix No. 134 to Order of the Federal Bailiff Service of Russia dated July 11, 2012 No. 318)
Sample protocol on an administrative offense in the field of traffic in Moscow (Appendix 5 to the Order of the Department of Transport and Development of Road Transport Infrastructure of the City of Moscow dated May 12, 2011 N 61-02-63/1)
Protocol on administrative violation. FAS sample (Appendix No. 6 to the Regulations for the preparation and conduct of cases of administrative offenses in the central office of the FAS Russia)
Protocol on an administrative offense (violation of electoral rights) (Appendix 2 to the Recommendations on certain issues of application of the Code of the Russian Federation on Administrative Offenses by election commissions)
Protocol on administrative offenses in the field of road traffic (Appendix No. 6 to the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety)
Protocol on administrative violation. Rostekhnadzor sample (Appendix No. 1 to Order of the Federal Service for Environmental, Technological and Nuclear Supervision dated September 26, 2014 No. 442)
Protocol on administrative violation. Sample of the Moscow Municipal Internal Affairs Directorate (Appendix No. 1 to the Order of the Moscow Municipal Internal Affairs Directorate of April 28, 2006 No. 261)

A ruling to initiate a case,
a ruling to refuse to initiate a case
regarding an administrative offense

Determination to initiate a case of an administrative offense and conduct an administrative investigation (Appendix No. 16 to the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety)
Determination of refusal to initiate a case of an administrative offense (Appendix No. 17 to the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety)

Protocols for the application of measures to ensure proceedings
in a case of an administrative offense

The most popular protocols (their samples) are given as appendices to the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the execution of the state function of control and supervision of compliance by road users with requirements in the field of road safety:

Alexander Otrokhov, Logos Legal Center, 04/15/2015

Feedback on a case of an administrative offense - sample

If a protocol on an administrative offense is drawn up against an individual, this does not mean that he will necessarily be held accountable. If the document was drawn up incorrectly, then you can file an objection to it in the magistrate’s court or other authorized body. In addition, if an administrative case is initiated, the person held accountable has the right to express his disagreement in the form of a review or complaint about decisions and cases of administrative violations.

Why are objections, reviews, complaints, protests to decisions and cases of administrative offenses necessary?

The protocol contains information about the persons who committed the offense and sets out in detail the circumstances of the violation. It is impossible to appeal this procedural document, but the law allows you to file an objection to it in cases where inaccuracies or contradictions with the norms of substantive and procedural law are found in it.

If the plaintiff in the case has made demands, then the defendant or interested parties have the right, in accordance with paragraph 2 of Art. 2 135 of the Code of Administrative Proceedings (CAS RF) to file your objection to them.

In the event that an official accepts the plaintiff’s arguments in some part or in full, he can draw up his own review.

If an illegal action has been committed against a person or an inaction has been committed, then in order to protect his legal rights he can file a complaint in an administrative case to an authorized authority.

The legislation provides for general and special administrative complaints. A general complaint is submitted by any citizen to an authorized body or a higher official. The special one is distinguished by the procedure for filing, registration and subsequent consideration provided for in the relevant norms and rules of the current legislation.

What does an objection to a protocol on an administrative offense look like?

If an administrative offense has been committed, a protocol is first drawn up against the offender, which will become the basis for initiating a process and issuing an appropriate resolution.

The current legislation gives the opportunity to a citizen against whom a penalty has been imposed to make his own comment on the protocol. It is not easy to do this on your own, since it will not be enough to list the points with which the interested person disagrees, but you must indicate exactly why these provisions of the protocol violate his rights and interests, and the norms of the law.

When is an objection to the protocol drawn up?

An objection to the protocol is drawn up in the following cases:

Violations of procedural issues. If, for example, a police officer, despite the request of the party, did not interrogate and identify witnesses to the incident. This would be a serious violation of procedural rules, which could lead to an incorrect decision in the case.
Material misrepresentation of factual events. This refers to an incorrectly specified place or time, as well as to the presentation of circumstances that did not actually occur.

Note! A record refers to a formal document drawn up by an official in the performance of his duties. That is why there cannot be unverified or incorrect facts in it.

If even a simple mistake was made when drawing up this document, this could lead to either the imposition of an unjustified punishment, or to the unlawful termination of the case and the non-application of preventive measures against the offender. That is why before signing you need to carefully and even several times study this document. After discovering inaccurate or unreliable data, you must immediately, without delaying time, draw up and submit a formal objection.

We must always remember that if false data is discovered, there is a high probability that the subsequently imposed penalty will be canceled in court.

The protocol, in addition to information about the incident itself, may include various diagrams, data from examinations performed, or other arguments. For example, a person accused of committing a traffic violation may question the completeness, reliability and correctness of this information. For example, after an accident, a medical examination of the victim was carried out, which established that he had a mild injury. But the protocol does not substantiate in any way that these particular injuries occurred as a result of an accident. In such a situation, the accused in the case has the right to make his comments on this document. They are drawn up when there are any violations of the rights and legitimate interests of a citizen.

Note! The law does not establish specific deadlines for an individual to submit comments on the protocol. But, based on the meaning of the norms of the CAS of the Russian Federation, it is possible to appeal the entries in the protocol within the two-month period that is generally allocated for the consideration of an administrative case.

Form of objection to the protocol

The objection is drawn up in any form, but the generally accepted structure is followed, including:

information about the judge, administrative body or official hearing the case;
the main violations that were committed by the official when drawing up this document;
a request to the body or official considering the objection;
applications confirming the arguments of the individual who filed the objection;
date of compilation and signature.

A sample objection to a protocol on an administrative violation, which is filed, for example, by an individual entrepreneur, against an official of Rospotrebnadzor, may look like this:

The "header" indicates

To the Rospotrebnadzor department

in the Moscow region

from IP Ivankova A.A.

Residence address:

Objections

on the protocol on administrative offense No. of 2018

On June 1, 2018, a management specialist (full name of the official) drew up administrative protocol No. against me for the sale of goods of inadequate quality under Article 14.4 of the Code of Administrative Offenses of the Russian Federation.

My last name was incorrectly indicated in the protocol (Ivanova, instead of Ivankov). In addition, no one confiscated any goods from me for quality control. The protocol stated that I refused to give any explanations, but in fact no one asked me for any explanations, which the witnesses nearby (my seller and the loader) could confirm. The protocol did not reflect that the official who compiled it explained to me the provisions provided for in Art. 25.1 Code of Administrative Offenses of the Russian Federation procedural rights.

I ask you to take into account these circumstances when considering the administrative case initiated against me.

Ivankova A.A.: (signature)

Objections are sent to the appropriate official, to whom the official who compiled the protocol reports, by registered mail with return receipt requested, or sent in person to the reception or office of this organization. The second copy is kept for yourself.

Writing a review

A response to an administrative claim allows the second party to provide its explanations on the substance of the stated requirements.

Review form

The law does not establish specific requirements for such a document, but, based on practice, the sample response in a case of an administrative offense is similar to the form of the administrative claim itself.

Article 125 of the CAS of the Russian Federation provides that in the response the interested person must indicate:

the name of the judicial authority to which the claim was filed;
details and full names of both parties in the case;
explanations and possible objections that substantiate the position of the second party on the merits of the claims made by the first party;
attachments of documents justifying the position;
date of preparation and signature of the party.

Note! The response must be prepared by analogy with the statement of claim in accordance with Article 126 and paragraph 1 of Part 3 of Article 135 of the CAS RF and sent to all persons participating in the dispute.

Thus, every citizen, as well as an individual entrepreneur or the head of a legal entity, has the right to file objections to a protocol on an administrative offense, a complaint in a case or a response to a claim. All these documents must be drawn up correctly and substantiate your position in them, supporting it, if possible, with appropriate arguments and evidence. This will help the interested person either avoid administrative punishment, or, conversely, bring the violator to administrative responsibility.

How to write a response to a protocol on an administrative violation?

Please tell me how to correctly write a response to a protocol on an administrative violation, namely, that all violations identified in our establishment by the labor inspectorate have been eliminated?

Anastasia, hello. You have the right to write objections to the protocol in any form. Unfortunately, the elimination of the offense by the time the administrative offense case is considered is not a basis for terminating the proceedings, but is a mitigating circumstance and will be taken into account when choosing the type of punishment and the amount of the fine (if a fine is imposed).

The response to the submission is written in any form with the obligatory attachment of certified documents confirming the execution. If the document in the application is on several sheets, it must be bound, numbered, certified with the signature and seal of the organization. When you submit your response, be sure to ask the inspector to sign and date your copy of the receipt. I am attaching a sample example.

Sample objection to a protocol on an administrative offense. Consideration of a case of an administrative offense

Probably, in life, everyone has had to contend with the law, be it receiving a document, complaining about the actions of a government agency, or challenging an adopted legal act. Many people associate the concept of “protocol” with traffic police officers, since in fact this document most often appears in cases of traffic violations. In this article, we will expand your understanding of this term, and also provide effective methods for protecting rights, in particular, we will draw up a sample objection to a protocol on an administrative offense. First things first.

Protocol - what kind of document?

The concept of this document is enshrined in the Code of Administrative Offenses of the Russian Federation. To put it in your own words, a protocol is an official document drawn up by an authorized official, containing information about the essence of the administrative offense. The specified document must indicate the circumstances of its commission, information about the culprit, witnesses, victims, and a specific article of the law regulating liability for the violation.

In everyday life, many people who do not have a specialized legal education often say: “appealing the protocol.” This statement is, of course, incorrect from the point of view of the law, since only a decision made based on the results of an examination of the evidence in the case, including the above-mentioned document, can be challenged.

The protocol serves only the role of recording the circumstances of a specific offense. That is why it is impossible to challenge the presence/absence of source data. In this case, the culprit has the right to file appropriate objections regarding the information contained therein. We’ll talk about how to do this further and consider a sample objection to a protocol on an administrative violation.

Resolution: differences from the protocol

To avoid creating confusion in your head, let's consider the main aspects of these documents.

A resolution is a legal act that ends the resolution of a case of an administrative offense. Contains information about the punishment imposed if a violation occurred.

In the process of issuing this final document, all evidence in the case is examined, the correctness and timing of the preparation of the protocol of the Code of Administrative Offenses of the Russian Federation are studied.

Stage of consideration of the case

Beginning: records the event and circumstances

Ending: describes the established facts, assigns punishment

Persons authorized to compile

Officials, judges

A copy is issued

In practice, there are cases when both a resolution and a protocol are drawn up at the scene of the violation. For example, you are driving a car on the road without insurance. A traffic police officer can draw up both documents at once and impose a fine as a punishment. In this case, the inspector has the right to draw up protocols on administrative offenses and make decisions at the same time. If the culprit does not dispute the violation itself and the circumstances of its commission, then the latter can only issue a ruling.

What are you entitled to?

When drawing up a protocol or resolution, the relevant rights and obligations must be explained to the culprit and other participating persons against signature.

In any case, the culprit or his legal representative can familiarize himself with the above documents, as well as receive copies in hand.

The right to file a complaint against a decision on an administrative offense must be explained.

By virtue of the articles of Chapter 25 of the Code of Administrative Offenses of the Russian Federation, the culprit, like the victim, enjoys a common set of rights and obligations, namely:

providing explanations and evidence;
filing petitions and challenges;
the right to legal assistance and others.

Initiation of a case

The reason is usually the discovery of signs of an offense at the scene of its commission, statements of any persons, messages from law enforcement agencies, the media, video recording.

The case is considered initiated from the moment the protocol, ruling (if an investigation is required) or resolution is prepared.

When a violation of traffic rules causes harm to life or health, an inspection of the site of the administrative offense is mandatory. The protocol is drawn up immediately.

The Code of Administrative Offenses of the Russian Federation also provides that punishment can be imposed without drawing up a document recording the offense. When a warning or fine is applied, a resolution is immediately drawn up.

In difficult situations (antitrust, insurance, patent, etc. legislation), an administrative investigation may be ordered. The period is 1 month, it can be extended. Upon completion, a protocol on the identification of violations is drawn up or the proceedings are terminated.

Further, the consideration of the case of an administrative offense is carried out in accordance with the general procedure.

In these cases, the issue of time is very important.

Thus, a protocol must be drawn up immediately at the scene of the offense. If collection of missing information is required, this process can be delayed for up to 2 days.

If the protocol is drawn up in your absence, subject to proper notice, a copy must be sent to you within 3 days.

The total period for consideration of a case is 15 days, in court - 2 months, with the exception of certain categories of cases (for example, in the field of electoral law).

So, objections to the protocol and a complaint against a decision on an administrative offense must be structured competently and logically. The text of these documents usually contains the following components:

header: indication of the body/official to whom the paper is addressed; Full name and contact details of the person submitting it;
main part: a link to the appealed document with its details, briefly the circumstances of the case, the essence of the offense, reasons for disagreement and arguments based on the law;
pleading part: clear requirements in accordance with legal norms;
attachment: additional documents (if necessary).

This does not mean that your document must strictly follow the above structure. Let’s say that objections to the protocol often lack a clear pleading part, since the general point of view of the guilty person is described.

A competent example of objections to a protocol on an administrative offense is given below.

Let's proceed to a more detailed study of the rules for drawing up the above documents.

As an example, let’s consider objections to the protocol on an administrative offense of Rospotrebnadzor.

To the Office of Rospotrebnadzor

in Ivanovo region

from individual entrepreneur Smirnova V.V.

On December 1, 2012, an employee of the Department drew up a protocol against me under Part 1 of Art. 14.4 of the Code of Administrative Offenses of the Russian Federation for the sale of goods of inadequate quality.

I do not agree with the alleged offense; I believe there is no event of an offense. The expired goods were not on display, but were put away in a specially designated place for subsequent disposal, so the buyer physically could not put these goods in his cart and, accordingly, buy them.

I ask you to take these circumstances into account when considering the case of an administrative offense against me.

This sample is based on objections to the protocol on administrative offense 14.4 of the Code of Administrative Offenses of the Russian Federation. Using this form, you can make a response to the protocol of any inspection organization, including the Federal Tax Service, FAS, etc.

Complaint against the traffic police decision

To the Novgorod district court

from a person brought to administrative responsibility,

Kozlova M.M., date of birth

02/10/2015 by traffic police inspector of the State Traffic Safety Inspectorate for the city of Veliky Novgorod Dmitriev P.A. a protocol was drawn up against me, which stated that while driving a car, I violated the parking rules of clause 13 of the Russian Federation Traffic Regulations, namely, did not comply with the requirements of the sign and the rules for stopping or parking a vehicle in places reserved for the disabled, liability for this is provided for by .2 tbsp. 12.19 Code of Administrative Offenses of the Russian Federation. A decision was made in the case on February 10, 2015, and I was given a punishment - an administrative fine. I believe that I was unjustifiably brought to administrative responsibility; I do not agree with this resolution for the following reasons.

(The following is a list of reasons with links to legislation.)

Based on the above, in view of Art. 30.1, 30.2, 30.7 Code of Administrative Offenses of the Russian Federation,

cancel the decision dated February 10, 2015, and terminate the proceedings.

Copy of the complaint.
A copy of the resolution.
Copy of the protocol.

As you can see, the complaint, unlike objections, is constructed in a strict form with the pleading part highlighted.

At the same time, an appeal to the traffic police against the protocol on an administrative offense can be made during the consideration of the case on the merits.

Pre-trial appeal

Some people think that it is better to go straight to court with their demands. But is this really so?

The Themis Institute, of course, is the latest and most important authority. However, we should not forget about the possibility of a peaceful pre-trial appeal.

In many cases, when officials issue a protocol on an offense, this means that further out-of-court proceedings are pending in the appropriate authority. In this case, you will be assigned a time and place for the hearing of the case, where you must arrive and defend your point of view. It is advisable to present all arguments in writing in the form of objections. This should be done on paper, and not orally, since all materials may subsequently be sent to court for further appeal.

For reliability, you can make an audio recording of the proceedings, but before that you need to make an announcement that a recording is being made and indicate information about the equipment. Only in this case can the file be used as evidence in court.

If the above methods did not help you defend your rights, and the decision of the relevant authority was not made in your favor, then it makes sense to go to court.

Trial

There are cases in which a decision is made only by this body (for which a sanction is possible in the form of deprivation of a driver’s license, suspension of activity, administrative arrest, etc.).

Based on the results, the judge imposes a punishment or terminates the case due to exceptional circumstances.

For other categories of cases, final acts are authorized to be drawn up by bodies that identify these offenses (OVD, prosecutor's office, Rospotrebnadzor, tax inspectorates, customs authorities, FAS authorities, etc.) In such cases, the court considers complaints against these decisions as a second instance.

The Code of Administrative Offenses of the Russian Federation provides that the total appeal period is 10 days. If it is missed, you can apply for reinstatement in court.

The complaint is submitted to the body that issued the decision. It is he who is obliged to send it within 3 days to a higher authority.

Important note: you do not need to pay a state fee.

Based on the results of consideration of the complaint, the court makes a decision, which can also be challenged in a higher authority in the same manner.

Exceptional circumstances

If one of the following initial data is present, then the case is not initiated, and the one started must be terminated at any stage:

there is no event (for example, there was no actual accident, but the car was damaged as a result of a falling stone);
there is no composition (there is no object/subject/objective/subjective side of the violation: the person is under 16 years of age);
emergency situation (the accident was committed to prevent a collision with a pedestrian);
act of amnesty on release from punishment;
termination of the law regulating liability for violation;
the statute of limitations has expired;
if there is already an act issued on the fact of the violation or a criminal case has been initiated;
death of the culprit individual/bankruptcy of a legal entity;
others.

I would like to note that the investigation of these cases is a difficult and time-consuming procedure. Whatever sample objection to a protocol on an administrative offense you find on the Internet, it is clear that it needs to be reworked to suit the specific circumstances of your case. If difficulties arise, it is always better to seek help from a professional lawyer.

Sample response to a protocol on an administrative offense

PROTOCOL 57 OR № 123456

about an administrative offense

October 20, 2014 Orel

(place of drawing up the protocol)

I, the local police commissioner of police department No. 2 of the Russian Ministry of Internal Affairs for the city of Orel, police captain A.S. Petrov. ________________________

(position, name of the internal affairs body, special rank, surname, initials of the officer who compiled the protocol)

drew up this protocol stating that a citizen of the Russian Federation _____________

Date of birth: August 24, 1960

Place of birth : Dmitrovsk, Oryol region

(territory, region, locality)

Place of residence Orel st. Ignatova house 2 apt. 18

Place of work (study), position (telephone number) mechanic at the Proton plant, Orel, salary 7,900 rubles per month

(company name, address, SOGR or other document)

Identification document passport 54 06 No. 123456 issued on April 23, 2007 by the TP Federal Migration Service of the Russian Federation in the Oryol region in the village of Kromy

(document name, series, number, by whom and when issued)

On October 20, 2014 at 10:00 a.m., while on Leskova Street in Orel near No. 105, which is a public place, he committed a violation of public order, expressing clear disrespect for society - he made a scandal in the presence of strangers and used gross obscene language in address Alexandrov S.T. did not respond to the demands of the police officers to stop hooliganism , ______________________________________________________________________________________

(date, time, place and circumstances of the administrative offense)

that is, he committed an administrative offense, liability for which is provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation.

Rights and obligations provided for in Art. 24.2, 24.4, 25.1, 28.2 of the Code of Administrative Offenses of the Russian Federation: get acquainted with all materials of the case, give explanations, present evidence, file motions and challenges, use the legal assistance of a defense lawyer, speak and give explanations in your native language, use the services of an interpreter, as well as other procedural rights, explained to me

signature of the person in respect of whom the protocol was drawn up

Provisions of Art. 51 of the Constitution of the Russian Federation were explained to me

signature of the person in respect of whom the protocol was drawn up

Witnesses, witnesses, (victims):

Rights and obligations provided for in Art. 24.2, 24.4, 25.2, 25.6, 25.7, Code of Administrative Offenses of the Russian Federation, provisions of Art. 51 of the Constitution of the Russian Federation, as well as liability for giving knowingly false testimony (Article 17.9 of the Code of Administrative Offenses of the Russian Federation), it was explained to me:

3. Last name _ Ivanov _______ First name ___ Ivan _________ Patronymic ____ Ivanovich _______

__________________Orel st. Ignatova house 18 sq. 16__ ____________________

4. Last name ______ Petrov ____ First name _____ Peter ____ Middle name ______ Petrovich ____

___________________Orel st. Leskova, 18 apt. 16 ______________

Information about the person who is being investigated for an administrative offense having previously committed administrative offenses:

May 4, 2014 – under Article 20.21 of the Code of Administrative Offenses of the Russian Federation to a fine in the amount of 500 rubles

October 23, 2014 – under Article 20.1 of the Code of Administrative Offenses of the Russian Federation to a fine in the amount of 700 rubles

(date of offense, article, normative act, type and amount of punishment)

Other information necessary to resolve the case (information about verification according to the IBD Region):_________________________________________________

Attached to the protocol: report, explanations, medical protocol _

(report, statement of the victim and other documents attached to the protocol)

Place and time of consideration of the case of an administrative offense:

Police Department No. 2 of the Russian Ministry of Internal Affairs for the city of Orel at the address Orel st. Komsomolskaya 31 __ ___ announced to me:

I apply for consideration of a case of an administrative offense at the place of residence _________________________________________________________

signature of the person against whom the proceedings are being conducted

Signature of the person who compiled the protocol ___________________________________

Signature of the person against whom the case was initiated ______________________

Received a copy of the protocol (handed over to the person against whom a case of an administrative offense has been initiated, as well as to the victim, at their request)

Signatures: _________________________________ _________________________

(signature of the person against whom the case was initiated) (signature of the victim)

A protocol on an administrative offense provided for in Part 1 of Article 20.1 of the Code of the Russian Federation on Administrative Offenses is drawn up immediately after the discovery of an administrative offense. In cases where additional clarification of the circumstances of the case or data about the individual against whom a case of an administrative offense is being initiated is required, a protocol on the administrative offense is drawn up within two days from the moment the administrative offense is discovered.

In cases where a protocol on an administrative offense is not drawn up immediately, but after a certain period of time, the person in respect of whom this protocol will be drawn up must be warned about the place and time of its drawing up. In this case, in accordance with clause 4.1. Article 28.2 of the Code of the Russian Federation on Administrative Offenses in the event of failure to appear by an individual, or a legal representative of an individual in respect of whom proceedings are being conducted for an administrative offense, if they are notified in the prescribed manner, a protocol on the administrative offense is drawn up in their absence . A copy of the protocol on an administrative offense is sent to the person in respect of whom it was drawn up within three days from the date of drawing up the said protocol.

As a general rule, in accordance with Part 1 of Article 28.8 of the Code of the Russian Federation on Administrative Offences, a protocol on an administrative offense is sent to a judge, body, official authorized to consider a case of an administrative offense, within three days from the moment of its preparation. However, if a protocol on an administrative offense, the liability for which is provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation, is sent to the court, then in accordance with Part 2 of Article 28.8 of the said Code, this protocol is sent immediately after its preparation together with the offender.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for the courts when applying the Code of the Russian Federation on Administrative Offenses” determined that the violation of the terms discussed above for drawing up a protocol on an administrative offense and the terms for sending it to the judge, in body or official for consideration is not preemptive . This means that a judge or official does not have the right to refuse to consider the submitted materials solely on the basis of a violation of the deadlines for drawing up or sending for consideration a protocol on an administrative offense. The shortcomings of the protocol that can be corrected when considering the case on the merits are also insignificant. At the same time, it should be remembered that the absence of data directly listed in Part 2 of Article 28.2 of the Code of the Russian Federation on Administrative Offenses, and other information, depending on their significance for this particular case of an administrative offense, will be considered a significant deficiency and, therefore, compiled The protocol will be returned to you.

When drawing up a protocol on an administrative offense, in accordance with Part 1 of Article 29.5 of the Code of the Russian Federation on Administrative Offenses, the offender has the right to petition for consideration of the case materials at the place of residence. When allowing this petition, it is necessary to keep in mind that the Code of the Russian Federation on Administrative Offenses does not oblige the person to indicate the reasons why he is asking for this and to provide evidence confirming the validity of such reasons. However, if a protocol on an administrative offense, the liability for which is provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation, is planned to be sent to the court to resolve the issue of bringing to administrative liability in the form of administrative arrest, then this petition must be rejected, since from the provisions Part 3 of Article 25.1, Part 4 of Article 29.6 of the Code of the Russian Federation on Administrative Offences, it follows that such cases must be considered by the court on the day the protocol on the administrative offense is received and with the obligatory presence of the person against whom the proceedings for the administrative offense are being conducted.

It is the protocol on the administrative offense that is the main document in the case file. It is he who records all the elements of an administrative offense. And the fact that it was filled out by authorized persons. Which then transfer all materials to an official or to the court for consideration. Drawing up a protocol on an administrative offense is an integral part of the procedure for bringing to administrative responsibility. In the hands of a skilled lawyer, an incorrectly drawn up protocol will become the basis for exemption from punishment.

When is a protocol on an administrative offense drawn up?

A protocol during the proceedings is drawn up in most cases. Sometimes it indicates the initiation of a case of an administrative offense. That is, when a reason arises, an authorized officer records the offense and draws up a protocol on the administrative offense. Sometimes it is drawn up after security measures have been taken in the case. Or after an administrative investigation.

Cases when a protocol is not drawn up are reflected in Article 28.6 of the Code of Administrative Offenses of the Russian Federation (CAO RF):

when recording (video-photo) with special technical means (photo and filming equipment, video recording) the fact of a violation in the field of traffic rules or in the field of landscaping. Responsibility for the latter, by the way, is established by the laws of the constituent entities of the Russian Federation. The officer will immediately issue a decision. And without notifying the offender. And he will send such a resolution to the owner (owner) of the vehicle. Or the owner (owner) of the land plot.
when the automated Federal Tax Service system checks information from individuals and legal entities (only under Parts 2, 4, 6 of Article 14.5 of the Code of Administrative Offenses of the Russian Federation). If such information indicates a violation, such person acknowledges the occurrence of an offense and voluntarily fulfilled his obligation. Before the ruling is made. A protocol on an administrative offense is also not drawn up. The decision will be sent by mail.
If an administrative offense is directly detected at the scene, the official will decide to impose either a warning or a fine. True, it must be authorized by law to consider this type of offense. The officer will hand the order to the violator. Or send it by mail.

In all other cases, a protocol on an administrative offense will be drawn up, except for cases initiated by the prosecutor (Article 28.4 of the Code of Administrative Offenses of the Russian Federation).

Contents of the protocol on an administrative offense

Government officials, as a rule, carry with them templates for a protocol on an administrative offense. At the end of the document execution, the offender must receive it in his hands. And then carefully consider whether the order of its preparation and execution has been violated. If so, then a complaint to a government agency or court will be well founded.

So the protocol contains:

date and place of compilation. If during the process of bringing to justice several protocols were drawn up (on removal from management, on sending for examination), the chronological order should be checked. Since it is regulated by the legislation of the Russian Federation;
position (indicating the authority), surname and initials of the person who drew up the protocol (he must be authorized by the Code of Administrative Offenses of the Russian Federation to initiate cases under this article of the Code of Administrative Offenses of the Russian Federation)
information about the person (individual, legal entity) who will be held accountable;
witnesses, victims (if any) – full name, place of residence;
time of commission of the offense
place where the administrative offense was committed
article of the Code of Administrative Offenses or the law of a subject of the Russian Federation that has been violated
explanation of the offender (so far only the suspect)
other information