Rules for drawing up a protocol on an administrative offense of the traffic police

The procedure for drawing up a traffic police protocol on an administrative offense

The content of the article

Each traffic violation detected by a traffic police inspector or recording cameras entails administrative sanctions. To impose a punishment in the form of a fine or deprivation of rights, it is necessary to draw up the primary document about the offense - a protocol on an administrative offense.

In this review, we will tell you what a document about an administrative offense should contain and what requirements for its execution the Code of Administrative Offenses of the Russian Federation provides.

What is a protocol on an administrative offense

The procedure for bringing to administrative responsibility involves a number of mandatory procedural actions. This list also includes drawing up a protocol on an administrative offense. The protocol form is filled out upon the fact of violation of the law or other regulations and contains all the circumstances of the offense:

• place and time of the offense;
• information about the violator of legal norms;
• facts, arguments and circumstances relevant for the qualification of the offense and the imposition of punishment;
• a rule of law that has been violated by a citizen or legal entity.

Note! The protocol cannot contain a conclusion about guilt in committing an offense. This conclusion will be made after assessing all the materials in the case in the decision.

Is a protocol on an administrative offense always drawn up? For certain types of offenses, an oral reprimand is allowed - if the violation is of a minor or insignificant nature. However, this rule does not apply to traffic violations, since each offense entails sanctions in the form of a fine or deprivation of rights.

Who has the right to draw up a protocol on an administrative violation? Depending on the nature of the violation and the type of illegal behavior, identification of violations will fall under the competence of various services and departments. In the field of road safety, such powers are vested in the bodies and officials of the Ministry of Internal Affairs. Consequently, if the car owner violates traffic rules, a procedural document will be drawn up by a traffic police inspector or another official of this service.

Grounds for drawing up a protocol on an administrative offense

The basis for drawing up a protocol form is the identification of a violation of traffic rules. This happens as follows:

Note! When stopped on the road or following an accident, a protocol is drawn up in the presence of the car owner. This allows you to immediately use various defense options - call a lawyer, add objections and additions to the document.

The grounds for drawing up protocol forms must comply with the law. If, when reviewing the case materials, a violation of procedural norms is revealed, the imposition of punishment will be refused. Therefore, a protocol on an administrative offense is drawn up with references to specific provisions of laws and regulations.

Place of drawing up a protocol on an administrative offense

As a rule, the place where the act of administrative offense is drawn up corresponds to the place where the offense was detected. For example, when a violator is detained on the road for speeding, the inspector will immediately draw up all the procedural documents. However, the law also allows other options:

• it is allowed to draw up a protocol on an administrative offense within 15 days after the alleged offense is identified, which allows the document to be drawn up at the location of the traffic police department - for example, if an examination is required to identify violations in the design of the machine;
• to bring to justice based on recordings from recording cameras, documents are drawn up in the automatic processing centers of the Ministry of Internal Affairs - accordingly, all documents will be drawn up in the relevant department of the Ministry of Internal Affairs or the State Traffic Safety Inspectorate.

Note! Regardless of the place and time of drawing up the documents, it is necessary to carefully describe the actual location of the offense - a kilometer of the highway, street and house number, etc.

Requirements for drawing up a protocol on an administrative offense

The procedure for drawing up a document on an administrative offense is regulated by the Code of Administrative Offenses of the Russian Federation. Let us highlight the basic requirements that must be observed by an official or traffic police body when drawing up protocol forms:

• only a person vested with the appropriate powers can draw up procedural documents - for example, a traffic police inspector must be on duty;
• documents must be drawn up in a form approved by law or other regulatory act;
• each protocol must have mandatory attributes - date and document number, a note on clarification of procedural rights, etc.

Note! The potential offender must be familiar with the contents of procedural forms drawn up directly at the scene of the offense. A note must be made regarding familiarization with the text of the document or renunciation of such right.

Even if the fact of a violation is obvious and supported by evidence, violations when drawing up a protocol on an administrative offense will entail a refusal to impose sanctions. A lawyer or lawyer can use such violations when developing defense tactics in a case.

Rules and procedure for drawing up a protocol on an administrative offense

The procedure for drawing up protocol forms will be standard for each case of violation of traffic rules. If a violation of the rules is detected during a stop on the road or when called to the scene of an accident, the following data is indicated in the text of the form:

• series and document number;
• place where the violation was detected and the form was filled out;
• information about the official or body - rank, registration badge number, personal data of the traffic police officer, etc.;
• information about the driver, his driver’s license;
• vehicle registration details;
• information about the MTPL policy (if a protocol on an administrative offense is issued as a result of an accident);
• circumstances of the offense - what traffic rules were violated, what the violation was, the circumstances of the incident, the list of participants in the accident, etc.;
• diagrams of the scene of the incident, if necessary for imposing punishment;
• a note indicating that procedural rights have been explained to the driver and that they have become familiar with the contents of the document;
• a list of objections and additions submitted by the driver and/or his representative;
• official signature with transcript.

Note! The protocol on an administrative offense is signed by the person who compiled it. It is unacceptable to transfer the right to sign to an employee of the Ministry of Internal Affairs or the State Traffic Safety Inspectorate who is not vested with the appropriate powers.

The document number must correspond to the traffic police registration books. When patrolling roads or when processing documents at stationary posts, traffic police officers receive strict reporting forms with numbers printed on them. Violations can only be registered on forms that have mandatory attributes.

The requirements for drawing up a protocol on an administrative offense will differ slightly if the basis is recording from security cameras:

• a printed frame of the recording must be attached to the protocol form, which will record the fact of the violation and the registration data of the machine;
• the car owner is not involved in the execution of the document, therefore his signature is not included in the text of the form;
• objections and additions to such a document can only be submitted in the form of an appeal - the driver is given 10 days from the date of receipt for this.

Regardless of the nature and type of violation, the procedure for drawing up procedural forms provides for the right to defense. The car owner can independently defend his rights or involve a lawyer and lawyer in the case. Refusal to admit a lawyer is a violation of the law and will result in the documents being declared inadmissible.

The rules for drawing up a protocol on an administrative offense are provided for by the Code of Administrative Offenses of the Russian Federation. This document is filled out when traffic violations are detected on the road, after an accident, or based on information from recording cameras. The contents of the form must indicate mandatory data - series and number, date, information about the official, the nature of the offense, etc.

If you have any questions about the procedure for drawing up procedural protocols, you can ask our lawyers. You can quickly get advice by phone or through the feedback form - these details are listed on our website.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

How should a traffic police administrative offense protocol be drawn up and filled out?

An administrative or criminal case is initiated after a protocol on an administrative offense has been drawn up. It is customary to draw it up when the presence of such a violation is discovered by officials.

Exceptions may be those cases provided for in Art. 28.4 (the case was initiated by the prosecutor), and also parts 1 and 3 of Art. 28.6 Code of Administrative Offenses (warnings, fines, camera recordings).

Protocol on administrative offense: general information

The administrative protocol must indicate:

1. the place and exact date of where it was compiled;
2. indication of positions, full name of the person by whom the administrative protocol was drawn up;
3. information about the offender;
4. Full name, registration of witnesses, victims, etc.;
5. the time period and location of the violation;
6. an article of the law of a subject of the Russian Federation, the Administrative Code, which provides for liability;
7. explanations of persons acting as witnesses or involved in the case;
8. any other important information.

Those persons against whom the protocol is being filled out are explained in detail the list of their rights and obligations while filling out the protocol. This is also logged. These persons are required to be familiar with the protocol on the administrative offense; the list of their rights includes the opportunity to write explanations and make additions. A copy of the administrative protocol is given to the person subject to the initiation of the proceedings. It is also given to the injured party.

How does a protocol differ from a resolution on an administrative offense by the traffic police?

Protocol on administrative offense

The protocol is signed by the person who drafted it. Also, the signature is given by a physical person. person or representative in the case on the part of the legal entity. faces. It is possible to refuse to sign the protocol by those persons or their representatives against whom the case was initiated. This is recorded in the protocol.

Please note that the fact of refusal to sign a protocol on an administrative offense is simply documented, but the case still proceeds.

An administrative protocol is drawn up immediately after a violation is discovered. In the event that you need to find out more information about physical the person who is the violator, or other circumstances, then the AP is drawn up no later than 2 days from the time the violation was discovered. If there is an administrative investigation, a protocol is drawn up at the very end.

If a violation is committed, it may be limited to a warning or a fine. AP in this situation does not constitute. The person authorized to carry out such actions issues a resolution. This happens at the place where the violation was committed.

Resolution on administrative offense

That is, a protocol is drawn up in case of challenging the existence of an administrative offense event, and a resolution is drawn up when a citizen admits his guilt. The decision imposes a punishment that can be appealed; the protocol only describes the evidence of the offense. That is, if the driver admits his guilt, then the traffic police inspector has the right to immediately issue a resolution on an administrative violation. You can appeal the decision within 10 days. The protocol must be reviewed by the traffic police commission, and the person for whom the protocol was drawn up must participate in it.

A copy of the decision on an administrative offense is issued against receipt to the person against whom it was issued. The same copy is given to the victim. This is done at his request.

The AP begins to be drawn up when the very fact of the violation event is disputed, admin. punishment, etc.

If the offense is filmed on camera, then an administrative protocol is not drawn up. It is customary to make a decision on a case without the participation of the person who committed the violation.

A copy of the resolution, in this case, is usually sent by registered mail (“chain letter”). The dispatch period is no more than 3 days from the moment the decision was made.

Video: Tricks of the traffic police. Difference between protocol and resolution.

Features of drawing up and filling out a protocol on an administrative offense by a traffic police inspector

1. If a traffic police inspector offers to get into a traffic police car

If you receive an offer to get into a traffic police car to draw up a protocol, then it is you who decide to answer with consent or refusal. There is no legal act that would oblige you to force yourself into a traffic police car in order to begin the process of registering an accident.

2. Witnesses

When there is also a passenger in your car, it would be better for him to get out too. This significantly reduces the risk of attempts to commit any kind of “divorce” and often helps to avoid punishment for actually committing a minor offense. Exceptions, of course, include serious offenses: drunk driving, driving into oncoming traffic, serious accidents, etc.

The presence of a witness forces the traffic police inspector to carefully consider his every word or action. If you are already in the traffic police car, then you can give the witness the opportunity to listen to your conversation completely and without obstacles. The inspector may ask strangers to leave, but you should state that this person is your witness.

You can also refer to and focus on the decree on “Guarantees of the citizen’s rights to information” from the corresponding subsection on “Dictaphones, video cameras and cameras.” Be sure to turn on the sound recording if you have a device with a similar function and such an opportunity.

3. Delays in completing the administrative protocol

Logging must begin immediately. This is required by Article 28.5 of the Code of Administrative Offenses. The delay is already an administrative violation of the traffic police inspector in accordance with Art. 12.35 Code of Administrative Offences. If the process is being delayed without reason, then suggest that the inspector begin drawing up a protocol of detention. This way you will directly hint that the inspector has no reason to detain you.

4. Familiarization with the protocol

Read the protocol handed out with utmost attention and calm. Know that the inspector will try to rush you, and in some situations he will even try to snatch the document from your hands. It is worth reminding the inspector that you have the right to enter your explanations, and such actions of the inspector can be interpreted as a violation against you.

• in the subparagraph “explanations of the person” it is better to write: “I do not agree”;
• if there are no diagrams or other drawings drawn up, then indicate “The diagram was not drawn up.” This excludes the fact that the scheme will be subsequently added to the protocol by the traffic police inspector himself, who may record “The vehicle driver refused to sign the AP.” If the diagram was drawn up, but there is only one copy, then indicate: “I was not given a copy of the diagram”;
• Before signing the diagram, indicate: “I do not agree.” It is compiled very approximately; there are no necessary measurements, reference to the terrain, etc. Your disagreement with this is quite logical.

5. They did not include witnesses in the protocol on an administrative offense

When you have passengers with you, it means you also have witnesses. If witnesses refuse to be included in the AP, insist on being included. The inspector may refuse, justify the refusal by the fact that these persons are interested, etc.

In this case, in the explanation to the protocol on the administrative offense, write: “I strongly ask you to take into account the fact that the IDPS refused the request to include witnesses in this protocol. It is possible that he was afraid that the witnesses would tell everything truthfully. I couldn’t find any other reason for refusal.” If there are no witnesses nearby, you should put “Z” in this column so that witnesses are not found “randomly”.

6. Submit a petition

Video: How to submit a petition when drawing up an administrative protocol of the traffic police?

Remember that you have the right to file a petition to have the case considered where the vehicle is registered, and also at your place of residence. It would be better to submit a petition before signing a protocol on an administrative violation. Have your own petition forms ready to hand and be prepared for such situations. This way you can gain extra time and calmly understand the situation, seek help and adhere to the recommendations of a lawyer.

If you know what to write about and are already writing explanations on the spot, but there is not enough free space in the protocol, then you can use a separate sheet. The protocol contains a column “explanations of the person.” In it you need to write that you attached these explanations to the protocol and on a separate sheet of paper. It is better to make notes on such a separate sheet of paper “as a carbon copy”, which you prepared in advance. It should always be nearby in an easily accessible place in your car.

The next step is to find the place in the protocol where you need to sign that the traffic police inspector clarified your responsibilities and also clarified your rights. If he either evaded explanations, or received an offer to familiarize himself with them where they are written on the reverse side of the protocol, then instead of signing, put dashes or the word: “No.”

Any other important and necessary documentation can be attached to the protocol in a similar way. The main thing is that you need to record this in the protocol.

7. We receive a copy of the protocol

The final stage is a proposal from the traffic police inspector to sign the protocol. Before signing, you must clarify the possibility of picking up a copy of it. If the inspector answers negatively, then the reason should be clarified and refer to the fact that a protocol on the administrative offense has already been drawn up and the inspector has already signed it.

The traffic police inspector, who is located in the traffic police car, does not have the right to draw up a protocol. If you were stopped by one inspector at the very moment when the second was recording the violation of another driver, then it turns out that he physically could not observe the violation for which you were stopped. It is worth emphasizing this fact for everyone. This is a very important point.

Comments

Before teaching tricks about the difference between a protocol and a resolution, re-read the Code of Administrative Offenses of the Russian Federation.
Everything is correct, the traffic police officer said in this case that if you do not agree with the fine imposed, a protocol is drawn up in addition to the resolution. Read: part 1 art. 28 of the Code of Administrative Offenses of the Russian Federation: A protocol is drawn up on the commission of an administrative offense, except for the cases provided for in Article 28.4, parts 1 and 3 of Article 28.6 of this Code. Part 1 of Article 28.4 If, directly at the place where an individual commits an administrative offense, an authorized official imposes an administrative penalty in the form of a warning or an administrative fine, a protocol on the administrative offense is not drawn up, but a resolution is issued in the case of an administrative offense in accordance with the procedure provided for in Article 29.10 of this Code. Part 2 of Article 28.4 If a person against whom a case of an administrative offense has been initiated disputes the existence of an event of an administrative offense and (or) the administrative punishment assigned to him, a protocol on the administrative offense is drawn up, which is attached to the one issued in accordance with Part 1 of this article to the resolution.
A necessary legal prerequisite for imposing an administrative penalty without drawing up a protocol is the commission of an administrative offense that does not pose a significant public danger, for which the sanction of the relevant article of the Special Part of the Code of Administrative Offenses provides for administrative punishment in the form of a warning or an administrative fine, calculated in an amount that is a multiple of the minimum wage, and imposed in the amount specified in part 1 of the commented article (all cases of imposing an administrative penalty without drawing up a protocol are considered in the commentary to the articles of the Special Part of the Code of Administrative Offenses). When an individual commits administrative offenses in the field of road traffic, the specified person is issued a resolution - a receipt, the details of which are established in Part 1 of Art. 32.3 Code of Administrative Offences. Part 1 of Article 12.2 of the Code of Administrative Offenses of the Russian Federation 1. Driving a vehicle with unreadable, non-standard or installed in violation of the requirements of the state standard state registration plates, except for the cases provided for in Part 2 of this article,
entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.
Because The size has already been established by law; we are guided by Article 28.6 of the Code of Administrative Offenses of the Russian Federation.

The procedure for drawing up a traffic police report on an administrative offense

The procedure for drawing up a traffic police report on an administrative offense is regulated by the Code of Administrative Offenses of the Russian Federation (Chapter 28) and other documents.

The Code details the drafting algorithm, deadlines, as well as information that must be included in the protocol. The necessary explanations are provided for individuals and company representatives.

If a protocol is drawn up against a driver who is suspected of violating traffic rules, the motorist must be familiarized with the document.

Let's consider the rules for drawing up a protocol on an administrative offense and other important details that will help the motorist understand whether the procedure for drawing up a document is legal and whether there are violations.

What is a protocol and when is it drawn up?

This is a procedural document that is drawn up by an authorized official in the presence of an administrative offense. The document does not yet prove the appearance of the motorist, it only reflects information about what happened.

The protocol is the basis for further issuing a decision on an administrative violation.

Order of the Ministry of Internal Affairs of Russia dated August 23, 2017 No. 664 “On approval of the Administrative Regulations” stipulates that the traffic police protocol is drawn up by an official of the traffic police department and other authorized persons.

Reasons for drawing up the protocol:

• The traffic police inspector draws up a protocol if he has identified a violation, but cannot consider the case of this offense, since the consideration of this case is beyond his competence;
• the existence of an offense is disputed by a person who is suspected of a violation, or in the event of a refusal to sign the relevant signature in the decision on the offense;
• the offense was committed by a minor who has reached 16 years of age;
• an administrative offense has been identified that does not entail a warning committed by a sergeant major, sergeant and other officials.

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 is considered to be initiated from the moment when a protocol of inspection of the crime scene is drawn up.

Article 28.5 regulates the time frame for drawing up a protocol on an administrative offense:

• the document is drawn up immediately, i.e. immediately upon discovery of a violation;
• if there is a need for additional clarification of the circumstances of the offense or other information, the protocol is 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 of the Code.

An investigation is carried out when information can only be obtained after conducting examinations or other actions that take a certain time. The investigation should usually not last longer than a month.

Let's consider the basic requirements for drawing up a protocol.

Information that must be included in the protocol

The document 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).

The following information is also entered (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, lighting of the section of the road on which the violation was committed;
• 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.

Article 28.2 (clause 2): the protocol also indicates the full name, address of witnesses and victims, if any.

In the protocol, the inspector must indicate the statements of the 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 photographs and videos and other methods of recording material that can prove the guilt or innocence of the driver. The received materials are attached to the protocol.

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

If the form has empty fields, they must be filled in by writing Z. Then unscrupulous traffic police officers will not be able to enter 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 an employee indicated the word “violator” everywhere, it must be corrected to “driver”;
• whether the motorist's witnesses were included.

The driver has the right to request that the hearing on his case be postponed to a more convenient date . You can move the place of consideration when the driver was detained in a foreign city.

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).

Article 28.8 of the Code regulates the following: “The protocol 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.”

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

If there are errors in the protocol (for example, the article for the offense is not indicated), the shortcomings must be 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 were corrected.

Witnesses and witnesses

Are witnesses needed? The need for witnesses is regulated by Article 25.7. So who can be an attesting witness? Any competent and adult person who is not interested in the outcome of the case is involved as a witness.

The witness must certify in the protocol with his signature the fact of the commission of actions and their content in his presence, as well as the result. The fact of the participation of witnesses in the paperwork, as well as their comments, is recorded in the protocol.

A witness may be (Article 25.6):

• any capable person, even a close relative;
• the witness may know the circumstances of the case;
• a minor (who is under 14 years old), but in the presence of a teacher or psychologist (if necessary, the survey is carried out in the presence of a legal representative).

The witness must come to court when summoned by a judge or other official and testify. His comments are also recorded in the minutes.

How many witnesses should there be? At least two.

The witness confirms the fact of the procedural actions, and the witness is an eyewitness to the events who is able to talk about them.

Can a traffic police officer be a witness when drawing up a protocol? There is no direct prohibition in the regulations on the involvement of traffic police officers as witnesses.

But the fact of involving a traffic police officer who is subordinate to the official drawing up the protocol as a witness is unacceptable.

This state of affairs will give every reason to doubt the objectivity of such evidence. Official interest or other reasons may lead to giving deliberately false testimony.

When does the alleged offender need to get out of the car?

Is the driver required to get into a traffic police car to draw up a report? The inspector may ask the driver to get out of the vehicle in the following cases (Order of the Ministry of Internal Affairs No. 664 of August 23, 2017):

• identifying signs of driver intoxication or illness;
• to conduct a personal search, inspection, inspection of the vehicle and cargo;
• perform a reconciliation of vehicle numbers and components with information in registration documents;
• for the participation of the driver in procedural actions, to provide assistance;
• if it is necessary to eliminate a technical malfunction of the vehicle;
• if the driver's behavior poses a threat to the safety of the inspector.

The document also regulates that the driver can get into a patrol car or go into an office building if his presence is required to draw up procedural documents.

Protocol violations

Sometimes a document can be declared invalid if errors were identified during the preparation of the protocol on the offense, as well as a violation in the order of drawing up.

A person against whom a case has been opened for an administrative violation must carefully monitor what information is entered into the protocol by the inspector.

The traffic police officer should not delay in drawing up the protocol . The document is drawn up immediately (exception: Article 28.5, paragraphs 2 and 3).

If the inspector delays the compilation unlawfully, this fact can later be used in court as a defense. It is better to record the entire process on camera, which will help identify any violations of the procedure.

If the inspector has not explained the rights and obligations to the citizen, the appropriate box must be marked “I do not agree.” Sometimes even such a mark is enough to challenge the legality of the protocol.

If gross factual errors were made during the preparation, and they can be proven in court, the protocol will be declared invalid. Be sure to put a dash or “Z” in each empty space.

The inspector must also provide a copy of the report to the driver. If a traffic police officer does not enter the testimony of declared witnesses or witnesses into the protocol, this is a violation.

If a traffic police inspector invites citizens who were not at the scene of the incident at the time of the offense to testify, and also invites them to sign a protocol, such actions can be seen as signs of a crime being committed.

Any corrections in the document must be certified by the signature of the official who draws up the protocol and the signature of the detainee. So the latter certifies that he is familiar with the correction and agrees.

Assignment of punishment without protocol

The protocol is not drawn up in the following cases:

• punishment in the form of a warning or a fine is imposed at the place where the administrative offense was committed, and the driver agrees with his guilt;
• The violation was recorded by security cameras that operate automatically.

A protocol is a document drawn up by an authorized official, which reflects the event of an offense. The driver must ensure that all protocol requirements have been met.

Usually drawn up immediately, but also within two days or after the end of the administrative investigation.

Drawing up a protocol is preparation for consideration of the case, and the motorist must carefully read what information the traffic police inspector entered into the protocol.

Remember: Article 1.5 of the Code of Administrative Offenses of the Russian Federation regulates that a person against whom proceedings are being conducted for an offense cannot be considered guilty until his guilt is proven in court. Nothing obliges a citizen to prove his innocence.

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

More than half of all drivers have at least once encountered the process of drawing up a protocol. If you belong to the minority who have missed this fate, then be on alert - sooner or later, it will still affect you. But in order for you not to fall flat on your face, I suggest you read this article. In it we will tell you how a protocol should be drawn up correctly, what information it should contain, how it differs from a resolution, and much more.

How does a protocol differ from a traffic police resolution?

A protocol is a procedural document that is drawn up in the presence of some event or an administrative offense. We are enclosing for your review a sample protocol on an administrative offense of the traffic police.[protocol]

It is filled out by the inspector who detected a violation of traffic rules in your actions. However, it is worth noting that the drawn up protocol does not mean that your guilt has been proven, since when drawing up a protocol on an administrative offense, the inspector may commit gross procedural violations that will lead to the termination of the case. That is, the drawn up protocol is the beginning of your struggle with the inspector, namely preparation for the consideration of your case.

The grounds for drawing up a protocol on an administrative offense are:

identification of an administrative offense, if the consideration of the case of this administrative offense is not within the competence of the employee;
challenging by the person against whom the case has been initiated the existence of an administrative offense and (or) the administrative punishment imposed on him;
identification of an administrative offense committed by a minor who has reached the age of sixteen;
identification of an administrative offense that does not entail a warning, committed by a sergeant, sergeant major, soldier, sailor undergoing military service on conscription, or a cadet of a military educational institution of vocational education before concluding a contract with him for military service.
If these grounds exist, it should be taken into account that a protocol on an administrative offense can be drawn up within two days from the moment the administrative offense is detected if additional clarification of the circumstances of the case or information about the person against whom the administrative offense case is being initiated is required.
When making a determination to initiate a case of an administrative offense and conduct an administrative investigation (paragraphs 202 - 204 of these Administrative Regulations), a protocol on the administrative offense is drawn up at the end of the administrative investigation.
(as amended by Order of the Ministry of Internal Affairs of Russia dated August 13, 2012 N 780) The protocol on an administrative offense, drawn up after the imposition of an administrative penalty, contested by the person against whom the case of an administrative offense was initiated, is attached to the relevant resolution (clause 121 of these Administrative Regulations), which may be appealed in the manner prescribed by Chapter 30 of the Code. (paragraph introduced by Order of the Ministry of Internal Affairs of Russia dated August 13, 2012 N 780)

Paragraph 109 of the Order of the Ministry of Internal Affairs of March 2, 2009 No. 185

But there are also exceptions, which are specified in Part 1 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation.

A protocol is drawn up on the commission of an administrative offense, except for the cases provided for in Article 28.4, parts 1 and 3 of Article 28.6 of this Code. (as amended by Federal Laws dated July 24, 2007 N 210-FZ, dated July 18, 2011 N 225-FZ)

Part 1 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation

It also happens that the protocol was drawn up with significant errors. For example, if the inspector did not indicate the article under which the administrative offense was committed, then such a protocol is declared invalid and the person is relieved of all responsibility in this case. It should also be noted that absolutely all witnesses must be indicated in the protocol, even taking into account that the column in the form will not be enough for this.

The resolution is the result of consideration of the administrative protocol. You can familiarize yourself with it by looking at a sample traffic police resolution in a case of an administrative offense. [decree]

If the violation was minor, then it can be made “on the spot”; in case of gross violations, a decision is made by the court, and it can be either against you or in your favor.

Traffic police protocol on administrative offense

Good afternoon, dear reader.

A protocol on an administrative offense is a procedural document that can be drawn up by a traffic police officer when a violation of traffic rules is detected.

Compared to a resolution on an administrative offense, a protocol is a more complex document.

In this article you will learn:

In what cases is a protocol on an administrative offense drawn up?

142. The grounds for drawing up a protocol on an administrative offense are:

• identification of an administrative offense if the consideration of a case regarding this administrative offense is not within the competence of the employee;
• challenge by a person against whom, in accordance with Part 1 of Article 28.6 of the Code, a case of an administrative offense has been initiated, the existence of an event of an administrative offense and (or) an administrative punishment imposed on him or refusal of the corresponding signature in the resolution on the case of an administrative offense;
• identification of an administrative offense committed by a minor who has reached the age of sixteen;
• identification of an administrative offense that does not entail a warning, committed by a sergeant, sergeant major, soldier, sailor undergoing military service on conscription, or a cadet of a military educational institution of vocational education before concluding a contract with him for military service.

The protocol must be drawn up in the following cases:

1. If the case of violation of traffic rules cannot be examined by a police officer. For example, cases of violations involving deprivation of rights are considered only by judges. Accordingly, they require the mandatory preparation of a protocol.

2. The driver does not agree with the traffic violation. This is another popular situation. If the driver does not agree with the inspector, then instead of the decision (or together with it) a protocol is drawn up.

An important difference between a protocol and a resolution is the presence of the field “explanation of the person against whom the case was initiated.” In the protocol you can indicate your own vision of the situation. In this case, you need to use links to paragraphs of traffic rules and other regulatory legal documents.

Since the final decision to impose punishment will be made on the basis of the protocol, you must carefully fill out the “explanation of the person” field.

3. Violation of traffic rules by minors. This is possible, for example, when driving vehicles of category M or subcategory A1.

4. If the violation was committed by a sergeant, sergeant major, soldier, sailor, cadet.

The procedure for drawing up a protocol on an administrative offense

The protocol on an administrative offense must contain the following data (Article 28.2 of the Code of Administrative Offences):

2. The protocol on an administrative offense shall indicate the date and place of its preparation, the position, surname and initials of the person who compiled the protocol, information about the person against whom the case of an administrative offense has been initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if there are witnesses and victims, the place, time of commission and event of the administrative offense, an article of this Code or the law of a constituent entity of the Russian Federation providing for administrative liability for this administrative offense, an explanation of the individual or legal representative of the legal entity against whom the case was initiated, other information, necessary to resolve the case.

The protocol must indicate:

• Date and place of compilation.
• Traffic police officer details.
• Driver details.
• Data from witnesses and victims.
• Place and time of traffic violation.
• The event of an administrative offense and the article of the normative document providing for liability.
• Driver's explanation.

The text of the protocol is filled in by the traffic police officer (except for the “driver’s explanation” field). After drawing up the document, the driver should have the opportunity to familiarize himself with it:

4. An individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on the administrative offense. These persons have the right to submit explanations and comments on the contents of the protocol, which are attached to the protocol.

In addition, the driver can supplement the protocol with his own comments, which must be attached. Please note that if any fields or lines are left blank in the protocol, then put dashes in them. This will protect you from entering data into the document that is not in your favor.

After completing the protocol, it must be signed by the driver and the traffic police officer.

Note. The driver must fill out the explanation field and then sign the protocol . For some reason, in practice, many drivers refuse to sign the document. I don't know what they are thinking about at this moment. However, the absence of even a basic explanation leads to the fact that the matter is not decided in their favor.

If the driver refuses to sign the protocol, a corresponding note is made in the document. This does not make the protocol invalid. There is simply no explanation or signature from the driver.

After drawing up the document, the driver receives a copy of it (Article 28.2 of the Administrative Code):

6. The individual or legal representative of the legal entity against whom a case of an administrative offense has been initiated, as well as the victim, is given a copy of the protocol on the administrative offense against signature.

Deadline for drawing up a protocol on an administrative offense

The deadline for drawing up the protocol is regulated by Article 28.5 of the Code of Administrative Offenses:

1. A protocol on an administrative offense is drawn up immediately after the discovery of an administrative offense.

2. If additional clarification of the circumstances of the case or information about an individual or information about a legal entity is required in respect of which a case of an administrative offense is being initiated, a protocol on the administrative offense is drawn up within two days from the moment the administrative offense is discovered.

3. In the case of an administrative investigation, a protocol on an administrative offense is drawn up upon completion of the investigation within the time limits provided for in Article 28.7 of this Code.

In practice, when violating traffic rules, the first paragraph of the article is usually used, i.e. the protocol is drawn up immediately . However, if necessary, the preparation may be delayed.

Appealing a protocol on an administrative offense

Drawing up a protocol on an administrative offense initially provides for the possibility of appealing it.

However, if you are going to appeal the document, get down to business right away:

First , collect evidence of your own innocence. Make audio and video recordings of your communication with the traffic police officer. Take photographs of the location of the violation, including road infrastructure (signs, markings), your car, the traffic police vehicle and other important details. You can learn more about collecting evidence by listening to the audio course “Secrets of communication with the traffic police.”

Secondly , fill out the “Driver Explanations” field. First of all, write the phrase “I disagree” in it. After that, write down how things really were. Finally, write that you have photographs, audio and video recordings from the scene.

In addition, do not forget to cross out empty spaces in the protocol to prevent unauthorized addition of information.

Thirdly , prepare for an investigation by the traffic police (or court). Analyze the situation carefully again. Print out the clauses of the regulatory documents related to it. Check the correctness of the protocol and look for possible filling errors.

If you feel that it will not be possible to appeal the protocol on your own, then seek help from a competent lawyer or describe the situation on the pddclub.ru forum. Perhaps experienced people will be able to pay attention to those points that were missed by the driver.

In conclusion, I would like to note that the protocol is not so difficult to challenge. The main thing is to be prepared for such a development of events and promptly begin collecting evidence in your defense.