Limitation period for administrative offenses

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

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.

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 .

Statute of limitations for administrative offenses: rules of application

During the statute of limitations for administrative offenses, the regulatory agency or court may hold the violating company accountable. It will not be possible to do this outside the deadline, and if the deadline is violated, the company will be able to challenge the decision.

Read our article:

The company cannot be held liable if the statute of limitations for the administrative offense has passed

One of the circumstances precluding proceedings in a case of an administrative offense is the expiration of the statute of limitations for administrative offenses (clause 6, part 1, article 24.5 of the Code of Administrative Offenses of the Russian Federation, clause 18 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of January 27, 2003 No. 2). There are rules for determining such deadlines. A decision in a case of an administrative offense considered by an administrative body cannot be made after two months (Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation). If the case is handled by the court, the period is three months.

In some cases, the statute of limitations for administrative cases is determined specifically

There are special statutes of limitations for administrative offenses for certain areas of legislation.

Limitation period for administrative violation

Scope of legislation

on export controls;
internal sea waters, territorial sea, continental shelf;
exclusive economic zone of the Russian Federation;
geodesy and cartography;
names of geographical objects;
energy saving and increasing energy efficiency;
protecting the health of citizens;
protecting children from information harmful to their health or development;
road safety (regarding offenses under Articles 12.8, 12.24, 12.26, Part 3 of Article 12.27, Part 2 of Article 12.30 of the Administrative Code);
copyright and related rights;
trademarks, service marks and appellations of origin of goods;
use of nuclear energy;
taxes and fees;
consumer protection;
consumer credit (loan);
credit histories;
state regulation of prices (tariffs);
natural monopolies;
the basics of tariff regulation for public utility organizations;
advertising;
electric power industry;
heat supply;
gas supply;
lotteries;
physical culture and sports (in the part that concerns violation of the requirements for regulations (regulations) on official sports competitions);
state regulation of activities related to the organization and conduct of gambling (in the part that concerns violation of the requirements for organizers of gambling in bookmakers and sweepstakes when placing bets on official sports competitions and conducting other gambling);
elections and referendums;
participation in shared construction of apartment buildings and (or) other real estate;
organizing and conducting gambling;
combating the legalization (laundering) of proceeds from crime and the financing of terrorism;
joint stock companies;
limited liability companies;
securities market;
clearing activities;
organized auctions;
investment funds;
non-state pension funds;
credit cooperation;
agricultural cooperation;
microfinance activities and microfinance organizations;
pawn shops;
countering the misuse of insider information and market manipulation;
national payment system;
opening accounts, covered (deposited) letters of credit;
concluding bank account agreements and bank deposit agreements (regarding offenses under Article 15.39 of the Administrative Code);
contract system in the field of procurement of goods, works, services to meet state and municipal needs (regarding offenses under Articles 7.29–7.32, 7.32.5, Part 7 of Article 19.5, Article 19.7.2 of the Administrative Code);
organizing activities for the sale of goods (performance of work, provision of services) in retail markets;
the basics of state regulation of trade activities in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products;
fire safety;
industrial safety;
safety of hydraulic structures;
urban planning activities;
technical regulation;
meetings, rallies, demonstrations, processions and pickets;
use of cash register equipment;
protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation;
enforcement proceedings;
foreign investments in the Russian Federation;
state registration of legal entities and individual entrepreneurs.

2. Patent, antitrust, insurance legislation

3. Legislation in the area:

environmental protection and natural resource management;
sanitary and epidemiological welfare of the population;
organizing and conducting state control (supervision), municipal control and protecting the rights of legal entities and entrepreneurs in the implementation of state control (supervision), municipal control;
protection of property (regarding offenses under Articles 7.3, 7.5 of the Administrative Code);
water supply and sanitation;
state defense order (regarding offenses under Article 7.32.1, Parts 1, 2 and 2.1, Article 14.55, Article 14.55.1, 14.55.2, 15.37, 15.40, 15.40.1, 19.4.2, Part 7.1 Article 19.5, Part 2, Article 19.7.2 of the Administrative Code);
procurement of goods, works, services by certain types of legal entities (regarding offenses under Article 7.32.3, Part 7.2 of Article 19.5, Article 19.7.2-1 of the Administrative Code).

4. Labor legislation, immigration rules, rules of stay (residence) in Russia for foreign citizens and stateless persons, rules for attracting foreign citizens and stateless persons (including foreign workers) to work in Russia.

5. Violations of the mandatory tender procedure (in terms of offenses under Article 7.32.4 of the Administrative Code) or the procedure for the activities of a non-profit organization that performs the functions of a foreign agent.

6. Violations against management order if:

fail to provide, distort or untimely provide information to the antimonopoly authority upon request for calculating the fine;
fail to submit, distort or untimely submit statistical forms for recording the movement of goods to the customs authority;
fail to provide, provide false or incomplete information to the unified federal automated information system for information about film screenings in cinema halls. The subject of liability is the demonstrator who shows films in the cinema hall for a fee.

7. Customs legislation of the Customs Union within the EurAsEC and (or) Russian legislation on customs affairs.

8. Budget legislation and other regulatory legal acts regulating budget legal relations.

9. Offenses under Articles 5.35.1 and 6.1.1 of the Code of Administrative Offenses (beatings and non-payment of alimony).

10. Currency legislation and acts of currency regulatory authorities.

11. Legislation on accounting.

about political parties (regarding offenses under Articles 5.64–5.68 of the Administrative Code);
insolvency (bankruptcy).

on countering terrorism (regarding the offense under Article 15.27.1 of the Code of Administrative Offenses);
anti-corruption.

Before appealing the decision, make sure that the administrative statute of limitations has expired. Then it will be possible to cancel the penalty.

The court overturned the decision because the statute of limitations for an administrative offense had expired

The court overturned the decision to bring an entrepreneur to administrative liability for selling tobacco products at a distance of less than 100 meters from the boundaries of the territory of a preschool institution, since it found that the statute of limitations for the administrative offense had expired at the time the controversial decision was made. The Office of the Federal Service for Surveillance on Consumer Rights Protection and Human Welfare (hereinafter referred to as the Office) established that an individual entrepreneur in his sales department was selling tobacco products at a distance of less than 100 meters from the boundaries of the territory of a municipal preschool institution. The management of the resolution brought the entrepreneur to justice under Article 14.2 of the Code of the Russian Federation on Administrative Offenses. The entrepreneur applied to the arbitration court to challenge it.

The court satisfied the entrepreneur’s application, since it established that the offense was revealed on December 20, 2010, therefore, the last day of the expiration of the statute of limitations for bringing to justice was February 20, 2011, and the decision was made on March 1, 2011 (resolution of the Fourteenth Arbitration Court of Appeal dated 21 June 2011 in case No. A05-2315/2011, the decision of the Supreme Arbitration Court of the Russian Federation dated October 13, 2011 No. VAS-10199/11 refused to transfer the case to the Presidium of the Supreme Arbitration Court of the Russian Federation for review in the manner of supervision).

The statute of limitations for an administrative offense: from what moment it is calculated

Depending on the specific composition, the period for bringing an administrative body to justice for a violation is considered:

from the moment of illegal action (inaction);
from the moment the administrative body discovers the fact of illegal action (inaction)

If the offense is ongoing, the statute of limitations for the administrative violation is calculated from the date of discovery

In case of a continuing administrative offense, the terms provided for in Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation begin to be calculated from the date of discovery of the administrative offense (Part 2 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

Thus, the court overturned the decision due to an incorrect definition of the statute of limitations for an administrative offense. He found it unlawful to engage the company for violating the terms of the license, since he found that the period had expired and the offense was ongoing.

The Department of Natural Resources and Environmental Protection of the region (hereinafter referred to as the Department) during control activities discovered that LLC “O.” (hereinafter referred to as the Company) extracted sand in violation of the terms of the subsoil use license. The Department issued a resolution against the Company to hold it liable under Part 2 of Article 7.3 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Resolution).

The company did not agree with the Resolution and appealed to the arbitration court with a statement to declare it illegal and cancel it. The court satisfied the Company's demand, since it established that the statute of limitations for bringing it to justice had expired. The court indicated that the administrative offense committed by the Company was ongoing. The department discovered it on September 21, 2010, and brought the Company to justice on November 29, 2010, that is, beyond the two-month period (resolution of the Federal Antimonopoly Service of the North-Western District dated June 28, 2011 in case No. A13-12887/2010).

If the offense does not last, the statute of limitations for administrative punishment is calculated from the moment the action was committed

An offense that was not completed by a specific deadline cannot be recognized as a continuing offense (paragraph 3, clause 19 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated January 27, 2003 No. 2 “On some issues related to the implementation of the Code of the Russian Federation on Administrative offenses").

The court declared illegal and canceled the decision to hold the company administratively liable for failure to provide information, since it found that the administrative body had missed the statute of limitations for holding the company accountable

During the implementation of supervisory activities, the regional branch of the Federal Service for Financial Markets (hereinafter referred to as RO FFMS) turned to LLC "R." (hereinafter referred to as the Company) with the requirement to provide information necessary for the implementation of state insurance supervision with a deadline for execution within 15 working days from the date of receipt of the request. The company provided a response to the Federal Financial Markets Service in violation of the specified deadline. In connection with the Company’s violation of the deadline for responding to the request of the Federal Financial Markets Service, the Federal Financial Markets Service issued a resolution against the Company to hold it liable under Article 19.7.3 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Resolution).

The company did not agree with the Resolution and appealed to the arbitration court with a statement to declare it illegal and cancel it.

The court satisfied the Company's request, since the statute of limitations for administrative offenses had expired. The court indicated that administrative offenses that are expressed in failure to fulfill an obligation by a specific deadline cannot be considered as continuing. The last day for providing information at the request of the Federal Financial Markets Service was June 8, 2012, therefore the two-month period for bringing to administrative responsibility was subject to calculation from June 9, 2012, and the full text of the Resolution was produced on August 10, 2012, that is, outside the two-month period (resolution of the FAS Moscow District dated August 9, 2013 in case No. A40-113611/12-153-1159).

Limitation periods for administrative cases

It is not possible to hold the offender accountable in all cases. The inevitability of punishment must correlate with other principles of administrative tort law. To prevent the state from imposing measures of negative impact on citizens and legal entities when such means have lost their relevance, a statute of limitations for administrative offenses was established by law.

Why is there a statute of limitations?

Punishing a person has certain goals. By holding citizens and organizations accountable, the state helps establish law and order, prevents new violations, and restores social justice.

Violation of legal norms after some time loses its relevance for the guilty citizen himself and for other members of society. After a certain time, the circumstances of the case are forgotten, and the accompanying conditions change. It becomes impossible to restore social justice, since the tort has ceased to be relevant.

Punishment may be seen as excessive influence on the part of the state, which will not lead to the establishment of law and order. The guilty person will consider the imposition of a penalty unfair, since a cause-and-effect relationship with the violation of the law will not be traced in the person’s mind.

The statute of limitations and prosecution for administrative offenses are of a similar nature. Going to court is a way to protect your rights or defend legitimate interests. If a citizen has not wanted to make demands on other persons for 3 years, then the established order in civil legal relations becomes more valuable than the right to protection of one individual or organization.

Current deadlines under Russian legislation

The issue under consideration is regulated by Article 4.5 of the Code of Administrative Offenses of the Russian Federation. The general statute of limitations for an administrative offense is 2 months.

The period must be counted from the day after the end of the actions (inaction) of the citizen or officials of the organization that constituted the objective side of the offense. The passage of time does not stop when a tort is discovered, materials are prepared and the case is considered by an authorized person. Interviewing witnesses, conducting examinations and other activities must be completed no later than the deadline for bringing the guilty person to justice.

The law establishes 1 case of suspending the countdown of time from the moment the offense was committed. If a person applies to transfer the place of consideration to the locality or area where he lives, then it is required to send documents. In this case, the period will be increased accordingly.

If the tort is of a continuing nature, for example, a violation of customs legislation, then the period begins to run from the moment the unlawful behavior is established by the authorized person.

A number of violations are established exclusively by the court. For such offenses you can be held accountable within 3 months.

Some of the offenses provide for punishment within a year from the date of commission of the offense:

failure to comply with export control requirements;
violation of rules on protecting children from information harmful to their development and health;
use of trademarks, service marks, works of authors in violation of applicable law;
non-compliance with advertising legislation;
violation of legislation regulating the activities of commercial organizations;
non-compliance with the rules for registration of legal entities and individual entrepreneurs;
torts for which liability is provided in the form of disqualification;
other violations listed in Part 1 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation.

If a citizen has violated the legislation of the Russian Federation, which provides for measures to combat corruption or terrorism, then he cannot be brought to justice after 6 years.

A number of torts are included in a separate group:

violation of currency control requirements;
non-payment of alimony (Article 5.35.1 of the Code of Administrative Offenses of the Russian Federation);
battery;
violation of budget legislation;
violation of customs rules;
violation of accounting rules.

The validity period of these administrative offenses is 2 years.

For non-compliance with bankruptcy legislation and offenses prohibited by Articles 5.64-5.68 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations is 3 years.

Consequences

The expiration of the statute of limitations means that a person cannot be punished for the offense committed. If the body conducting the process establishes this fact, then further analysis of the offense will be stopped. The case will be closed, the legal status of the person will not change. The citizen will be considered law-abiding.

For many violators, the statute of limitations is an effective way to evade responsibility. Preparing and reviewing materials on offenses and searching for the culprit sometimes takes an unreasonably long time.

Limitation period for administrative violations

In accordance with the Code of the Russian Federation on Administrative Offenses (CAO RF), in particular Ch. 2 tbsp. 1, an offense is an action contrary to the law committed by an individual or legal entity. Let us note that an offense is not only an action already committed, but also its absence, which is recognized as socially dangerous. An administrative offense differs from a crime in the degree of public danger and is punishable. Administrative liability for committing illegal actions is regulated by the Code of Administrative Offenses and the laws of the constituent entities of the Russian Federation. In accordance with the legislation of the Russian Federation, administrative offenses are considered to be: violations in the field of transport transportation, attacks on the rights and health of citizens, non-compliance with environmental protection rules, etc.

In cases where the court establishes the fact that it is possible to avoid violating the norms and requirements of the law, but the suspect, when committing an unlawful act, deliberately did not fulfill this or did so, but not in full, the occurrence of an administrative offense will be proven.

Administrative punishments include fines, administrative arrest, community service, etc. In addition to the punishment determined by the court, the person guilty of committing an administrative offense is obliged to compensate for the damage caused or to fulfill obligations, the failure of which became the basis for imposing the punishment.

What is a statute of limitations

In accordance with the current Civil Code of the Russian Federation, the limitation period is a period that was established by the court to protect the legal rights and interests of the person whose rights were violated. The value of the statute of limitations encourages participants in civil legal relations, in the event of their violation, to promptly submit demands for the protection of their legal rights and interests. Upon expiration of the statute of limitations, the person whose rights were violated is deprived of judicial protection.

What are the limitation periods for administrative violations?

Each legislative branch has its own limitation periods, which are regulated by a specific legislative document. So, for example, the limitation period in civil cases is determined by Art. 195-208 of the Civil Code of the Russian Federation, and the limitation periods for administrative offenses are established by Art. 4.5-4.6 Code of Administrative Offenses of the Russian Federation.

Let us note that in relation to administrative violations the concept of limitation of bringing to administrative responsibility is applicable.

In accordance with the legislative framework, the following limitation period is determined for bringing a person guilty of an offense to administrative liability:

Decisions in cases of administrative offense can be made only after 2 months (in cases considered by the court, the period is determined to be 3 months) from the moment the offense was committed.
Resolutions in cases of violation of the legislation of the Russian Federation (on child protection, copyright, environmental protection, fire safety and others) are issued after the statute of limitations has expired - 1 year from the date of the offense.
In the case of an administrative offense that entails a penalty in the form of disqualification, the perpetrator may be held accountable no later than 1 year from the date of commission of the unlawful act, in the case of a continuing offense - no later than 1 year from the date of its discovery.
For violation of the Customs legislation of the Russian Federation and a number of other offenses, a person guilty of committing an unlawful act may be brought to administrative responsibility for 2 years; violation of the anti-corruption law and a number of other offenses require a statute of limitations of 6 years.
If a violation of the law on the use of prohibited drugs is detected, the limitation period for the case begins from the day the fact of use of the prohibited drug is confirmed by the All-Russian Anti-Doping Organization.
Refusal to initiate a criminal case or its termination upon detection of signs of an administrative violation presupposes the beginning of the calculation of the limitation period from the moment the decision is made to refuse to initiate a criminal case or its termination.

A separate point worth considering is the issue related to administrative offenses regarding fines for violations of the Road Traffic Rules (TRAF). The limitation period in these cases is 12 months from the date of discovery of the violation. The driver has the right to appeal the receipt of a fine received from the traffic police within 10 days, otherwise the fine must be paid in full and the receipt of payment must be submitted to the authority that issued the decision.

In case of failure to fulfill this obligation, the case of an administrative offense may be referred to the court or bailiffs, which in turn may lead to an increase in the amount of the fine, mandatory work for up to 50 hours, and administrative arrest for up to 15 days.

All cases of administrative offenses have the possibility of pre-trial settlement of disputes before they are sent to court. In addition, the limitation period in an administrative case may be suspended in cases where the request of the guilty person to consider the case at his place of residence is satisfied. The suspension of the case begins from the moment the submitted petition is satisfied, the validity period is set until the day the materials are received by the authorized person or the judge at the place of residence of the person who committed the offense.

Statute of limitations for administrative offenses

09 Nov Statute of limitations for administrative offenses

The Code of Administrative Offenses of the Russian Federation provides for statutes of limitations, after which bringing to administrative liability becomes impossible.

This article is current as of June 3, 2017

According to clause b, part 1, art. 24.5 of the Code of Administrative Offenses of the Russian Federation, the expiration of the statute of limitations means that proceedings regarding an administrative offense cannot be started, and the started proceedings must be terminated.

The latter case is more common: the consideration of a case of an administrative offense is delayed and ultimately this may lead to a decision to terminate the proceedings with reference to clause 1 of part 1 of Art. 29.9 Code of Administrative Offenses of the Russian Federation.

If such a resolution is not adopted after the expiration of the statute of limitations, but, on the contrary, the person is brought to administrative responsibility, there is sufficient grounds for canceling the adopted act as illegal.

The statute of limitations is calculated from the day following the day the administrative offense was committed. In case of a continuing administrative offense, the period begins to be calculated from the date of discovery of the administrative offense.

In the event of an administrative offense expressed in the form of inaction, the period for bringing to administrative responsibility is calculated from the day following the last day of the period provided for the fulfillment of the relevant obligation.

It is important to take into account that the statute of limitations for bringing to administrative responsibility for an offense in respect of which the obligation provided for by a legal act was not fulfilled by a certain period begins to run from the moment the specified period occurs.

The Code of Administrative Offenses of the Russian Federation provides for the only case of suspension of the statute of limitations for bringing to administrative responsibility. Such a case is the satisfaction of the request of a person against whom proceedings are being conducted for an administrative offense to consider the case at his place of residence, when the time of sending the case is not included in the statute of limitations for bringing to administrative responsibility. By virtue of Part 5 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation, the course of this period is suspended from the moment this petition is satisfied until the materials of the case are received by the judge, body or official authorized to consider the case at the place of residence of the person in respect of whom the proceedings are being conducted.

Lawyer Vladimir Chikin will talk about the prospects of your case, prepare documents and represent your interests in court. Write to [email protected] or call + 7 499 390 76 96.

The statute of limitations differs for different offenses. This issue is resolved in Part 1 of Art. 4.5 Code of Administrative Offenses of the Russian Federation. The norm is stated in a confusing, voluminous and unreadable manner. Below we present it in a simplified form.

Default statute of limitations: 2 months

Statute of limitations for a case before a judge: 3 months

Statute of limitations for certain violations - exception No. 1: 1 year

For violation of the legislation of the Russian Federation:

on export control,
on internal sea waters, territorial sea, continental shelf, on the exclusive economic zone of the Russian Federation,
about geodesy and cartography, about the names of geographical objects,
patent,
antimonopoly,
on environmental protection,
on energy saving and increasing energy efficiency,
on protecting the health of citizens, in the field of sanitary and epidemiological welfare of the population,
on the protection of children from information harmful to their health and (or) development,
on road safety (in terms of administrative offenses provided for in Articles 12.8, 12.24, 12.26, part 3 of Article 12.27, part 2 of Article 12.30 of the Code of Administrative Offenses of the Russian Federation),
on copyright and related rights, on trademarks, service marks and appellations of origin of goods,
on the use of atomic energy,
about taxes and fees,
on consumer protection,
in the field of organization and implementation of state control (supervision), municipal control and protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision), municipal control,
on state regulation of prices (tariffs),
about natural monopolies,
on the basics of regulating tariffs of public utility organizations,
about advertising,
about the electric power industry,
about heat supply,
in the field of water supply and sanitation,
about gas supply,
about lotteries,
on physical culture and sports (in terms of violation of the requirements for regulations (regulations) on official sports competitions),
on state regulation of activities related to the organization and conduct of gambling (in terms of violation of requirements for organizers of gambling in bookmakers and sweepstakes when placing bets on official sports competitions and conducting other gambling),
about elections and referendums,
on participation in shared construction of apartment buildings and (or) other real estate objects,
on the organization and conduct of gambling,
on combating the legalization (laundering) of proceeds from crime and the financing of terrorism,
about joint stock companies,
about limited liability companies,
about the securities market,
insurance legislation,
about clearing activities,
about organized auctions,
about investment funds,
about non-state pension funds,
on combating the misuse of insider information and market manipulation,
for violation of immigration rules, rules of stay (residence) in the Russian Federation of foreign citizens and stateless persons,
rules for attracting foreign citizens and stateless persons (including foreign workers) to work in the Russian Federation,
procedures for mandatory bidding in accordance with the legislation of the Russian Federation (in terms of administrative offenses provided for in Article 7.32.4 of the Code of Administrative Offenses of the Russian Federation),
the procedure for the activities of a non-profit organization performing the functions of a foreign agent,
in the field of state defense procurement (in terms of administrative offenses provided for in Article 7.32.1, parts 1, 2 and 2.1 of Article 14.55, Articles 14.55.1, 14.55.2, 15.37, 15.40, 15.40.1, 19.4.2, part 7.1 of the Article 19.5, part 2 of article 19.7.2 of the Code of Administrative Offenses of the Russian Federation),
on the contract system in the field of procurement of goods, works, services to meet state and municipal needs (in terms of administrative offenses provided for in Articles 7.29 - 7.32, Part 7 of Article 19.5, Article 19.7.2 of the Code of Administrative Offenses of the Russian Federation),
on the organization of activities for the sale of goods (performance of work, provision of services) in retail markets,
on the basics of state regulation of trade activities,
in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products,
about fire safety,
on industrial safety,
on the safety of hydraulic structures,
about urban planning activities,
on technical regulation,
about meetings, rallies, demonstrations, processions and pickets,
on the use of cash register equipment,
on the protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation,
on enforcement proceedings,
on foreign investments on the territory of the Russian Federation,
on state registration of legal entities and individual entrepreneurs,
for administrative offenses against the management procedure (in terms of failure to submit or untimely submission to the federal antimonopoly body or its territorial body at their request, information (information) necessary to calculate the amount of the administrative fine, or submission to the federal antimonopoly body or its territorial body of obviously false information ( information) necessary to calculate the amount of an administrative fine, or failure to submit or untimely submission to the customs authority of a statistical form for recording the movement of goods, or submission to the customs authority of a statistical form for recording the movement of goods containing false information,
in terms of failure to provide or incomplete provision by a film demonstrator performing a paid screening of a film in a cinema hall, information to the unified federal automated information system of information about film screenings in cinema halls, or provision of knowingly false information.

Statute of limitations for certain violations - exception No. 2: 1 year

For administrative offenses entailing administrative punishment in the form of disqualification.

Statute of limitations for certain violations - exception No. 3: 2 years

For violation of the customs legislation of the Customs Union within the framework of the EurAsEC and (or) the legislation of the Russian Federation on customs affairs,

for violation of currency legislation and acts of currency regulation authorities,

for violation of accounting legislation,

for violation of the budget legislation of the Russian Federation and other regulatory legal acts regulating budget legal relations,

for administrative offenses provided for in Articles 5.35.1, 6.1.1 of the Code of Administrative Offenses of the Russian Federation.

Statute of limitations for certain violations - exception No. 4: 3 years

For violation of the legislation of the Russian Federation on political parties (in terms of administrative offenses provided for in Articles 5.64 - 5.68 of the Code of Administrative Offenses of the Russian Federation),

for violation of the legislation of the Russian Federation on insolvency (bankruptcy).

Statute of limitations for certain violations - exception No. 5: 6 years

For violation of the legislation of the Russian Federation on countering terrorism (in terms of the administrative offense provided for in Article 15.27.1 of the Code of Administrative Offenses of the Russian Federation),

for violation of the legislation of the Russian Federation on combating corruption.

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