Validity period of the protocol on administrative violation of traffic rules

Deadlines for issuing a decision on an administrative offense: real-life situations

Most people, of course, have heard of such a concept as a statute of limitations.

It also applies to decisions on administrative offenses.

Its meaning lies in the possibility of bringing to responsibility.

According to the law, this period is two months.

That is, if a person, for example, violated traffic rules (traffic rules), he can be held accountable only within two months from the moment the crime was committed. The current article will explain all the important points regarding the timing of issuing a decision on an administrative offense.

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Deadlines for submitting the protocol

The first thing that authorized persons do when violations are detected is to write out a protocol, which the violator of the law must familiarize himself with. It is issued in two copies.

One of which is given to the violator of the order, the second remains with the authorized person. Usually the protocol is filled out immediately at the scene of the violation.

If you need to find out information about the offender, this document can be presented within 2 days from the moment the unlawful act was committed. Sometimes, when violations occur, an investigation should be carried out.

And it can take several days, in some cases even weeks. When an investigation into an administrative violation is carried out, the deadlines for drawing up a protocol are determined by Art. 28. 5 Code of Administrative Offenses of the Russian Federation.

The maximum time for processing a document, even taking into account the fact of the investigation, cannot be more than 1 month. In some cases, at the personal request of the official, this period is extended:

Written permission from authorized persons of the authority in charge of which the case is pending. Then, the time for submitting the protocol can be increased only by 1 month.

Documentary permission from the head of a higher authority. If the violation resulted in harm to human health, it can be extended for a maximum of six months. Such deadlines are associated with possible legal proceedings.

When the investigation is completed, a corresponding protocol is drawn up or a decision is made to terminate the case related to the violation.

If the violator does not agree with him, as a result, we should expect legal proceedings.

Then the document is sent to a judge or other body authorized to consider such cases within three days. Typically, proceedings are scheduled at the place of residence of the guilty person.

What is a traffic violation resolution and who draws it up?

The time specified by law is allotted for making a decision on the protocol.

That is, the period during which a person can be held accountable with the help of authorized organizations.

The time limit for issuing a decision on an administrative violation of traffic rules is set at two months.

Let's say a person violated traffic rules. The inspector immediately stops him and issues a fine, which must be paid within 60 days.

Not all motorists are in a hurry to pay the fine right away. Often the case comes to court, then, based on the decision, the bailiffs collect the debt from the violators.

After the decision is made, the person is given 10 days to appeal it. Only after its expiration the document comes into force and is sent for execution to the bailiff service.

The legislation establishes a deadline for issuing a decision based on the protocol. It is two months. When a case comes to trial and is decided by a judge, a period of three months is allowed.

A person accused of an offense has the right to choose the court to consider the case. If you have to file a petition to transfer the case to another court, the statute of limitations is suspended.

The issuance of a resolution is not the final stage of debt collection or other liability. To do this, the document must be handed over to the bailiffs, who are obliged to put it into effect before a certain time.

If a ruling is made by the court, but not entered into proceedings within two years, it can be considered automatically annulled.

Is it possible to appeal the decision?

Nowadays, quite often you can encounter unfair decisions by authorities.

As a result, you have to pay fines or be subject to other types of liability.

Sometimes it is difficult to agree with the arguments of specialists from higher institutions, and you have to pay for minor mistakes.

When the Federal Antimonopoly Service (FAS) is involved in the case, penalties can range from thousands to hundreds of millions of rubles. Large fines are imposed on legal entities. Their amount depends on the value of your own assets.

When the defendant receives a ruling, he is forced to pay a fine. Not all people know that it is possible to appeal such a document. The legislation provides time for this procedure. It is ten days.

Only if a person has decided to appeal the decision, it is necessary to prepare very carefully for the meeting. To do this, you need to obtain documentary evidence that you are right, and the help of a lawyer will not hurt here.

The time frame for issuing a decision on an administrative offense by the FAS does not differ from the usual time frame. Like any other document, it can be appealed. Thus, proving his innocence.

It is possible to file a complaint against the decision. It must be presented within ten days, according to Article 30.3 of the Administrative Code.

The period is counted from the day the decision is made. Such a complaint is submitted to the judicial or other authorized organization that approved the decision.

When the appeal procedure takes place in court, the validity of the resolution is suspended until the time it comes into force. Therefore, you should carefully prepare to protect your interests, and it is better to enlist the support of a legally competent person.

The time it takes to consider a complaint against a decision depends on the authority to which it is filed. If you go to court, it can even reach two months.

Important moments and situations from life

Let's look at common cases that occur in practice:

Suppose the notice of a scheduled court hearing arrived late. Then the decision can be canceled, and the court will schedule another hearing. As confirmation, you will have to bring documentary evidence of your innocence to the judge. For example, at the post office you can take a document with a mark on the actual date of receipt of the notice.
If the notice was not received at all, it is almost impossible to prove this fact. But the decision can then be appealed through a higher court.
Let's say a traffic police inspector issued a notice. According to the specified data, there was no case at the site, and after some time an already approved resolution arrived. Then the case is also subject to reconsideration. Even if two months have already passed, an appeal can be made to a higher court.

Important! The traffic police inspector has the authority to serve a notice. However, they are not immune from mistakes. Many of them issue this document in a non-jurisdictional area.

The place of consideration of the case on administrative violations is chosen by the defendant. It could be:

in the locality where the violation occurred
at the place of permanent registration
in the city of property registration

If a person has chosen the court at his own discretion, he cannot be refused.

An important feature regarding the statute of limitations is the following fact. The inspector usually issues a notice to the violator's permanent registration area.

If the defendant writes a petition to transfer the case to another court, the two-month period established by law is suspended and the countdown of time continues only after its arrival at the destination.

When a person does not agree with the place of consideration of the case and submits a petition at the place of registration of the vehicle, this period is not interrupted. Even if it coincides with the place of permanent registration.

In this case, it does not matter how long it takes to send the documentation. If they fail to reach their destination within two months, the case will simply be closed.

From the above-mentioned practice, it becomes clear that knowledge of the law will help build the correct protection of rights.

In the video, a car lawyer explains how to appeal a decision on an administrative violation:

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Validity period of the traffic police fine

Over the past 20 years, the state has been actively fighting for order on the roads, improving which ensures the safety of motorists and pedestrians. However, despite all attempts, traffic offenses are detected in huge numbers, although their number decreased significantly in 2018 compared to the same period last year.

The largest number of violations are associated with minor illegal acts of drivers, pedestrians and passengers, ranging from ticketless travel on public transport, lack of insurance and jaywalking to running a red light or speeding up to 40 km/h. These types of violations are easily recorded on camera and do not require special evidence of the driver’s guilt, which makes it possible to create a resolution on the imposition of administrative penalties remotely, without the participation of the driver, and either hand it over to him personally or send it by mail to the official registration address.

Drawing up a resolution to impose a penalty.

In the event that traffic police officers record a more serious offense, in which, by law, they can not only fine the motorist, but also deprive the driver of a driver’s license or prohibit further operation of the vehicle, a protocol of the established form is required. The same procedure is necessary in the event of an accident, the driver disagrees with the charge, or the need to conduct additional examinations on administrative records before imposing a sentence.

Timing for drawing up the protocol

Like any other legal document, the protocol has deadlines for its preparation:

Thus, in most cases of detection of violations, the document is drawn up in the same place at the same moment in the presence of a representative of the law, the violator, the affected persons and witnesses in the case.
In cases where there is a need for additional evidence and evidence in the case (deciphering the registrar’s recording, interrogating witnesses and other involved persons), 2 working days are allotted for drawing up a protocol.
If the case turns out to be complex, and the above measures are insufficient to determine the guilt of the offender and assign him one or another type of punishment in accordance with the Code of Administrative Offenses, laboratory examinations and other examinations of the facts in the case are carried out, and the period for drawing up the contract is extended for the period specified in Article 28.7 Code, but not more than six months.

Important! Regardless of the timing of drawing up the protocol, a person accused of violating traffic rules is not considered exempt from administrative liability.

Jumping in the wrong place.

Validity period of the protocol on administrative offense

The Code of Administrative Offenses of the Russian Federation has two different concepts of an administrative offense, the statute of limitations for which also differ significantly:

In the first case, if protocols for traffic violations are being reviewed, a decision to impose penalties or another type of administrative punishment must be made no later than 2 months after the discovery of the offense and no later than 3 months when the case is considered by a magistrate.
In the second case, a violation of the legislation of the Russian Federation in terms of violation of road safety is considered (driving while intoxicated, drunk driving, refusal of examination and other serious administrative offenses). According to them, the statute of limitations for the administrative protocol is 1 year.

Thus, after a minimum of two months, and a maximum of one year, issuing a resolution to pay a fine becomes impossible. However, if the resolution has been issued, then the protocol is considered to have entered into legal force, however, there is no hope for this today, since law enforcement agencies are trying not to delay the decision and issuing a fine.[/alert

The procedure for setting deadlines after the issuance of a resolution on administrative offenses

The procedure for drawing up and considering a protocol is prescribed by law in various stages, each of which has its own statute of limitations for administrative offenses of the traffic police:

When considered by an authorized traffic police officer, a resolution to pay a fine or impose another type of penalty must be drawn up within 15 working days from the date of drawing up the protocol.
When the case is considered by a judge, the period increases to two months.
If there are various types of petitions from various defendants in the case, the period for consideration of it in court may be extended by decision of the judge for a period not exceeding one month.
After issuing a ruling on a violation, each party to the process is given 10 days to appeal it.

Note! Thus, the maximum period for issuing a decision in a case is 3 months and 10 days if various factors arise that provide a deferment of the decision, after which the decision is not enforceable.

Alcohol test

Validity period of the decision imposing a fine

Any resolution imposing liability for traffic violations has a limited statute of limitations for an administrative fine. As a rule, it is limited to two years, after which it expires and the fine is no longer payable. However, any violator should remember that the period during which it is necessary to pay a fine according to a decision made on the basis of a protocol on an administrative offense or a court decision must be paid within 60 days.

After this period, all cases are automatically transferred to the court, on the basis of which a decision is made to collect the debt. A writ of execution is drawn up, which causes the initiation of enforcement proceedings.

The remaining period of legal validity of the order to pay the fine will be under the strict control of bailiffs, who can apply any restrictions or disciplinary sanctions provided for by law from the violator.

From this time on, the violator becomes a debtor in court, and FSSP employees can impose on him an enforcement fee of 7%, but not less than 500 rubles, depending on the exact amount. Bailiffs can restrict movement abroad, double the fine, send you to correctional labor, put you under arrest for 15 days, and even initiate a criminal case if there is evidence of malicious evasion of debt. Moreover, any accidental contact of the debtor with a representative of law enforcement agencies may result in arrest, after which the period will automatically start again.

Another interesting limitation is the ability of the bailiff to impose a ban on registration of a car until the fines are fully paid. The same restriction applies to drivers who have been deprived of their license for some time for serious offenses, such as driving into the oncoming lane or drinking alcohol while driving, when after the period of deprivation he wants to get the license back, but is unable to do so do. These actions are only possible upon payment of the imposed administrative penalties.

Resolution on imposition of penalty.

Also, since 2017, the powers of bailiffs have included the restriction of the validity of a driver’s license, which during any check at a traffic police post can again end disastrously for the driver, as for a person not allowed to drive vehicles, even if he was not aware of such a measure restrictions passed against him.

So, the legal validity period of a traffic police fine without any problems arising after drawing up and receiving the resolution in hand is 80 days, of which, regardless of whether the culprit files a complaint or not, 10 days; in any case, by law, all executive authorities are obliged to wait. Next, the offender is given the standard 60 days and another 10 days are given to FSSP employees to prepare a writ of execution and initiate enforcement proceedings.

After this, the fine passes from an administrative offense to the result of a court decision. This condition is stated in Article 31.9 of the Code of Administrative Offences.

Validity of fines based on the results of photo recording on the roads

Many drivers want to know how long the traffic police fine is for committing violations under cameras when they receive a letter in the mail containing a decision to impose a penalty. This document is issued by an authorized person - a traffic police officer without drawing up a protocol no later than 2 months after the commission of an illegal act, and after receiving it in hand or finding it in the traffic police database, the violator has 10 days to appeal it, after which the decision must be satisfied , or rejected.

If the driver admits guilt, that is, assumes obligations to pay a fine, the deadlines for execution of the document are the same as when a decision is made by a court decision or on the basis of a protocol on an administrative offense.

Note! With this method of identifying offenses, no additional disciplinary measures in the form of arrest or correctional labor will be imposed on the violator. All that the bailiffs will require from the defaulter is payment of 100% of the fine and the enforcement fee.

Joint raid of bailiffs and traffic police.

In some cases, if there are various kinds of bureaucratic delays, the letter may reach the addressee later than 2 months after the offense was committed. In such cases, there is no need to pay a fine and the following steps must be taken:

Accurately check the dates of the violation and receipt of the letter, and if necessary, obtain a paper signed by the responsible person at the post office.
Check the traffic police database by entering the decree number and information about the owner of the car, or the state number and VIN, to see if this fine is in the electronic catalogue.
If the fine is in the database, it means that no one has officially removed the obligation to pay from the driver and it is necessary to contact the territorial department of the State Traffic Safety Inspectorate with an application to complete the administrative paperwork in connection with the expiration of the statute of limitations for the fine.
If you receive a refusal, you must request it in writing from the traffic police officers and file a statement of claim with the district magistrate court, attaching a certificate from the post office to the application.
Based on the results of the analysis of the application, a court hearing will be scheduled, as a result of which the administrative case should be closed, and after some time the fine will disappear from the database.

But, unfortunately, this process often requires a large amount of time and material resources, sometimes exceeding the amount of the fine imposed, and drivers, for the sake of confidence in the future, consider it an easier way to pay this fine, regardless of their legal right to invalidate the fine.

Why are traffic police fines reset?

In 2017, the number of cars registered in Russia exceeded the 50 million barrier. This means that almost every third citizen is a car owner. On average, each car owner is caught annually in various categories of violations (including cameras) 12-15 times, which leads to a total number of offenses exceeding 0.5 billion units.

Every offense today must be recorded, archived and stored on the hard drives of the traffic police databases, which takes up a huge amount of memory, and from year to year with the increase in the number of cars there are more and more of them, as a result of which the oldest data must be deleted to be recorded in its place new ones, and without evidence of an offense, the relevance of the penalty itself disappears. As a result, the fine expires and is reset to zero.

Therefore, all authorized authorities make maximum efforts and disciplinary measures for the debtor until the evidence base loses its relevance, and after that the debts are written off as the ineffective work of the executive authorities, which annually undergoes reforms that improve the quality of its work.

The second reason is the acute lack of funding for law enforcement and judicial authorities, since if total control is established over each debtor, the budget for the implementation of this plan will need to be increased by an amount exceeding the amount of enforcement fees from all debtors. The same applies to photo and video recording equipment on the roads.

Private means of recording traffic violations.

The last problem, by the way, is being actively solved on Russian roads by attracting private investment, when a civilian has the opportunity to purchase a camera of an established type, update the calibration certificate for its components every 3 months and, placing it on the road, independently record violations of the speed limit by citizens by sending data to the traffic police department and receiving percentage deductions from each paid penalty from the state, to which they have a legal right.

Expiration of statute of limitations for administrative offenses: how to avoid liability

An offense is considered as an unlawful guilty act (inaction), for which administrative liability is established by the Code of Administrative Offenses of the Russian Federation (CAO RF) or the relevant laws of the constituent entities of the Russian Federation.

Responsibility and punishment in administrative law

Administrative responsibility

Administrative punishment

warning;
fine;
confiscation of the instrument or subject of the offense;
deprivation of a special right granted to an individual;
arrest;
expulsion from the Russian Federation of a citizen of another country or a stateless person;
disqualification;
suspension of activities;
compulsory work;
a ban on visiting the venues of official sports competitions on the days they are held.

When there is no responsibility

If a judge, body, or other official authorized to resolve the case considers the offense to be insignificant, liability will also not occur, and as a result, consideration of the case may be limited to only an oral remark.

Statute of limitations

The statute of limitations for an administrative violation is the period of time during which prosecution under the law is possible.

driving a vehicle (VV) by a driver who is intoxicated or transferring control to another person who is intoxicated;
violation of traffic rules (traffic rules) or vehicle operating rules, which resulted in minor or moderate harm to the health of the victim;
failure by the driver of the vehicle to comply with the requirement to undergo medical examination. examination for intoxication;
failure to comply with traffic regulations requiring the driver not to consume alcoholic beverages, drugs or psychotropic substances after an accident in which he is involved, or after the vehicle was stopped at the request of a police officer, before an examination by an authorized official to establish the state of intoxication or until acceptance by an authorized official the person of the decision to exempt from such examination;
violation of traffic rules by a pedestrian, vehicle passenger or other road user (except for the vehicle driver), which negligently resulted in the infliction of slight or moderate harm to the health of the victim.

Determination and calculation of deadlines

Suspension of the statute of limitations

Lapse of time

Any attempts to bring the person who committed the offense to justice after the expiration of the statute of limitations for administrative offenses are illegal.

Continuing offense

The situation is different with a continuing violation (action or inaction). We can talk about it if there is a long-term, continuous failure to fulfill the obligations provided for by law or other regulatory legal act.

An example in the field of road traffic is driving a vehicle in the presence of faults or driving a vehicle on which glass is installed, the light transmission of which does not meet the requirements of technical regulations. Thus, these offenses trace a long-term failure to fulfill certain obligations related to failure to ensure the proper condition of the vehicle before starting to move.

According to Part 2 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, in case of a continuing offense, the period of time required to make a decision begins to be calculated from the moment the violation is discovered by an authorized official. The detection of a violation is confirmed by the fact that a protocol has been drawn up.

Exceptional cases

gross violations of public order;
malicious attacks on public safety and governance.

This type of punishment cannot be applied to pregnant women, women with children under the age of 14, persons under 18 years of age, disabled people of groups I and II, military personnel, conscripts with special ranks of employees of the Investigative Committee of the Russian Federation, internal affairs bodies and the penal system, troops of the National Guard of the Russian Federation, fire service and customs authorities.

How to restore the deadline for appealing a decision

If the court has decided to impose a fine, and the 10-day period for appeal has been missed, you can send a petition to restore the period for appealing the court decision.

As a rule, this period is restored if the court considers the reasons for not filing a timely complaint against the decision to be valid.

The complaint itself must be considered within 10 days from the date of its filing (if considered by an official) or within 2 months (if considered by a court).

How is it used?

Let's look at a specific example. The driver drove through a prohibiting traffic light on September 14, 2018, and therefore a report was drawn up against him. The decision in the case was made on September 27, 2018, and a fine was imposed. On 10/08/2018, the resolution entered into legal force (it was not appealed), from this day the period for voluntary payment of the fine began to count (60 days). After this period (11/07/2018), the case is transferred to the bailiffs to ensure execution of the resolution.

If within 2 years the violator is not disturbed or reminded of the need to pay the fine imposed in 2018, the resolution will lose its force on 10/09/2020.

Statute of limitations for traffic police fines

2 years from the date of entry into force of the decision imposing a fine - such a period after which the fine will no longer be collected from the violator.

Payment of the fine

If you pay the traffic police fine no later than 20 days from the date of the decision, you can receive a discount of 50% of the original amount.

Effect of the resolution

The validity period of an administrative offense is 1 year, which means that the removal of the status of a “person subject to administrative punishment” occurs one year after the end of execution of the decision imposing the punishment, provided that this person has not committed a new offense.

Video recording camera as evidence of violation

Responsibility for failure to comply with deadlines for repayment of fines

For failure to pay or untimely payment of traffic fines, the driver may be fined twice the amount that he must pay (but not less than 1000 rubles), or he may face arrest for up to 15 days, or compulsory labor for up to 50 hours.

In the video, watch a detailed analysis of the calculation of deadlines for traffic police fines, as well as the features of their payment.

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Validity period of the protocol on administrative traffic violation

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

If a traffic violation case cannot be processed by a police officer.

The maximum time for processing a document, even taking into account the fact of the investigation, cannot be more than 1 month.

Time limits for administrative offenses

Regardless of the timing of drawing up the protocol, a person accused of violating traffic rules is not considered exempt from administrative liability.

This document is not evidence of an offense, it is just a kind of preparatory stage for the consideration of the case.

In emergency situations, take urgent measures to save citizens, protect property left unattended, facilitate the uninterrupted operation of rescue services in these conditions, and participate in ensuring public order during quarantine measures during epidemics and epizootics. Many even know that we are talking about Article 4.5 of the Code of the Russian Federation on Administrative Offenses. We are regularly contacted by clients who, citing the above article, try to use it to evade responsibility, and there are also those who did not succeed using the article.

How is it different from a resolution?

Let's talk about it. How much time is given to pay a fine in 2019? First of all, it should be mentioned how long the traffic police gives drivers to pay fines. 2. In case of a continuing administrative offense, the periods provided for in Part 1 of this article begin to be calculated from the day the administrative offense was discovered.

Written permission from authorized persons of the authority in charge of which the case is pending. Then, the time for submitting the protocol can be increased only by 1 month.

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

In case of a continuing administrative offense, the terms provided for in Part 1 of this article begin to be calculated from the date of discovery of the administrative offense.

What are the deadlines provided for by administrative regulations?

Thus, after a minimum of two months, and a maximum of one year, issuing a resolution to pay a fine becomes impossible.

The inspector is obliged to issue a fine immediately, because after 2, and of course 3 months, bringing the offender to justice will be useless. If the driver refuses to sign the protocol, a corresponding note is made in the document. This does not make the protocol invalid. There is simply no explanation or signature from the driver.

You should not hope for such cases, and especially not purposefully try to evade responsibility, “wait it out” and hide for 2 years - in this case, the punishment for the evader may be even more severe.

Traffic police protocol on administrative offense

Many violators miss this explanation and find themselves deprived of it in absentia and, at the same time, in strict accordance with the Law.

It is possible that no one will look for the offender all this time, but if the bailiffs take the established measures to collect the debt, and the driver begins to hide, the period of validity of the collection will be extended.

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

If a fine is not collected from the violator during this time, it is simply cancelled. However, this does not mean that a citizen who has committed an offense will easily escape punishment if he escapes.

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

The case of an administrative offense is initiated by the protocol. But in certain cases it may not be drawn up at all. And then, in fact, there will be nothing to write in such a protocol. However, if the person involved disputes his guilt or the existence of the violation itself, then a protocol must be drawn up. The law clearly says this.

What is a traffic police resolution on an administrative offense?

Participate, within the limits of their competence, in the search for persons who have committed crimes or are suspected and accused of committing them; persons who have fled from the bodies of inquiry, investigation or court, search and detention of persons who have escaped from custody, stolen or stolen vehicles.

Any resolution imposing liability for traffic violations has a limited statute of limitations for an administrative fine.

of the Russian Federation, legislative and other regulatory legal acts in the field of internal affairs, to ensure their implementation.

In case of an unpaid fine for this period, the case is referred to the bailiffs, who will look for ways to reimburse the fine through seizure of income or confiscation of property.

In order not to miss a court hearing, you can check the date of the court hearing by phone, and then come and receive a summons.

The man did not evade responsibility in any way, because they did not even look for him. But the resolution was no longer in force.

Any unlawful intentional or careless act that violates civil rights, morality, established public order, health, ecology, and all types of relations within society is classified as an administrative offense.

And when appealing, the body examining the case further examines it and makes a verdict based on the documents in the case and the correctness of their completion.

Then the document is sent to a judge or other body authorized to consider such cases within three days. Typically, proceedings are scheduled at the place of residence of the guilty person.

The protocol is needed in order to initiate such an administrative case. Essentially, without this paper (the protocol for 2019 is only possible in written form, but not electronic), there is no business itself. But there are exceptions.

Can the traffic police report be the only evidence?

Since most motorists have to deal with this, we will touch upon the issue of collection periods associated with an offense that was recorded by photo or video.

A decision without a protocol can be made only in cases where the article of the code provides only for either a fine or a warning.

The statute of limitations for bringing to administrative responsibility for administrative offenses provided for in Articles 14.9, 14.31, 14.31.1 - 14.33 of this Code begins to be calculated from the date of entry into force of the decision of the commission of the antimonopoly body, which established the fact of violation of the antimonopoly legislation of the Russian Federation.
In principle, many of the rules listed below apply to both the protocol and the resolution. After all, the latter also has a column for the comments of the person involved, where you need to write the necessary information (see below), if he does not agree with the violation of traffic rules, it also needs to be signed, and refusal to sign can result in similar consequences.

But what exactly to write in the traffic police report if you do not agree with the violation of traffic rules will be discussed below. But first you need to understand what a protocol is, the rules for its preparation and look at its sample.

These types of violations are easily recorded on camera and do not require special evidence of the driver’s guilt, which makes it possible to create a resolution on the imposition of administrative penalties remotely, without the participation of the driver, and either hand it over to him personally or send it by mail to the official registration address.

At the end of this period, citizens legally have the right not to pay the amount established in the resolution. All claims regarding the incident from the driver are automatically removed.

Requirement to familiarize yourself with the readings of the speed measuring device

Detain vehicles and remove drivers from driving vehicles in cases and in the manner provided for by the legislation of the Russian Federation.

The traffic police protocol differs from the resolution, and the difference is cardinal, although they both relate to the fact that the driver violated traffic rules.

Article 31.1 of the Code of Administrative Offenses provides that administrative liability occurs after the expiration of the period allotted for challenging the penalty in court.

Statute of limitations for administrative offenses

An administrative violation is an action (or inaction) that is contrary to the law, but does not pose a serious danger to society and does not cause fundamental harm to it.

An administrative offense, although not regarded as a crime, is not approved by society, is suppressed by it and presupposes punishment for the crime.

The statute of limitations for administrative offenses applies both at the stage of bringing to justice and at the stage of enforcing the imposed punishment. At the same time, the statute of limitations and the procedure for calculating them may vary somewhat depending on the composition of the offense.

Responsibility and punishment in administrative law

Otherwise, the violator will be held accountable before the court according to the law (legal liability).

Administrative liability is one of the types of legal liability and is regulated by the Code of Administrative Offenses (Federal Law No. 195 2001/30/12, edition 2016/05/12 and 2016/21/12).

Administrative responsibility

Administrative liability arises precisely upon the fact of an offense and leads to restriction of access to certain public goods:

narrowing the scope of personal and legal freedom of the offender;
property and material costs;
belittlement;
damage to reputation and restriction of activities.

Administrative punishment

Being a reasonable reaction of the state to an offense (violation), punishment serves as a measure of the responsibility of the “troublemaker.”

Punishment, which aims to restore justice and legal balance in society, has not only a punitive function, but also an exemplary and educational one - so that others are discouraged (Administrative Offenses Code Art. 3.1).

When determining the degree of punishment, they rely (CAP Chapter 4) on the nature of the administrative offense and its potential consequences for society, but they must take into account the identity of the offender (the status of the enterprise, if the culprit is a legal entity), his financial situation, mitigating and aggravating circumstances of the case.

Administrative sanctions may be expressed as follows:

censure (remark, reprimand, warning, etc.);
imposition of a fine;
deprivation of a special right (hunting, driving a vehicle, using special equipment) granted earlier, and confiscation of the weapon (object) that resulted in the offense;
arrest and forced labor (up to 30 days);
expulsion from the country (non-citizens of the Russian Federation);
disqualification (removal from position) and freezing of activities.

In case of a combination of violations considered within the framework of one process, the punishment is not summed up, but is assigned under a more stringent article (Administrative Offenses Code, Article 4.4, paragraph 2).

Limitation period for administrative offenses

What is the statute of limitations for administrative offenses established by law?

Administrative liability, unlike criminal liability, is not so severe, and therefore does not entail a criminal record and is characterized by more flexible statutes of limitations.

In general, the limitation period for administrative violations is calculated as follows:

2 months – prosecution (3 months during judicial review);
2 years – execution of the imposed punishment.

For a number of offenses (Article 4.5, paragraph 1), the statute of limitations for prosecution is 1 year. For violations in the financial sector – 2 years. In corruption cases, the statute of limitations is 6 years.

According to the general rule, after a year, a person guilty of an administrative offense, who accepted and carried out the punishment, is already considered “clean” and has not been brought to justice. In other words, a citizen is classified as “brought to administrative responsibility” (subjected to punishment) from the moment the decision is made plus the time for execution plus one year after the “fact of retribution” has occurred.

The period begins to be calculated from the next day after the violation occurred and, accordingly, it came to the attention of the official.

Attempts to bring to justice after the expiration of the statute of limitations for an administrative offense are illegal (Article 24.5, paragraph 1, paragraph 6). In this case, the proceedings cannot be initiated, and if the procedure has already begun, it is immediately terminated (the case is closed).

The statute of limitations for execution of the punishment begins to be calculated from the moment the decision is made, which loses its legal force after 2 years. If during this time the resolution is not implemented, then it can be considered annulled. There cannot be a repeated prosecution for the same offense (Article 4.1, paragraph 5).

In the event that there is a delay, installment plan or suspension in the execution of the decision (Administrative Code Articles 31.5, 31.6), then the statute of limitations is extended for this period of time, that is, it is interrupted, then the period of installment plan/deferment/suspension is counted, then the statute of limitations continues. .

In case of deliberate evasion of the prescribed punishment, the statute of limitations is restored in its course from the moment of discovery of the culprit or his property.

In other words, an administrative penalty cannot be imposed after 2 years if the decision was made and forgotten about. If measures were taken, if they worked with the “client”, but he stubbornly hid, then the limitation period was interrupted and resumed every time after his discovery - thus, the 2-year limitation period could be noticeably lengthened.

Continuing offense

An offense is considered ongoing if it continues for a long time and does not cease until it is discovered by an authorized person (Resolution of the Plenum of the Supreme Court No. 5 2005/24/03, paragraph 14).

On the other hand, if the deadline for fulfilling a specific obligation is clearly defined by legislative acts, but compliance has not followed, then the statute of limitations for an administrative violation should be counted from the moment the deadline expires (Letter of the State Customs Committee No. 01-06/2058 2002/27/05; Resolution of the Plenum BC No. 5 clause 14 paragraph 2).

In this case, the day of discovery (the starting point) is set as the day the protocol was drawn up and signed by an authorized person (Administrative Code Art. 4.5, p. 2).

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Statute of limitations for administrative offenses of the State Traffic Safety Inspectorate

Traffic police fines, being administrative, must be paid within 2 months.

If payment is made within 20 days, the amount of the fine is halved (Administrative Code Art. 32.2, paragraphs 1, 1.3).

The countdown begins 10 days after the offender receives the order.

If the fine is not paid, the bailiff initiates enforcement proceedings (Administrative Code Article 32.2, paragraph 5). Upon the opening of SSP production, the draft dodger is given 5 days to voluntarily cover the debt (Federal Law No. 229 2007/02/10, edition 2016/01/10, Article 30, Clause 12). After this, all income and property of the debtor come into the view of the bailiff. If the amount of traffic police fines exceeds 10 thousand, the bailiff imposes a temporary ban on the debtor traveling abroad (Federal Law No. 229, Article 67, paragraphs 1, 3).

The statute of limitations for imposing a fine is 2 months (through the court - 3 months), and for collection (a common offense) it is limited to 2 years from the date of the decision to impose an administrative penalty. The following provisions are available for appeal:

10 days – with the head of the state traffic inspectorate;
60 days – in court.

If the inspector does not issue a fine on the spot, then after 2 months he cannot bring the offender to justice. After 3 months, the statute of limitations for this violation expires completely and irrevocably.

Example. M exceeded the speed limit on January 15, 2014, was stopped by an inspector and fined. The decision to impose a fine became effective on January 25, 2014 (it was not appealed). On January 26, 2014, the statute of limitations began to run, which expired on January 26, 2016. Over the past 2 years, no one bothered him (no measures were taken) or tried to forcefully bring him to justice.

The traffic cop’s demand to pay the “debt” presented to him after the named date is not legal, since M did not hide or evade (they didn’t even try to find him), and the statute of limitations had expired - the resolution lost its force.

The statute of limitations for CCTV fines is no different from traditional fines.

The only difference is the imposition of punishment for malicious non-payment. In this case, arrest for 15 days is not possible (Administrative Code Art. 20.25, paragraph 3).

Any administrative violation implies responsibility for the act and punishment, which is assigned by special authorized persons (bodies).

The limitation period for filing claims and imposing penalties is generally limited to 2 months. The limitation period for executing a foreclosure order expires after 2 years. This does not mean that you can “wait it out” and thus hide from responsibility. If a draft dodger is identified, the measures that will be applied to him are very severe.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 317-70-86 .