Protocol on administrative offense requirements for registration

Article 28.2. Protocol on administrative offense

Information about changes:

Federal Law No. 210-FZ of July 24, 2007 amended Article 28.2 of this Code

Article 28.2. Protocol on administrative offense

See comments to Article 28.2 of the Code of Administrative Offenses of the Russian Federation

Information about changes:

Federal Law No. 290-FZ of July 3, 2016 amended Part 1 of Article 28.2 of this Code

1. A protocol is drawn up on the commission of an administrative offense, except for the cases provided for in Article 28.4, parts 1, 3 and 4 of Article 28.6 of this Code.

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.

3. 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.

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.

4.1. 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.

5. 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, as well as in the case provided for in Part 4.1 of this article, a corresponding entry is made in it.

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.

Question 277. Protocol on an administrative offense: requirements for registration, grounds for recognizing it as inadmissible evidence.

Question 277. Protocol on an administrative offense: requirements for registration, grounds for recognizing it as inadmissible evidence.

A protocol is drawn up on the commission of an administrative offense, except for the cases provided for in Art. 28.4, parts 1 and 3 of Art. 28.6 Code of Administrative Offenses (Article 28.2. Code of Administrative Offenses).

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 an administrative offense, article of the Code of Administrative Offenses or the law of a 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 to resolve 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 the Code of Administrative Offenses, which is recorded in 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. In case of refusal of these persons to sign the protocol, as well as in the case provided for in part 4.1 of Art. 28.2. Code of Administrative Offenses, a corresponding entry is made therein.

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.

Evidence in a case of an administrative offense is any factual data on the basis of which the judge, body, official in charge of the case establishes the presence or absence of an administrative offense event, the guilt of the person brought to administrative responsibility, as well as other circumstances of significance for the correct resolution of the case (Article 26.2 of the Code of Administrative Offenses).

These data are established by the protocol on an administrative offense, other protocols provided for by the Code of Administrative Offenses, explanations of the person against whom proceedings are being conducted for an administrative offense, testimony of the victim, witnesses, expert opinions, other documents, as well as testimony of special technical means, material evidence.

It is not permitted to use evidence in a case of an administrative offense obtained in violation of the law, including evidence obtained during an audit during the implementation of state control (supervision) and municipal control.

When considering a case of an administrative offense, the evidence collected in the case must be assessed in accordance with Art. 26.11 Code of Administrative Offenses, as well as from the point of view of compliance with the requirements of the law when receiving them (part 3 of Article 26.2 of the Code of Administrative Offenses) (Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5).

A violation that entails the impossibility of using evidence may be recognized, in particular, by obtaining explanations from a victim, a witness, or a person against whom proceedings are being conducted for an administrative offense, who were not previously explained their rights and obligations under Part 1 of Art. 25.1, part 2 art. 25.2, part 3 of Art. 25.6 Code of Administrative Offenses, Art. 51 of the Constitution of the Russian Federation, and witnesses, specialists, experts were not warned of administrative liability, respectively, for giving knowingly false testimony, explanations, conclusions under Art. 17.9 of the Administrative Code, as well as a significant violation of the procedure for appointing and conducting an examination.

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Home » Judicial issues » Protocol on an administrative offense: requirements for registration

Protocol on an administrative offense: requirements for registration

If an offense has been committed, then in order to initiate consideration of the case, a special document must be drawn up.

Protocol on administrative violation, a sample of 2019 of this document can be found later in the article. The execution of such a document is regulated by Art. 28.2 of the Code of Administrative Offenses of the Russian Federation (Federal Law No. 195 of December 30, 2001).

Content:

When is the protocol drawn up?
What are the deadlines for registration?
Content
Compiled by
Traffic police protocols on administrative violations
Objection and appeal

When is the protocol drawn up?

The right to draw up this document to reflect the fact of a violation is vested in persons with appropriate authority.
The protocol can be drawn up in the name of a citizen or legal entity. The law allows for the drawing up of a protocol even in the absence of the violator. A protocol is drawn up whenever a violation is established. The following cases are exceptions:

1. For a violation committed, a fine or warning is provided right at the place of its commission. 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).

2. Violation of the rules of safe movement on the roads was recorded by automatic equipment or by means of photo and video recording.

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. Violators by law have the right:

receive all possible explanations about your rights and obligations in this case on the basis of Federal Law No. 195;

after drawing up, familiarize yourself with the protocol;

After review, sign the completed protocol or refuse to sign it, indicating the grounds for refusal.

The person responsible for its preparation must also sign the protocol.
The document is drawn up in two copies: according to the number of parties involved in its preparation. 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.

In what time frame is registration allowed?

The protocol is drawn up on the spot, at the moment of detection of a violation of the law (Clause 1, Article 28.5 of Federal Law No. 195), which is practiced if all the circumstances of the case and the participants have been established.
If there are circumstances that require clarification, the document can be drawn up no later than two days (clause 2 of article 28.5).
If the case requires a lengthy or complex clarification of the circumstances, the period may be extended to 6 months.

Contents of the document

The information included in the text of the protocol becomes the evidence base in the case during its subsequent consideration (clause 2 of Article 28.2 of Federal Law No. 195), therefore there are certain requirements for this document.

The protocol is drawn up according to a standard form; you can download a sample to fill out here.

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 established procedure for compiling this type of documentation requires that the age of the offender be accurately indicated, since there are some age restrictions when punishing.
For example, punishment is possible only after a citizen reaches 16 years of age. The marital status and dependents are indicated, since when deciding on the amount of the fine, the financial situation and total income are taken into account.

It is necessary to note the presence of violations committed earlier. Their absence becomes a mitigating circumstance.

Pay special attention to the description of the circumstances of the case: an incorrect description can lead to incorrect classification of the offense, and therefore to inadequate punishment.
After completion of the procedure, the protocol is signed by the parties. Example of filling out the form:

You can download a fully completed sample protocol on an administrative offense here

Who makes up

Chapter 23 of Law No. 195-FZ establishes the circle of officials who have the authority to draw up such documents.
Such persons include employees:

• federal executive authorities and their divisions;
• regional authorities, the list of which is approved by each subject of the federation.

For example, a protocol can be drawn up by judges, police officers, tax inspectors, customs officers, and executive authorities. Representatives of public organizations do not have this right.

Protocols on administrative violations

All legislative norms related to road safety rules are reflected in Chapter.
12 Federal Law No. 195. Violation of the rules in this case usually does not require drawing up a protocol; the traffic police officer issues a resolution at the place where the violation was committed. If the violator is not present when the resolution is drawn up, then a copy is sent to him with photo and video evidence attached.
A fine is usually required to be paid as punishment for breaking the rules.

If this is not done on time, a new penalty may be imposed. In addition, failure to pay a fine may cause some troubles, for example, making it impossible to travel abroad. Therefore, it is better to pay the fine immediately.

Sometimes there is confusion with fines. To avoid this, you can check information about the presence of debts on various resources on the Internet. Information can be found by car number or decree, as well as by car documents.

Objection and appeal

If you disagree with the protocol drawn up, the citizen has the right to write a complaint addressed to the superior officer of the person who compiled the protocol.
You can also appeal by filing a claim in court. The text of the complaint must describe the essence of the case, provide arguments and references to the violated articles of legislation.
The deadline for filing a complaint is 10 days. An objection may be issued if the following circumstances arise:

the protocol was drawn up in violation of the established procedure;

the protocol contains inaccurate information, for example, an incorrect date, place or description of the event;

sources of information or examination results are unreliable.

Even one of these grounds gives a citizen the right to write an objection.
A ready-made objection form can also be downloaded online. The person against whom the report was drawn up has the right to give his own version of the incident. To do this, the compiler of the protocol is obliged to fill out the “Explanations” paragraph in the text of the document, where all the information from the words of the violator is entered. He should also carefully study all the information included in the protocol, make sure that all free lines of the document are marked with dashes in order to avoid the appearance of invalid information there.

Protocol on an administrative offense: requirements for registration, grounds for recognizing it as inadmissible evidence

The protocol on an administrative offense is a procedural document that serves as the basis for initiating proceedings in a case of an administrative offense, since this document records the fact of the commission of the relevant violation.

A protocol is drawn up in almost all cases of offenses. The Code of Administrative Offenses establishes exceptions to this general rule. Firstly, cases of certain categories of administrative offenses are initiated only by the prosecutor, who makes the appropriate decisions in accordance with Art. 28.4 Code of Administrative Offences. Secondly, part 1 of Art. 28.6 of the Code of Administrative Offenses provides for cases when an administrative punishment in the form of a warning or a fine is imposed at the place where the offense was committed, where the procedural registration of the relevant actions that do not require drawing up a protocol takes place, and Part 1.1 of the Code of Administrative Offenses - cases when the consideration of cases of administrative offenses, assignment and execution administrative penalties are carried out in the manner established by Federal Law dated October 2, 2007 No. 229-FZ “On Enforcement Proceedings”. A protocol is not drawn up when an offense in the field of road traffic is detected using special technical means or means of photography, filming, and video recording operating in automatic mode.

Article 28.2 of the Code of Administrative Offenses contains a list of data required to be indicated in the protocol on an administrative offense. Thus, the protocol indicates the date and place of its preparation, 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 there are witnesses and victims. Information about the identity of the violator is established from the documents he has. In the absence of identification documents, the necessary information can be checked at the address bureau, as well as at the place of residence and work (study) of the offender using the telephone. In order to establish the identity of the offender, delivery and administrative detention of the person, personal search, search of things, vehicles and seizure of things and documents are allowed. It is important to pay attention to the fact that the presence of witnesses is not a prerequisite for drawing up a protocol, as is sometimes believed by individuals involved in the consideration of cases of administrative offenses.

The place, time of commission and event of the administrative offense are also subject to indication in the protocol on the administrative offense. Recording the place where the offense was committed is necessary, since, as a general rule, a case of an administrative offense is considered at the place where it was committed. An indication of the time of commission of the offense is important due to the fact that a decision in a case of an administrative offense can be made no later than two months (in some cases - no later than one year) from the date of commission of the offense. A detailed description of the event of the offense committed is necessary for the correct qualification of the offense.

The protocol indicates an article of the Code of Administrative Offenses or the law of a constituent entity of the Russian Federation, providing for administrative liability for this administrative offense.

The explanation of the individual or legal representative of the legal entity against whom the case has been initiated, and other information necessary to resolve the case, are recorded in the protocol, since the presence of these explanations is one of the sources of evidence in the case. Based on the explanations of the offender, we can conclude that he is guilty of the crime and identify circumstances that mitigate responsibility, for example, sincere repentance or strong emotional disturbance that contributed to the commission of the violation.

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 case of failure to appear of the person against whom proceedings are being carried out for an administrative offense, or his representative, if they are notified in the prescribed manner, a protocol on the administrative offense is drawn up in their absence. In this case, a copy of the protocol on the 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 and early violation 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 the indicated persons refuse to sign the protocol, as well as in the event of their failure to appear, a corresponding entry is made in it.

A copy of the protocol on an administrative offense is handed over against signature to the individual or legal representative of the legal entity against whom the case of an administrative offense has been initiated, as well as to the victim.

If, when considering a case of an administrative offense, the protocol on an administrative offense plays a dominant role, then when considering the case by an arbitration judge, the protocol acts as one of the pieces of evidence that may be considered inadmissible (rules for establishing the shortcomings of the protocol on an administrative offense in terms of the completeness of the study of the event of the offense and information about the person who committed it, as well as compliance with the procedure for drawing up the protocol, see Resolution of the Plenum of the PC of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for the courts when applying the Code of the Russian Federation on Administrative Offenses”).

A significant drawback of the protocol is the lack of data directly listed in Part 2 of Art. 28.2 of the Code of Administrative Offences, and other information depending on their significance for a given specific case of an administrative offense (for example, the lack of data on whether the person against whom the case of an administrative offense has been initiated speaks the language in which the proceedings are being conducted, as well as information on the provision of an interpreter when drawing up the protocol, etc.).

Insignificant are such shortcomings of the protocol that can be corrected when considering the case on the merits, as well as violations of the established Art. 28.5 and 28.8 of the Code of Administrative Offenses, the deadlines for drawing up a protocol on an administrative offense and sending the protocol for consideration to a judge, since these deadlines are not preemptive, or drawing up a protocol in the absence of a person against whom a case of an administrative offense has been initiated, if this person was duly informed about the time and place of its preparation, but it did not appear on time and did not notify the reasons for failure to appear, or the reasons for failure to appear were considered disrespectful.

In the event that a protocol on an administrative offense was drawn up by an unauthorized person, or when the protocol or other materials are drawn up incorrectly, or the materials are presented incompletely, the protocol on an administrative offense must be returned to the body or official who compiled the protocol.

The return of the protocol is possible only when preparing the case for judicial consideration and is not allowed when considering a case of an administrative offense on the merits, since Part 2 of Art. 29.9 of the Code of Administrative Offenses does not provide for the possibility of issuing a ruling on the return of the protocol and other materials to the body or official who compiled the protocol based on the results of the consideration of the case.

When is a protocol on an administrative offense drawn up?

The protocol on an administrative offense is the main document on the basis of which a decision is made in the case. The content requirements are established in the Code of Administrative Offenses of the Russian Federation. If the protocol is drawn up with violations or is not in accordance with the form, it will be returned to the official who compiled the paper.

The administrative violation record records the fact of violation of the law. It can only be drawn up by authorized officials. All of them are listed in the Code of Administrative Offenses of the Russian Federation. Next, we will consider who draws up a protocol on an administrative offense and what features of this document exist.

Grounds for drawing up a protocol on an administrative offense

The reasons may be:

detection of a violation of the law (if the employee is not authorized to consider the case of an administrative offense);
appeal by the alleged violator of his guilt;
identification of a violation committed by a citizen under 18 years of age;
detection of a violation, for which a more severe punishment is provided than a warning, if it was committed by a sergeant, foreman, soldier, sailor, conscript, or cadet of a military university before the conclusion of the contract.

If the protocol is drawn up after the imposition of a punishment, which the offender is appealing, it is attached to the resolution. It can be challenged in the manner prescribed by the Code of Administrative Offenses of the Russian Federation.

Authorized persons to draw up protocols on administrative offenses

Persons authorized to draw up a protocol on an administrative offense:

police officers;
officials of bodies monitoring the work of NPOs, including divisions of international and foreign companies, public associations, political parties, religious societies;
tax inspectors;
employees of the Ministry of Emergency Situations;
Rosreestr officials;
customs and export control officials;
border guards;
labor inspectors;
officials of social protection authorities;
employees of Roszdravnadzor.

The list of persons drawing up protocols on administrative offenses is quite lengthy. These are the employees who can consider cases of administrative offenses. Separately, Article 28.3 provides a list of officials who have the right only to draw up protocols. This:

members of election commissions and referendum commissions;
members of commissions on juvenile affairs;
inspectors of the Accounting Chamber;
employees of extra-budgetary funds of the Russian Federation - violations related to the transfer of money to the funds;
employees of the penal system - violations in relation to objects of the penal system;
officials of institutions subordinate to the Ministry of Finance;
employees of private security and other organizations that are subordinate to the National Guard;
officials of bodies responsible for forest protection, as well as for state supervision;
environmental inspectors;
Rosatom officials;
ship captains;
employees of bodies responsible for the protection of wildlife;
heads of fire and rescue units of the fire service.

The procedure for drawing up a protocol on an administrative offense

To consider a protocol on an administrative offense, the procedure for its execution must be followed. According to the Code of Administrative Offenses of the Russian Federation, the officer drawing up a protocol on an administrative offense must explain to the parties their rights and obligations. A note about this is made in the document.

It is important for a citizen to monitor what the employee writes in the protocol. During the process of drawing up the document, he has the right to voice his objections if he is sure that the procedure has been violated.

The citizen must be familiarized with the protocol. If a legal entity is suspected of committing an offense, a representative of the company is familiarized with the contents. These persons have the right to provide their explanations and make comments on the text; they must be attached to the protocol.

If a citizen or company representative does not appear before the official, the protocol is drawn up without them. A copy is sent within 3 days from the date the document is generated.

Deadline for drawing up a protocol on an administrative offense

A protocol on an administrative offense is drawn up immediately after a violation has been detected. The Code of Administrative Offenses of the Russian Federation does not specify a specific deadline for drawing up a protocol on an administrative offense; it only says that this should happen immediately after the arrest. If you need to find out the circumstances of the case or information about the violator, a maximum of 2 days is allotted for drawing up the document.

We list the information, due to the absence of which the deadline for compilation may be delayed by up to 2 days:

aggravating or mitigating circumstances, unclear details of the violation, whether the person has the necessary documents (licenses, certificates);
information about the citizen, including full name, place of work, marital status, presence of children and dependents, amount of income, previous exposure to administrative sanctions;
information about the legal entity - TIN, addresses, presence of registration, bank accounts and their details.

Based on the results of the administrative investigation, a protocol is also drawn up.

Sample of drawing up a protocol on an administrative offense

When drawing up a protocol on an administrative offense, a form approved by administrative regulations is used. The protocol on the case of an administrative offense must contain:

date and place of registration;
position and full name of the official;
information about the offender;
information about witnesses and victims;
circumstances of the case;
time and place of violation;
indication of the article of the Code of Administrative Offenses of the Russian Federation establishing sanctions;
written explanation of the suspect.

If witnesses participated in the proceedings, this is reported in the protocol. Their full names, addresses, contacts and passport details are indicated. The number of witnesses must be at least two. The protocol may also reflect the comments of these citizens.

If officials used special means to identify a violation, their testimony is also reflected in the document. It is important to write down the name of the technical equipment and its number.

The protocol on an administrative offense is signed by the employee who compiled it, as well as by the offender. If the latter refuses to sign, a note is made about this in the document.

It happens that it is necessary to state additional circumstances, the inclusion of which is not provided for in the protocol. In this case, the employee draws up a report and sets out the established facts there. For example, a traffic policeman can attach to the case a diagram of a traffic accident he has drawn up. It is also signed by both the official and the offender.

The citizen is given a copy of the act on the administrative offense against receipt.

When an administrative violation act is not needed

A protocol on an administrative offense is not always needed to impose punishment. If a violation is punishable by a fine or warning, the official has the right to draw up a resolution on the spot and issue a copy to the citizen.

In this case, a protocol may be needed only if the citizen does not agree with the official’s conclusions and tries to challenge his guilt. In such a situation, the document is attached to the resolution.

If the offense is related to the improvement of the territory or the area of traffic and is committed by the driver or owner of the land, a protocol is not drawn up. This rule applies to situations in which violations are recorded by automatic technical means. The decision is made without the participation of the offender. Copies of the decision and evidence are sent by mail or electronic documents within 3 days.

If the violation concerns the tax sphere and was discovered during an audit of the automated system of the Federal Tax Service, and the violator admitted guilt, a protocol is not drawn up, and a decision is made without the participation of the culprit. This applies to the following violations:

work without cash registers;
use of cash register equipment that does not meet the requirements;
failure to issue a receipt to the buyer.

During proceedings regarding an administrative violation, several documents are drawn up. One of them is protocol. The form is approved in the administrative regulations of government agencies whose officials have the right to draw up these documents. Each protocol must contain the following information:

date and place of compilation;
position and full name of the employee;
information about the offender;
information about witnesses and victims;
circumstances of the case;
time and place of violation;
article of the Code of Administrative Offenses of the Russian Federation establishing the sanction;
written explanation of the suspect.

If the protocol is drawn up with violations and is sent to the court in this form, the judge will send it back for revision.

Comments

Good afternoon. I am interested in the procedure for drawing up a protocol on an administrative violation. I did not replace my passport within 30 days from the day I turned 20 years old and on 02/22/2013, a junior sergeant of the police of the western district of the city of Krasnodar, in the building of the department of the Federal Migration Service of Russia of the western district of the city of Krasnodar, drew up a report on me of an administrative violation under Article 19.15. Since I believe that the violation I committed is minor and entails a warning and not a fine and does not fall under Article 19.15 of the Administrative Code, I told the police officer that I do not agree with the protocol. When drawing up the protocol, my rights and obligations were not explained to me. The police officer only informed me that I could either sign the protocol and go pay the fine, or refuse to sign in the presence of two attesting witnesses/witnesses (I still didn’t understand, were they attesting witnesses or witnesses?) and subsequently appeal the actions of the officers. I refused to sign. After the protocol was drawn up, the police found two witnesses and in their presence asked me twice: “Do you refuse to sign the protocol?” I answered “yes” twice. After this, the witnesses signed some document without looking and left. At the same time, neither me nor the witnesses were allowed to familiarize themselves with the protocol; neither me nor the witnesses were explained their rights and obligations. Also, the protocol does not contain my explanations why I refused to sign. After the protocol was drawn up and I refused to sign, I asked the police officer to give me a copy of the protocol, but was refused. The police officer informed me that if I refuse to sign, a copy of the protocol will not be issued, that I must file a complaint with the court, and the court itself will find both the protocol and the resolution in the case of an administrative offense.

In connection with the above, I have a number of questions:

Is it true that if a person refuses to sign, a copy of the protocol and resolution will not be issued?

Who should make a decision on the case of an administrative offense in my case - the employee who compiled the protocol, his management or the court?

After the ruling is made, how can I get it in my hands?

Can I really file a complaint in court without having a ruling in hand?

If so, in what order and to what court?

Are the violations committed by a police officer when drawing up a report enough to win in court?

Is there any judicial practice on Article 19.15 of the Code of Administrative Offences? Is it possible to prove that my passport is not “invalid”?