An example of filling out a protocol on an administrative offense

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

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

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

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

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

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

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

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

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

Refusal to sign the protocol and give explanations. Consequences

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

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

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

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

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

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

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

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

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

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

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

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

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

Sample definitions on the return of the protocol

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

Samples of protocols on administrative offenses

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

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

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

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

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

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

Sample of a completed protocol on an administrative offense

Hello, in this article we will try to answer the question “Sample of a completed protocol on an administrative violation.” You can also consult with lawyers online for free directly on the website.

Thus, when recording an offense, it is necessary to reflect in detail all events and information about persons associated with the administrative offense.

An administrative violation occurs when four elements are present:

object of the offense;
subject of the offense - individuals, officials who have reached the age of 16, possessing signs of sanity, as well as legal entities;
the objective side of the violation - signs of an act, its consequences;
the subjective side of the violation - intent, unintentional actions that led to the fact of the violation.

In some cases, the act committed by the offender is subject to a thorough investigation, taking into account all the circumstances of the incident. There may be a need to conduct examinations, procedural measures, and research at the scene of the commission or detection of an offense, which will require considerable time.

Completed administrative violation protocol

Inaccuracies in this document may be significant or insignificant. The first includes the absence of information specified in Art. 28.2. Part 2 of the Administrative Code. This means that in the protocol you must fill in all the fields and indicate all the data that was mentioned earlier.

Who has the right to draw up a protocol on an administrative offense under traffic rules? This right is vested in traffic police inspectors. All corrections in the document are certified by the signature of the official who filled out the form. The violator also signs, confirming that he is familiar with the corrections. Such filling standards are mandatory for everyone.

Thus, according to Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation, protocols on administrative offenses are drawn up by officials of the bodies authorized to consider cases of administrative offenses in accordance with Chapter 23 of the Code of Administrative Offenses of the Russian Federation within the competence of the relevant body.

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.

If a person against whom an inspection is being carried out in a case of administrative violation refuses to sign a document, then a corresponding note is made on it. The offender and the victim each receive a copy of the protocol against receipt.

The protocol must contain information about:

place, date, time of compilation;
name of the position, full name of the person who issued it;
information about the individual or legal entity against whom an administrative case has been opened;
information about the victim, indicating his full name, registration (residence) address, in relation to a legal entity - name, legal address and other details;
information about the administrative violation, with a detailed description of the act and an indication of the article of the Law that was violated;
information about witnesses, if any.

If a violation is recorded that is socially dangerous and for which a warning or fine is imposed, then a protocol is not required.

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 example of a protocol on an administrative offense

The site contains a wide variety of agreements, contracts, agreements, statements, acts, accounting and financial documents, questionnaires, powers of attorney and many other samples that may be required in the life of every person. Thank you for your participation.

Code of Administrative Offenses this work is performed by:

Officials of bodies who are required by law to consider administrative offenses.
Federal executive authorities - police, tax officials, officials for control in the financial and budgetary sphere.
Members of election commissions, persons from the penitentiary system, security agencies.
Local government bodies.

This means that if, for example, exact information about when the offense was committed or the location of the offense is not indicated, or the commission of actions that led to an administrative offense are not proven, then such a protocol does not correspond to the letter of the law.

The paragraph about the explanation of what happened is filled out briefly and concisely by the detainee. The form has two or three blank lines. They are very important. They need to write down a phrase that the lawyer will then insist on when appealing the decision or in court. One possible sentence: “I categorically disagree with the accusations, they are illegal.”

Exceptions under which a protocol is not drawn up

The accused must be explained his rights and obligations, after which a determination is made. Availability of general information about the service posted in the media in 1. To take into account all aspects of this procedure, you need to study the current process. Spelling errors are not considered significant and have no consequences if they are not in surnames.

Approximately 50 percent of drivers in the Russian Federation have encountered the unpleasant process of drawing up a protocol. If you belong to the other half, then be careful. Sooner or later this will affect you too. To take into account all the nuances of this procedure, it is necessary to study the current process.

To draw up the protocol, your presence is necessary, therefore you must be notified so that you know about the date of drawing up the protocol before it is actually signed. If, however, the document was compiled without you, then the authorized person must send it to you within three days from the date of preparation.

To understand the mistake made by the authorized traffic police body, the driver must understand the process of drawing up the document. As Article 26.2 of the Code of Administrative Offenses states, the protocol is considered the main evidence of the guilt of the driver of the vehicle. Therefore, based on the rules for implementing this procedure, it depends on whether the driver will receive a fine or not.

I would like to draw your attention to the fact that the protocol itself cannot be appealed, because it only records the offense. But you can prove that the document does not comply with procedural rules of law.

The document belongs to the “Protocol” group. We recommend that you save the link to this page in your social profile or download the file in a format convenient for you.

Protocol on an administrative offense sample filled out by a district police officer

In this article, we will look at the procedure for drawing up an administrative protocol, or, to be more precise, the question of whether it is legal for a traffic police officer to draw up a protocol and then issue a resolution in a case of an administrative offense?

Such situations are far from rare, especially in small cities and towns. Typically, the procedure for drawing up an administrative protocol is often violated in practice.

This aspect is regulated by Law 195-FZ, as well as Article 28.2 of the Code of Administrative Offenses. The document provides for complete information about the violation of the law committed, for which the culprit must be held accountable. The person who is accused has the right to challenge the official's decision in court.

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.

In cases where a protocol on an administrative offense is not drawn up immediately, but after a certain period of time, the person in respect of whom this protocol will be drawn up must be warned about the place and time of its drawing up.

When drawing up a protocol on an administrative offense, in accordance with Part 1 of Article 29.5 of the Code of the Russian Federation on Administrative Offenses, the offender has the right to petition for consideration of the case materials at the place of residence.

Having a sample objection in hand, you can draw up a complaint in accordance with the law of the Russian Federation. If you attach additional materials that prove your innocence, the court will make a positive decision regarding you.

Law No. 195-FZ provides for cases in which a resolution on a case is formed by a competent employee without drawing up a protocol on an administrative violation. The composition of the information indicated in the protocol on an administrative offense is regulated by clause 2 of Art.

If desired, take a second sheet of paper and write down what the disagreement is. A note is made about the application: “continued on the second page.” On the second sheet, the same “header” is written as on the first, indicating the article of the Code of Administrative Offenses. The main text can contain any disagreements with the actions of traffic police representatives or police officers.

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The familiarization procedure is also mandatory, regardless of whether the signatory agrees with the protocol itself and the essence of the explanations on the case mentioned in the document.

The failure of individuals and legal entities in respect of whom a case of administrative violation has been initiated, with due notification, does not prevent the drawing up of a protocol in their absence. In this case, the document must be sent to the offender within 3 days from the date of registration.

Only someone who has been granted this right by the legislator can create such a document. As a rule, these are law enforcement officers and government agencies checking the legality of the companies’ actions.

The use by owners and drivers of vehicles and other road users of the measures provided for by federal law, which are aimed at confiscating a driver’s license, operating a vehicle, or using it. The administrative fine is 2,000 rubles (for individuals) and 20 thousand rubles (for legal entities).

When drawing up a protocol in relation to an individual or organization, it is necessary to provide explanations regarding the rights and obligations of the perpetrator, about which there should be a corresponding entry in the document.

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.

The administrative violation protocol documents the fact of the incident, allowing the case to be initiated. The process of drawing up a protocol is strictly regulated by the provisions of the Code of Administrative Offenses of the Russian Federation and Law No. 195-FZ, adopted in 2001.

Appealing a protocol on an administrative offense

The main part of the protocol is the description of the event. Below are empty sections where data about witnesses and victims is recorded. At the end, the signature of the violator and the originator is placed. The citizen for whom the document was drawn up confirms with his signature that his rights and obligations were explained to him, and he was provided with a copy of the document. Information about receipt of a copy is certified by a signature and the date of delivery.

The protocol is described in Art. 28.2 Code of Administrative Offenses dated December 30, 2001 No. 195-FZ. The law reveals the essence and rules for drawing up the document.

Pay the fine according to the administrative violation protocol number

When interviewing a minor witness under the age of fourteen, the presence of a teacher or psychologist is required. If necessary, the interview is conducted in the presence of the legal representative of the minor witness. An administrative violation report is issued when traffic rules are not followed. The decision on this is announced by the authorized body. If it was compiled without the offender, then a copy of it with attached photos and video material is sent to the person at the specified address. Based on this, an administrative violation act is issued immediately after the fact of the violation.

Protocol on administrative offense

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

When is a protocol on an administrative offense drawn up?

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

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

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

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

Contents of the protocol on an administrative offense

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

So the protocol contains:

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

Important! When filling out the protocol, the employee is obliged to explain the rights. This includes the right to a defense attorney (representative), the right to file petitions, and to become familiar with the case materials. And including the protocol itself. Bring your comments on the text of the document and the actions of employees. And so on.

Administrative protocol form of the traffic police

Protocol on administrative offense form FSSP

Protocol on administrative offense Rospotrebnadzor

Administrative protocol Rostechnadzor

Presentation and signing of the protocol

After the employee explains the rights, listens to the offender and draws up a protocol, he signs it. And it gives the offender the opportunity to sign it. And here again it is important, if there are comments, to reflect them in the document. Enter in the boxes next to it. Yes, at least on the reverse side. If you simply refuse to sign, the employee will simply fill it out. That the person (representative of the organization) refused to sign the protocol.

A copy of the protocol on the administrative offense must be given to the offender. Upon receiving his signature. Again, you can refuse. But the authority will send the protocol by mail only if they notified the violator about the preparation of the document. But he didn't show up. Within 3 days from the date of publication of the document, a copy of it will be sent to the address of residence.

What to pay attention to when receiving a protocol on an administrative violation

All errors that the protocol will contain have a different impact on the prospect of appeal. Typically, courts divide them into essential and non-essential. And from this they make a decision - to cancel or leave in force. And at the stage of consideration of the case - whether to make a decision or not.

The court may recognize a significant error in the protocol if the employee did not record some mandatory information (contents of the protocol). Including an explanation of rights (where the signature of the violator or refusal to sign should be). The biggest mistake would be the lack of reliable information about the notification of the offender.

Any corrections and additions to the protocol must be certified. And not just an employee. But also a violator. Otherwise, demand that such records be declared invalid.

Spelling and syntactical errors in the protocol on an administrative offense do not play a big role (this is not about spelling surnames, first names, patronymics).

Sample documents for the work of the Administrative Commission

1) An act of refusal to receive a decision to impose punishment in a case of an administrative offense. Download>>>

2) Application to initiate enforcement proceedings. Download>>>

3) The ruling on the return of the administrative protocol

offense and other materials on the case. Download>>>

4) A ruling on summoning persons (a) in a case of an administrative offense. Download>>>

5) A ruling on the appointment of a time and place for the consideration of a case of an administrative offense. Download>>>

6) Determination to transfer the protocol on an administrative offense and other case materials for consideration according to jurisdiction. Download>>>

7) Resolution to terminate proceedings in a case of an administrative offense. Download>>>

8) A ruling to bring an individual (legal representative of a legal entity) in respect of whom proceedings are being conducted for an administrative offense. Download>>>

9) A ruling to suspend the execution of a decision to impose a fine in a case of an administrative offense. Download>>>

10) Determination to extend the period for consideration of a case of an administrative offense. Download>>>

11) Determination on the installment plan for the execution of a decision to impose a fine in a case of an administrative offense. Download>>>

12) Determination on the correction of typos, typos and arithmetic errors. Download>>>

13) A ruling on the request for additional necessary materials in the case of an administrative offense. Download>>>

14) Determination of refusal to satisfy the petition. Download>>>

15) Decree on postponing the consideration of the case of an administrative offense. Download>>>

16) Determination to defer the execution of a decision to impose a fine in a case of an administrative offense. Download>>>

17) Resolution on the imposition of administrative punishment. Download>>>

18) Resolution to terminate the execution of a decision in a case of an administrative offense on the imposition of an administrative penalty. Download>>>

19) Submission to eliminate the causes and conditions that contributed to the commission of an administrative offense. Download>>>

20) Protocol on the consideration by the administrative commission of a case of an administrative offense. Download>>>

21) Protocol on an administrative offense against a legal entity. Download>>>

22) Receipt for familiarization with rights and obligations. Download>>>

A complete set of sample documents (rar). Download>>>

How to fill out a protocol on an administrative offense sample

Hello, in this article we will try to answer the question “How to fill out a sample report on an administrative offense.” You can also consult with lawyers online for free directly on the website.

The notice is sent to inform the potential violator that proceedings will be conducted against him. Issuing a notification is possible for remote examination of the document. It also provides explanations for violators.

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.

Form of the protocol on administrative offense

If the case requires a lengthy or complex clarification of the circumstances, the period may be extended to 6 months.

The following information must be included in the document:

place and date of document preparation;
Full name and position of the protocol compiler;
passport details of the person who committed the violation,
information about injured citizens, if available;
Names and addresses of witnesses, if any;
links to articles of law that were violated;
description of the violation: its essence, place and time of commission, fact of establishment of the violation;
references to violated clauses of the law;
explanations received from the offender;
other information relevant to the case and which may be useful.

The document necessarily records not only the facts of the offense, but also the penalty recommended for imposition in the resolution.

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.

When is a protocol on an administrative offense drawn up?

But usually a decision is made on the basis of a previously completed protocol. That is, the protocol establishes the fact of an offense, and the resolution imposes punishment.

This documentation is drawn up when a violation of the law is detected in two samples. One of them is issued to the person in respect of whom the violation was recorded.

So the protocol contains:

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

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.

An example of a protocol on an administrative offense

Responsibility for the latter, by the way, is established by the laws of the constituent entities of the Russian Federation. The officer will immediately issue a decision. And without notifying the offender. And he will send such a resolution to the owner (owner) of the vehicle.

Any corrections and additions to the protocol must be certified. And not just an employee. But also a violator. Otherwise, demand that such records be declared invalid.

Code of Administrative Offenses of the Russian Federation, if a person disputes the existence of an administrative offense event and (or) the administrative punishment assigned to him, a protocol is drawn up, not a resolution.

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.

When drawing up a sample document, the official indicates to the violator his rights and obligations, which are established by Art. 28 and other articles of Federal Law No. 195, as well as the Code of Administrative Violations. The violator can read the text and sign accordingly, or he can write that he does not agree with the fact of its composition.

It is worth understanding that the Code of Administrative Offenses does not leave the possibility of challenging this document. The fact is that it is only the basis for initiating a case. In other words, in it the official only expresses his own opinion regarding the violation committed. Accordingly, the period for appealing the protocol on an administrative offense is an irrelevant issue.

You need to pay attention to the presence of such features: the presence of witnesses, refusal to give explanations on the part of the violator, a laconic description of the violation itself.

Officials of state bodies within their competence have the right to write a protocol. The protocol has a standardized form, a sample of which is available on the Internet. The writing and preparation of such a document must occur immediately after the discovery of an offense.

The document can be drawn up in case of an attack on public order, on the life and health of citizens, in case of violation of the rules of operation of individual vehicles, in case of violation of traffic rules, threat to the environment, etc.

Orel near no. 105, which is a public place, committed a violation of public order, expressing clear disrespect for society - he created a scandal in the presence of strangers and used gross obscene language against S.T. Aleksandrov.

This means that a judge or official does not have the right to refuse to consider the submitted materials solely on the basis of a violation of the deadlines for drawing up or sending for consideration a protocol on an administrative offense. The shortcomings of the protocol that can be corrected when considering the case on the merits are also insignificant. A protocol is drawn up on the commission of an administrative offense, except for the cases provided for in Article 28.4, parts 1, 1.1 and 3 of Article 28.6 of this Code.

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.

Antipyretics for children are prescribed by a pediatrician. But there are emergency situations with fever when the child needs to be given medicine immediately. Then the parents take responsibility and use antipyretic drugs. What is allowed to be given to infants? How can you lower the temperature in older children? What medications are the safest?

The document is signed by the person who compiled it, as well as by the violator. A copy is given to the person against whom the case was initiated.

If this person is absent when drawing up the documentation, then one of the samples is sent to him by mail within three days.

The traffic police officer himself must also give explanations to the violator, but he can do this orally. The document itself only mentions the fact of giving such clarifications.

So, as soon as possible (i.e. immediately), documentation is issued when all the necessary information is known due to the clarification of the circumstances of the incident. If it is necessary to determine additional information, the period will be two days. If an atrocity has been committed that requires a more detailed investigation, the period can even be extended to six months.

The main text indicates the place and time of the offense, the event itself, the article of the Code of Administrative Offenses that was violated, and the explanation of the offender. The protocol can be drawn up in relation to both an individual and a legal entity. When writing it, the violator must be given oral explanations about his rights and obligations. This is noted in the protocol.

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.

List of offenses that are most often committed in our country:

Exceeding the speed limit. It is regulated by Article 12.9 of the Administrative Code and is punishable by a fine of 500 to 5,000 rubles. In some cases, the driver is deprived of his license for up to a year.
Failure to use seat belts. For an adult, the fine is 1,000 rubles. It can reach 100,000 rubles if a child under 12 years old was not wearing a seat belt, and the owner of the vehicle was an organization.
Violation of the rules of improvement of the city, district, region. This could be parking on the lawn, polluting roads, asphalt, or throwing garbage in the wrong place. Regulated by Article 1.3.1 of the Code of Administrative Offences. The fine is up to 3,000 rubles;

Protocol on administrative offense - sample

If a detention occurs on the spot, it is necessary to indicate in the act who needs to be notified about this. This could be relatives or a lawyer. Phone numbers and names of those who can help are recorded.

If the violator is not present when the protocol is drawn up, then a copy is sent to him by mail (3 days are given for this from the date of preparation). If a violation is committed that is punishable by a fine, the protocol must be accompanied by details to be entered into the payment document when paying the fine.

To do this, the authorized person draws up a resolution, which is handed over to the offender against signature (Clause 1 of Article 28.2).

Contents of the protocol: rules for drawing up

The GARANT system has been produced since 1990. The Garant company and its partners are members of the Russian Association of Legal Information GARANT.

List of offenses that are most often committed in our country:

Exceeding the speed limit. It is regulated by Article 12.9 of the Administrative Code and is punishable by a fine of 500 to 5,000 rubles. In some cases, the driver is deprived of his license for up to a year.
Failure to use seat belts. For an adult, the fine is 1,000 rubles. It can reach 100,000 rubles if a child under 12 years old was not wearing a seat belt, and the owner of the vehicle was an organization.
Violation of the rules of improvement of the city, district, region. This could be parking on the lawn, polluting roads, asphalt, or throwing garbage in the wrong place. Regulated by Article 1.3.1 of the Code of Administrative Offences. The fine is up to 3,000 rubles;