Rules for filling out a protocol on an administrative offense

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4. 9 rules and one recommendation for filling out a traffic police report: how to fill it out correctly and what to pay special attention to

9 rules and one recommendation for filling out a traffic police report: how to fill it out correctly and what to pay special attention to

If you do not agree , then proceed as follows:

1. Do not get into the traffic police car to fill out a protocol. You have no such obligation. The inspector will not fall apart if he carries a piece of paper weighing 30 grams from his car to yours. Moving yourself into a traffic police patrol car will not mitigate your punishment in any way.
2. When drawing up the protocol, indicate only your place of residence. To all other questions like “where do you work?”, “how much do you earn?” answer like this: “I will provide this information only to the investigator for the interrogation report.”
3. While the inspector is filling out the protocol, take a photo of the place of the “violation”, you can even use your mobile phone if you don’t have a camera with you. 4-6 photos from different angles.

The inspector handed you a protocol to fill out, then proceed as follows :

1) Ask the inspector - “Will they still make entries in the protocol?”
- if “yes”, then return the protocol to the inspector - let him add it. 2) If the inspector has not filled in the “witnesses” column, feel free to put a large Z;
- if witnesses are included, but you do not observe them, demand that they be presented to you;
— if the inspector’s partner(s) are included as witnesses, require them to present their official ID.
Check with the data in the protocol. If your request is denied, call “02” and report a violation by the inspector. 3) In the column “explanation of the person...” it is necessary to make an entry:
“I do not agree with the violation.
Didn't violate any traffic rules. I need the help of a lawyer. There was no plan drawn up." The rest is at your discretion, just short. If you have a DVR, this is a huge plus. Then write: “I have a video recording from the motion recorder”! 4) Do not touch the “attached to the protocol” column.
5) In the column “I have read the protocol...” make an entry: “The rights are not explained,” this is if the inspector did not verbally explain Article 25.1 of the Administrative Code.
Do not ask for decryption yourself. It is advisable that by this moment the memory card in the recorder does not run out, because you will hear a lot of “interesting” things. 6) The column “Please send the protocol...” is filled in when you are in another city (region).
By doing this, you are applying for the documents to be sent from the place of the APN to the place of residence or registration of the car (see Chapter 27 “You violated traffic rules in another city”) 7) After filling it out, separate the copy yourself and put it in your pocket, give the original to the inspector.
After this, we silently endure the inspector’s screams. 8) No additions by the traffic police inspector after your signature.
Supposedly it is necessary to set a time and place for the “debriefing”.
Inspector - You yourself clearly said that you filled out everything. About the place and time of the proceedings - notify me with a summons from the traffic police department. 9) Take your documents and leave. Next, send a complaint against the actions of the IDPS to the prosecutor's office. They don't give you documents? - Call “02”.

RECOMMENDATIONS:

It depends on your correct and deliberate actions when drawing up the protocol whether you will be punished or not.

Do not get into the traffic police car to fill out a protocol. You have no such obligation!

While the traffic police inspector, by the sweat of his brow, is preparing a protocol, do not waste time. Take photographs of the APN site. Later (by choosing 2-3 successful photographs), attach these photos to the complaint to the prosecutor’s office, making sure to fill out Appendix No. 28. At the same time, there is no need to be “ashamed” of the inspector at all - we are talking about collecting evidence for further appeal and releasing you from liability. Feel free to take photographs.

The protocol must be drawn up immediately (Article 28.5 of the Code of Administrative Offenses “Time limits for drawing up a protocol on an administrative offense”), and if you are forced to wait, then on the part of the inspector this is an administrative offense (Article 12.35 of the Code of Administrative Offenses “Illegal restriction of the rights to drive and operate a vehicle ").

If the inspector unreasonably delays the process of drawing up a protocol, then you can politely ask him to draw up a protocol of your detention, making it clear that the inspector has no grounds for detention. And declare your intention to call “02”

Plenum of the Supreme Court of March 24, 2005, paragraph 13 “When considering cases of administrative offenses, the judge must proceed from the principle of the presumption of innocence of the person against whom the proceedings are being carried out, enshrined in Article 1.5 of the Code of Administrative Offenses of the Russian Federation. The implementation of this principle is that a person brought to administrative responsibility is not obliged to prove his innocence; guilt in committing an administrative offense is established by judges, bodies, officials authorized to consider cases of administrative offenses. Irremovable doubts about the guilt of a person brought to administrative responsibility must be interpreted in favor of this person.” This is in theory. In practice, in the administrative process there is no prosecutor, and his functions are assumed by the examiner. The protocol is the main evidence of your guilt (Article 26.2 of the Administrative Code). It largely depends on how it is drawn up: whether you will be punished or not. Whether the inspector is right or wrong is a deep shame for him, because now his monetary income has little bearing on whether he acts legally or not.

The contents of the protocol on an administrative offense are set out in detail in Art. 28.2 Code of Administrative Offenses of the Russian Federation. This protocol indicates: the date and place of its preparation, position, surname, name, patronymic of the person who compiled the protocol, information about the identity of the offender, the place and time of commission and the essence of the administrative offense, a normative act providing for liability for the offense; names, addresses of witnesses and victims, if any.

Once you receive the protocol in your hands, you need to read it carefully.

Any data incorrectly written by the inspector is your further advantage. For example, the last name (place of residence, car brand) is indicated with a grammatical error. Such errors cast doubt on the facts presented by IDPS. Remember that the inspector can snatch the protocol from your hands at any time, rush it, etc. Therefore, make it a rule to fill out the fields in the protocol while sitting in your own car.

Then look at what you are signing for. Find the place where you sign for an explanation of your rights and responsibilities, this column is marked as follows: “I have read the protocol, the rights and responsibilities have been explained to me...”. There is no need to ask the inspector to do this, if the inspector has not explained to you (orally) the rights and obligations provided for in Article 25.1 of the Administrative Code, then instead of signing, write “Rights not explained.” This is a direct indication of a violation of procedural rules. It is not uncommon that, on the basis of such facts, the court does not accept the case for proceedings. The “read on the back” option is not applicable in this case. It is not your responsibility to read them, it is their responsibility to explain them to you! It's a rare inspector who can do this.

In the person’s explanations, it is imperative to write “I do not agree with the violation.” You have the right to put this phrase in Article 1.5 of the Administrative Code “Presumption of Innocence” and Article 51 of the Constitution of the Russian Federation “No one is obliged to testify against himself...”. It doesn’t matter at all that the violation occurred right “in front of” the inspector. It is his responsibility to prove, by legal means, that a violation occurred. Let him work for a salary from our taxes. Later, in a calm atmosphere, preferably with a defender, you will figure out whether there was a violation at all.

The second mandatory phrase in the explanation: “I require the help of a lawyer.”

Another common example of violation of procedural rules. The inspector tells you that you will invite a lawyer to court later, but here and now it is completely unnecessary. Of course, the inspector can be understood; the presence of a legally competent defense lawyer at the scene of the violation means the absence of proposals to “agree” and further headaches when writing reports upon request from the prosecutor’s office on the merits of your complaints. In this case, the inspector is openly deceiving you. Article 25.5 of the Code of Administrative Offenses “Defender and Representative” gives the right to a lawyer to be present. Unfortunately, the law does not regulate the waiting time for your lawyer. If he managed to arrive before you gave the inspector the signed protocol, then good. If not, then in your complaint to the prosecutor’s office, then indicate that the inspector refused to receive legal assistance.

For example, you expect the defender to arrive in 15 minutes. Then you can play for time by slowly filling out the protocol or talking with the inspector about your disagreement with the violation. You should not require a lawyer if you agree with the violation, and writing a protocol and resolution is an empty formality, because this is the procedure for a fine of more than 100 rubles.

The third obligatory phrase in the explanations: “The scheme was not drawn up” if there was none. Otherwise, later the diagram may appear with a comment from the traffic police that you refused to sign. If the diagram is drawn up in one copy, write: “A copy of the diagram is refused.” When charged with driving into oncoming traffic, a diagram with your comments will be a very useful documentary appendix to the protocol.

As an example: an inspector hid one and a half kilometers from a section of the road where overtaking is prohibited. He observes everything that happens through army binoculars, which are in no way a certified device used in military service. And this is a violation of Order No. 185 of the Ministry of Internal Affairs, in particular, Article 46 “The use of technical means not provided for by the standard regulations when controlling traffic is not allowed.”

The use of binoculars is not listed in any instructions. Therefore, this evidence was obtained in violation of the law. When drawing up a diagram, the inspector will have to indicate in which place on the road the violation was committed. It should also indicate where the inspector himself was at that time. And the picture will become clearer. A photo of an inspector with binoculars on his chest is a powerful argument when considering a case in court. The diagram is one type of evidence of your guilt, and its absence is another violation of procedural rules by the inspector.

In addition to the diagram, other documents can be attached to the protocol. For example, the protocol handed over to you for signature has already been completed in full, incl. the date of “debriefing” in the Department of Administrative Practice is indicated. No one forbids you to write a petition to postpone the consideration date. Write down in the protocol that a petition is attached to it. It is unlikely that the inspector will immediately write a ruling that the application is denied and will be able to comply with its form (Article 29.12 of the Code of Administrative Offenses), and the big question is whether he has the right to consider the application. Does his position allow this? An oral definition will not suit you, because... it must be signed by the inspector (clause 29.12 clause 3 of the Administrative Code).

Demand that your passengers be included in the protocol as witnesses. Article 25.6 of the Code of Administrative Offenses states that “any person who knows something about the case can act as a witness in the case.” If the inspector refuses to enter them into the protocol, claiming that they are interested parties, enter them into the protocol in your own hand - in the column “explanation of the person...”. Interested persons under the Code of Administrative Offenses may be witnesses, experts, but not witnesses.

If the inspector did not include his witnesses in the protocol, put Z in these lines. Again, another plus in your favor. But be prepared to listen to him grumble that you shouldn’t have done this. Don't worry - there is no penalty for this. This is only a “mistake” by the inspector. But if the inspector filled out the witnesses column, but there was no real presence, demand that they be shown to you. After refusing this, record this fact in the column “explanations of the person...”. But it’s better to call “02”.

When an inspector presents “dummy” witnesses, he commits a criminal offense under Art. 292 of the Criminal Code of the Russian Federation “Official forgery”. This article provides for liability for an official entering knowingly false information into official documents, in the form of imprisonment for up to two years.

If the inspector, as witnesses, includes his partner (or two) in the protocol, it is imperative that you familiarize yourself with the details of their official ID and check them with the protocol. The catch here is this: the inspector fills out the data of the “witnesses” he had prepared long ago, and he tells you that these are the data of my service partners - and by the way, that’s what they are.

Do not write stories like “I thought it was possible”, “I didn’t comply due to severe frustration”, “I drove quickly because the car is powerful” in the protocol. Express your point of view on the accusation and the actions of the inspector clearly, briefly and concisely. Never write anything in the protocol under the dictation of a traffic police inspector. If you doubt what exactly you need to write, then it’s better not to write anything. Later, it’s better to express your point of view on paper with a lawyer in the form of a complaint to the prosecutor’s office and the traffic police.

Be sure to sign the protocol so that the inspector does not write unnecessary things into it, and immediately, without asking the inspector’s permission, take your copy of the protocol.

Be careful! And neither a nail nor a rod for you!

Rules for filling out protocols

In accordance with Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, a protocol is drawn up regarding the commission of an administrative offense. 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 was initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if any. witnesses and victims, place, time of commission and event of the administrative offense, article of this Code or the law of the constituent entity of the Russian Federation providing for administrative liability for this administrative offense, explanation of the individual or legal representative of the legal entity against whom the case was initiated, other information necessary for resolution of the case.

When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated, as well as other participants in the proceedings, are explained their rights and obligations under this Code, which is recorded in the protocol.

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 the event of failure to appear by an individual, or a legal representative of an individual, or a legal representative of a legal entity in respect of whom proceedings for an administrative offense are being conducted, 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.

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.

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.

A lot depends on how competently and correctly a protocol on an administrative offense or other procedural document in a case of an administrative offense is drawn up, be it a protocol, a certificate, a report, etc., as well as on what this document contains, including and the outcome of administrative proceedings. And there are two outcomes in cases of administrative offense: the issuance of a ruling and the issuance of a ruling.

A decision based on the results of consideration of a case of an administrative offense is made either to impose an administrative penalty or to terminate the proceedings in the case of an administrative offense.

A ruling based on the results of consideration of a case of an administrative offense is made either to transfer the case to a judge, body, official authorized to impose administrative penalties of a different type or amount or to apply other measures of influence in accordance with the legislation of the Russian Federation, or to transfer the case for consideration according to the jurisdiction if it is found that the consideration of the case does not fall within the competence of the judge, body, or official who examined it.

Not sure whether the protocol, certificate, report or other procedural document in the case of an administrative offense has been drawn up correctly? Are your legal rights violated when considering an administrative offense case?

In order to stop such cases, as well as to terminate the case of an administrative offense and avoid liability, you need to clearly know your rights and obligations, as well as be able to apply them in a real situation. The lawyers and administrative lawyers of the Moscow Legal Center “Vector” will help you with this!

What is the procedure for drawing up a protocol on an administrative violation?

A protocol on an administrative violation is a document drawn up by an authorized official, which reflects the event of a violation of the law (offence). What a document is, what information it should contain and how it should be compiled will be discussed in this article.

Protocol on administrative offense

At the legislative level, the protocol on an administrative offense is mentioned in Article 28.2 of the Code of the Russian Federation on Administrative Offenses dated December 30, 2001 No. 195-FZ, which reveals the main essence and uniform rules for drawing up this document. The protocol on an administrative offense requires clarification and inclusion of the following information.

• Day, month, year and locality of compilation.
• Job title, surname, initials of the authorized employee who compiled the document.
• Data about a person or organization that is violating the law (last name, initials, passport details, residential address and registration of the person; legal address, data on the director in relation to the organization).
• Information about victims and witnesses in the case, if any (last names, initials, passport details, residential addresses).
• Information about the offense committed (date, place of commission, essence of what happened).
• Link to the article of the law that was violated.
• Explanations of a person or representative of an organization on the case.
• Other information designed to help comprehensively consider the case.

Writing a protocol on administrative offenses involves providing explanations to an individual or representative of an organization about the rights and obligations of the violator established by administrative legislation. A record of the clarifications received is made in the document being drawn up.

The persons in respect of whom the protocol is drawn up (citizen or authorized representative of the organization) must be familiar with it. If desired, these people can leave a record of their disagreement with the protocol or an explanation of the essence of the text, which is attached to the protocol. The specified document is certified by affixing signatures by the authorized employee who compiled the protocol and the violator (citizen or trusted employee of the organization) in respect of whom the protocol was drawn up. If violators refuse to sign the protocol, this is separately recorded in the document.

The second copy of the protocol on an administrative offense is issued to the person about whom the protocol was drawn up. The person involved signs for receipt of the copy. The victim in the case, if any, also receives a copy. If the person in respect of whom the protocol is drawn up is not present at this event, a copy of the protocol is sent to him by mail. The law allocates 3 days for this.

Deadline for drawing up a protocol on an administrative offense

The time frame for drawing up a protocol on an administrative offense can be divided into 3 groups, depending on the situation. A protocol on an administrative offense can be drawn up:

• immediately;
• within 2 days;
• after an administrative investigation.

Immediately, that is, at the moment a violation of the law is detected, a protocol is written when all the necessary information to fill out the protocol form and clarify the circumstances of the incident has been established. If you need to find out some more information, the law provides for the possibility of drawing up a protocol within 2 days from the date of the established violation. If, due to a violation of the law, an investigation is necessary, then a protocol is drawn up after the investigation.

An administrative investigation is carried out when information can only be obtained through examinations or other procedural actions that take considerable time. An administrative investigation in most cases should not last longer than 1 month. However, in some situations, the possibility of which is specified in paragraph 5 of Art. 28.7 of the Code of Administrative Offenses of the Russian Federation, this period may be extended. If the violation committed requires a longer administrative investigation, the permitted period for drawing up a protocol on the administrative offense may increase to 6 months.

Sample of drawing up a protocol on an administrative offense

There is no single form of protocol on administrative offenses approved by law. Each government agency, with its internal documents, approves the protocol form used in its work. However, in terms of content and appearance, these forms are not much different.

At the top center of the page is the name of the document - “Protocol on an Administrative Offence” and the sign “No”, which requires affixing a serial number when filling out the protocol. Below on the left you need to write the date, month, year of filling out the protocol, and on the right - the place of compilation, that is, the name of the locality where a violation of the law was detected and the protocol was drawn up.

Next, information about the employee drawing up the protocol is recorded (position, surname and initials), as well as information about the person involved. Moreover, if information about a citizen is recorded, then they indicate not only the last name, initials and passport data, but also the address - both registration and actual residence, telephone number, work information. In relation to the organization, the name, legal and postal addresses, the main state registration number (OGRN), as well as the position, surname, initials, details of the document appointing a representative of the legal entity are indicated. As a rule, this role is played by the director, and the document is an order of appointment.

The main place of the protocol on an administrative offense is reserved for the description of the event of the offense committed. Below are empty columns that allow you to write down information about witnesses and victims. The protocol ends with the signature of the offender and a signature with a transcript of the employee who completed the protocol. The person in respect of whom the protocol was drawn up also confirms with his signatures that his rights and obligations were announced, that he has read the protocol and that he has received a copy of the document. Information about receipt of a copy of the protocol is certified not only by a signature, but also by affixing the date of delivery.

Errors in the protocol on an administrative offense

Errors made in the protocol on an administrative offense during registration, according to their significance, can be divided into significant and insignificant. In accordance with the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offenses,” a significant flaw in the document is the absence in the protocol of the information mentioned in Art. 28.2 part 2 of the Code of Administrative Offenses (clause 4 of the Resolution). This means that in the protocol on an administrative offense all columns must be filled out and all the information mentioned above must be recorded.

If the protocol was drawn up in the presence of the violator, then there must be signatures confirming the articulation of rights and obligations, familiarization with the protocol after registration. If the document was drawn up without the violator and there are not sufficient facts about informing him about the date and place of drawing up the protocol, then this will be a significant violation of procedural rights and may lead to the cancellation of the protocol and termination of the proceedings. In general, any error in the protocol, which, in the opinion of the Plenum of the Supreme Court of the Russian Federation, is significant, may lead to the cancellation of the protocol and termination of the proceedings.

IMPORTANT! Any corrections in the protocol, especially in the information listed in Art. 28.2 part 2 of the Code of Administrative Offences, must be certified by the signature of the official drawing up the protocol and the signature of the violator, certifying that he is familiar with these corrections and agrees.

The plenum considers minor errors in the protocol to be all those deficiencies in information that can be compensated for in the process of considering the case on the merits. Minor shortcomings, and this is specifically mentioned in the resolution, also include filling out the protocol in the absence of the offender, if he was duly informed of the date and place of drawing up the protocol, but he did not appear at the appointed place at the specified time for no reason or for an unexcused reason. Spelling errors in the text of the protocol are not significant and do not have consequences, unless, of course, they are errors in surnames.

Imposing punishment without drawing up a protocol on an administrative offense

In some situations, drawing up a protocol on an administrative offense may not happen. If a violation is recorded that does not pose a great public danger and for which punishment is provided in the form of a warning or a fine, then a protocol is not needed.

In accordance with Art. 28.6 of the Administrative Code, drawing up a protocol is not required if a fine or warning is immediately imposed on the spot. This situation requires the issuance of a resolution in a case of an administrative offense, a copy of which is also received by the offender - in person or by mail, if he refuses personal receipt.

But if the violator does not agree with the decision made (with the violation of the law itself or with the penalty applied to it), a protocol on the administrative offense is nevertheless drawn up and attached to the decision.

What is the procedure for drawing up a protocol on an administrative violation?

Recording of violations committed by citizens is carried out by drawing up protocols. Similar situations arise both in violation of legislative acts and traffic rules. The official who will draw up the document must know and follow the procedure for drawing up a protocol on an administrative offense. Such information will also be useful for those violators who may subsequently be held accountable and incur penalties determined in accordance with a certain article of the Code of Administrative Offences.

Drawing up a protocol

The basis for the possibility of drawing up a protocol is:

• Identification of an offense and lack of authority to make a decision regarding a preventive measure immediately after the incident;
• The fact of the offense is disputed by the person accused of it;
• The offender disputes certain points that may have a significant impact in determining the degree of guilt of the person or the penalty that can be used in this case;
• If a person refuses to express his consent or disagreement regarding the fact of the offense and the accompanying circumstances;
• In a situation where the violator is a subject who at the time of the violation was not yet 16 years old;
• If the violator is an official associated with the Ministry of Internal Affairs.

Features of document preparation

With regard to the preparation of the protocol, as well as to further actions that may be carried out on the basis of its contents, Article 28.5 defines the following:

• The document must be drawn up immediately after the official has discovered that a violation has been committed;
• If there is a condition that the official will need to identify additional circumstances of the case, the document may be drawn up a little later. In this case, the maximum possible period must be taken into account. In case of any obstacles, a protocol is drawn up no later than 2 days from the moment of the offense;
• If necessary, to make a decision regarding the guilty person, an investigation is initiated, during which additional circumstances are determined.

Contents of the protocol

When drawing up a protocol, it includes the following information:

• Date and place of compilation;
• Position and full name of the employee who compiled the protocol;
• Information about the person regarding whose offense the document was drawn up;
• The time the violation occurred and the place where it was recorded;
• Reasons why the person was detained. This point can be very important if a violation of traffic rules or other established standards was discovered after the person or vehicle was stopped;
• Other circumstances that may be significant in determining the degree of guilt. This may be the quality of the road surface, the type of intersection, the serviceability of the traffic light that is installed at the site of the violation, the presence of prohibition or priority signs, etc.;
• Information regarding persons acting as witnesses. Reflects their full name and address or other contacts through which they can be contacted;
• Contact details of victims, if available in the specific case under consideration;
• Information about witnesses who took part in the inspection process. If they exist, the procedure for notifying existing rights and obligations must be followed;
• Reflection of the fact of using photo or video filming on both sides. It is carried out by any means and can be used to determine the driver’s guilt or, conversely, his innocence. The received materials must be attached to the protocol;
• Violator's signature. If he does not agree with certain points, it is necessary to make appropriate notes. Otherwise, in order to dispute your guilt, you will have to make a lot of effort. As a refusal to admit guilt, you can reflect the wording “I did not violate the traffic rules, I do not agree with the traffic police inspector”

In parallel with this, it is worth checking whether the diagram of the accident that occurred was indicated, whether the driver’s rights were explained to the driver by the traffic police officer, and whether the testimony of witnesses was included that indicate the person’s innocence.

After an offense is recorded, the case will be referred for consideration and a decision on guilt and the penalty that will be applied to the offender.

If there are errors or omissions in the protocol, they must be corrected within three days from the date of receipt from the judge. Otherwise, the consideration of the case may be postponed or the guilty person will be acquitted due to the lack of factors indicating his guilt.

Witnesses and witnesses

One of the important points when drawing up a protocol is the presence of witnesses, witnesses and the recording of data about them and their testimony in the document being drawn up. Regarding this point, the legislation states the following:

• A person who is legally capable and has reached the age of majority may be invited as a witness;
• The witness bears the obligation to verify in the protocol those events that were recorded in his presence. This may relate to the condition of the driver, the presence or absence of certain items, etc.;
• Any person who is incompetent, who is a stranger to the detainee or is an acquaintance, relative, etc. can act as a witness;
• If the witness is a subject who has not yet turned 14 years old, then communication with him should be carried out exclusively in the presence of a legal representative (parents, guardians). Otherwise, a teacher or psychologist is present.

When considering in what case a witness is needed and who can act as a witness, two essential concepts should be distinguished:

• A witness can only confirm the legality of certain actions or act as a basis for confirming their procedural nature;
• A witness is a person who witnessed what happened and, for his part, talks about what happened. In certain situations, it is permissible to use data provided by traffic police officers as evidence. Such a fact is admissible only later, when the case is already being considered. The protocol itself cannot reflect the testimony of the traffic inspector .

Possible errors when drawing up a protocol

So, these include:

• Intentional delay in drawing up a protocol without the presence of objective reasons;
• Prohibition by a traffic police officer to take photographs or videos;
• Lack of signature in the compiled protocol. This fact indicates that the perpetrator was not familiarized with its contents or that the document was altered after the offense was recorded;
• Failure to provide a copy of the drawn up document to the person in respect of whom it was drawn up. This fact may also indirectly indicate attempts to replace copies or correct content.

So, a protocol on an administrative offense is a document that records the violation itself and contains comprehensive information about the offender, witnesses, circumstances and consequences. Its preparation is carried out by officials who have the authority to do so. In this case, it is imperative to comply with all the rules and regulations governing its registration and the actions taken when a violation is recorded.

Drawing up a protocol on an administrative offense

Content:

Proof of the commission of an administrative offense will be the drawing up of a protocol by an official. These offenses are not as socially dangerous as, for example, criminal ones. However, some of them may qualify as such after review of the protocol. It depends on the degree of harm caused and on how the document is drawn up.

It is important to understand here: an administrative protocol is not an admission of someone’s guilt, but a recording of the circumstances of the offense that occurred with a preliminary legislative assessment. If a report has been drawn up against you, and you consider yourself innocent, you do not need to prove your case on the spot. An experienced lawyer will successfully cope with challenging the facts stated by the official. On your part, all you need to do is describe the circumstances of the situation as accurately and completely as possible.

Don't have time to read the article?

When is an administrative protocol drawn up?

The rules and circumstances of drawing up this procedural document are regulated in great detail by Art. 28 clause 2 of the Code of Administrative Offenses of the Russian Federation. It is important to understand that not only the police draw up protocols and register administrative offenses. These could be Rospotrebnadzor authorities, fire departments, tax inspectorates - in short, various government regulatory structures.

A complete list of officials who have the right to draw up a protocol on administrative offenses is given in Art. 28.3 Code of Administrative Offenses (hereinafter). As a rule, this document is drawn up at the scene of the offense. The law allows other drafting options in two cases:

• if it is necessary to find out additional information about the participants in the incident or about the circumstances of the case - within 2 days;
• if an administrative investigation is carried out - upon its completion.

Based on Art. 28.7, the period for investigating an offense may be extended to six months. Persons involved in the process must be notified of the extension of the drafting period.

How the protocol is drawn up

There is no legally approved form for drawing up a protocol. Each department develops and uses its own template. However, the rules for filling out the forms are the same, regardless of the field of activity of the offender and the official.

Since the circumstances of the administrative offense will be considered on the basis of a written document and punishment will be imposed on the perpetrators, it must be drawn up in as much detail as possible. Therefore, it very accurately indicates the data of the compiler - the authorized person - and everyone involved in the incident. If there are victims or witnesses, their information is also entered into the protocol.

The most important part of the document is the description of the essence of the offense. The authorized person records all the circumstances in detail and at the end of the description provides a list of violated articles of the law.

The protocol provides a separate place for the guilty party to explain the circumstances of the offense or for its version of what happened, in case of disagreement with the official’s version. Additional information from other persons may also be entered: witnesses, colleagues, employees of a direct participant in the incident. The document records a record that the parties have been explained their rights and obligations. The recording is confirmed by the signatures of the parties.

All participants are familiarized with the protocol, who sign the materials contained in the document, recording their accuracy. If any of the participants does not agree with the data, he has the right to express his disagreement in writing. The second copy of the document is handed over to the guilty party against signature.

The protocol is not always drawn up in offices, in a calm, comfortable environment. For example, after an accident, a document is written at the scene of the incident. In such cases, errors are often discovered. If you see incorrectly presented information about an administrative violation, notify the official about this.

Corrections must be made to the text of the document and certified by the signatures of all participants in the events. Any errors in the preparation of the protocol may lead to its cancellation in court and termination of the proceedings. Only spelling and other errors that do not distort information on the case are not considered significant.

Drawing up a protocol of an administrative offense is possible without the participation of the culprit. These are cases when the violator, for example, evades signing. In such situations, it is necessary that guilt be documented. For example, this could be photo or video recording of a traffic accident. Copies of documentary evidence are attached to the protocol. A package of documents is sent to the offender by mail.

Before drawing up and sending a protocol to the culprit, officials send him a notification about the offense or the ongoing administrative check and its results. If there are no facts about the notification of the violator about the execution of the document, this is a violation of his procedural rights.

Do I need to sign a protocol?

Many people, against whom an administrative violation protocol was unfairly drawn up, categorically refuse to sign it. Thus, they make an irreparable mistake. The fact is that refusal to sign, as a general rule, entails an actual admission of guilt. And this automatically implies agreement with subsequent sanctions. In such cases, the authorized person has the right to draw up not a protocol, but a resolution on the case with the imposition of an administrative penalty.

If you refuse to sign, the official will definitely indicate this in the text of the document when drawing it up. And this will be evidence of the legitimacy of his actions. You are given the right to immediately declare disagreement with the above by writing an explanation indicating your position. Subsequently, the administrative case will be dealt with taking into account your testimony.

When a protocol is not needed

Drawing up a protocol is not required when a minor offense has been committed, for which an administrative penalty is immediately imposed: a warning or a fine. In such situations, a decision on the offense and the penalty applied is made on the spot. But if the culprit does not agree with the very fact of the violation or the amount of the penalty, a protocol on the administrative offense is still drawn up.

Automatic recording of a violation made by means of photo or video surveillance does not require drawing up a protocol. The decision on such an administrative violation is sent to the perpetrator by registered mail or in the form of an electronic document - Art. 28.6. clause 3 of the Administrative Code. Cases of administrative offenses initiated by the prosecutor are also formalized without drawing up a protocol - Art. 28.4.

How to protest a protocol

A protocol is a document that contains a description of the violation and the participants in the incident. That is, this is a description of the factual circumstances of the case and one of the evidence of the offense. On its basis, a decision is made to impose administrative liability.

These two documents are the main ones in the administrative hearing. You can appeal the decision itself or the unlawful actions of officials when drawing up the protocol. For example, a ban on introducing objections into the text of a document or a refusal to issue a copy. If the facts stated in the complaint are confirmed, the protocol may be declared invalid.