Deadline for removing the repayment of administrative punishment from the offender

Article 4.6. The period during which a person is considered subject to administrative punishment

A person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment from the date the decision on the imposition of an administrative penalty enters into legal force until the expiration of one year from the date of completion of the execution of this decision.

Commentary to Art. 4.6 Code of Administrative Offenses of the Russian Federation

1. The period during which a person is considered subject to administrative punishment can be considered the administrative analogue of a criminal record in criminal law. During this period, a person who has already been given an administrative punishment is under increased legal attention from the state in order to make sure that the punishment has achieved its goal - preventing the commission of a new administrative offense by this person (Article 3.1 of the Code of Administrative Offenses of the Russian Federation).

2. The following conditions for the validity of this article can be distinguished:

- a resolution on bringing to administrative liability has been issued and entered into force, imposing punishment on the subject of the administrative offense;

- this resolution was executed by the subject, i.e. the punishment has been served (payment of a fine, expiration of the period of deprivation of a special right, etc.);

— the beginning of the period — the period of actual execution of the decision;

- the fact of execution of the decision must be confirmed by the relevant document (receipt for payment of a fine, act of seizure of weapons, etc.);

— the period during which a person is considered subject to administrative punishment is 1 year;

— the specified period is considered to be extinguished automatically; no documentation of the expiration of the period is required.

3. The period during which a person is considered subject to administrative punishment entails certain legal consequences for the subject, namely, if during the specified period the person commits a homogeneous administrative offense, this circumstance will be taken into account as an aggravating one when assigning punishment for a newly committed offense (clause 2 part 1 article 4.3 of the Code of Administrative Offenses of the Russian Federation).

Article 4.6 of the Code of Administrative Offenses of the Russian Federation. The period during which a person is considered subject to administrative punishment

New edition of Art. 4.6 Code of Administrative Offenses of the Russian Federation

Commentary on Article 4.6 of the Code of Administrative Offenses of the Russian Federation

The administrative-legal status of a person against whom proceedings are being conducted for an administrative offense is established by Article 25.1 of the Code of Administrative Offences. At the same time, the period for the entry into force of a decision in a case of an administrative offense is regulated by Articles 31.1, 31.2 of the Code of Administrative Offences, and the end of the proceedings to execute the decision on the imposition of an administrative penalty is regulated by Article 31.10 of the Code of Administrative Offences. These norms must be taken into account for the correct calculation of the period during which an individual, official or legal entity is considered subject to administrative punishment, and from the date of completion of the execution of the decision on the imposition of an administrative penalty, from which one year begins to run.

When applying an administrative punishment calculated for a certain period (deprivation of a special right, administrative arrest and disqualification), the end date of execution of the punishment is indicated in the resolution on its appointment.

Another comment on Art. 4.6 of the Code of the Russian Federation on Administrative Offenses

The essence of the period established by this article is that a person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment within one year from the date of completion of the execution of the decision on the imposition of an administrative penalty.

The period during which a person is considered subject to an administrative penalty is the period for repayment of this penalty. It performs a certain educational and preventive role in preventing the commission of new administrative offenses.

Recognition of a person as subject to administrative punishment entails legal consequences for him. Under certain conditions, punishment can be considered as a circumstance aggravating administrative responsibility and serve as a qualifying feature for the application of a more severe penalty. However, recognizing a person as subject to administrative punishment cannot affect the qualification of an administrative offense: no matter how many times the same person commits an administrative offense, none of the offenses committed can be transferred to another legal entity.

The repayment period of an administrative penalty is not differentiated depending on the type, duration and amount of the administrative penalty. It is equal to one year.

The repayment period begins on the date of completion of the execution of the decision on the imposition of an administrative penalty: in the case of imposition of an administrative penalty in the form of a warning, the beginning of the repayment of the one-year limitation period coincides with the day the penalty was imposed; The deadline for the execution of an administrative penalty when imposing a fine, administrative arrest, deprivation of a special right, or disqualification coincides, respectively, with the payment of the fine, with the end of the actual serving of the administrative arrest or with the expiration of the period for which the citizen was deprived of a special right, as well as with the expiration of the disqualification period for the official faces; The statute of limitations for forced administrative deportation is calculated from the moment of actual deportation.

The commission of a new administrative offense interrupts the limitation period for paying off the administrative penalty. It begins to flow from the moment of execution of the administrative punishment imposed for a newly committed administrative offense.

A person exempted from administrative liability due to the insignificance of the administrative offense is not considered subject to administrative punishment.

The basis for full repayment of administrative penalties is the expiration of the one-year period provided for in this article and the failure to commit a new administrative offense during the specified period. From the moment a person’s administrative punishment expires, the fact that he committed an administrative offense in the past when committing a new one cannot be taken into account as a circumstance aggravating administrative liability.

If the guilty person is subjected to primary and additional punishment, then the repayment period is calculated from the date of completion of the execution of the penalty that was executed last.

Article 4.6. Code of Administrative Offenses of the Russian Federation. The period during which a person is considered subject to administrative punishment

Article 4.6 of the Code of Administrative Offenses of the Russian Federation with comments and amendments for 2018-2019

Commentary on Article 4.6. Code of Administrative Offenses of the Russian Federation:

1. The person against whom the proceedings were conducted is considered to be subject to administrative punishment from the moment the decision imposing an administrative penalty enters into force (for the timing of the entry into force of decisions in cases of administrative offense, see the commentary to Article 31.1). A person is in a state of so-called administrative punishment both during the period of execution of the administrative punishment and also during the period specified by law after the execution of the punishment. This period is the statute of limitations for paying off an administrative penalty. It is equal to one year, calculated from the date of completion of the execution of the decision on the imposition of an administrative penalty. After the expiration of this year, the person is considered not to have been subjected to administrative punishment.

2. The period for paying off the punishment is a kind of probationary period, during which the person held accountable must prove that he has reformed. Therefore, the starting point of the one-year period for repayment of punishment is not the moment of the decision to impose an administrative penalty, but the day of the actual end of execution of the imposed punishment.

3. A one-year repayment period for administrative penalties is established for all administrative penalties, regardless of their type, size and timing.

4. If an administrative penalty is imposed in the form of a warning, the beginning of the one-year limitation period coincides with the day the penalty itself was imposed.

5. The deadline for the completion of execution of a punishment when an administrative fine, administrative arrest, deprivation of a special right, or administrative suspension of activities is imposed coincides, respectively, with the moment of full payment of the fine amount, the day of the end of the actual serving of the administrative arrest, with the expiration of the period for which the deprivation of a special right was assigned or administrative suspension of activities.

6. If the guilty person is subjected to primary and additional punishments, then the one-year period is calculated from the date of completion of the execution of the punishment that was executed last.

7. Repayment of an administrative penalty after the expiration of a one-year period occurs automatically and does not require execution by a special document.

8. Repeated commission of a homogeneous offense during the period that has not expired for the previous punishment is considered as a circumstance aggravating administrative liability (see paragraph 2, part 1, article 4.3), and in some cases can serve as a qualifying criterion for the application of a more severe measure of administrative liability (see, for example, part 2 of article 5.27).

Time limit for lifting an administrative offense

A situation where the statute of limitations has expired leads to the termination of a case: a person is automatically released from responsibility for the act. Neither filing a claim nor imposing a penalty after the statute of limitations has expired is impossible. The rule does not imply deliberately waiting for the statute of limitations. Once the fraud is discovered, the unscrupulous person will be punished even after the expiration of this period, since the statute of limitations will be suspended, and after the fugitive driver is found, it will resume.

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The period during which a person is considered subject to administrative punishment

VIDEO ON THE TOPIC: Administrative offenses in the field of road traffic

Kursk Emelyanov Evgeniy Yurievich. The period for bringing to responsibility is calculated from the day following the day the administrative offense was committed and the day the offense was discovered.

According to the general rule established by Art. At the same time, taking into account the peculiarities of identifying and proving a separate category of administrative offenses, the legislator established a statute of limitations for them of 1 year. The list of such offenses is contained in Part.

A special statute of limitations for bringing to administrative responsibility is established for violation of the legislation on corruption - a person can be brought to justice within 6 years from the date of commission of the administrative offense. It should be borne in mind that if the offense is of a continuous nature over a long period of time, then in accordance with Part 2 of Article 4.

The Code of Administrative Offenses of the Russian Federation provides for the only case of suspension of the statute of limitations - 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. Then the period from the day the petition is granted until the day the case materials 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 is excluded from the statute of limitations.

For example, if a citizen has committed a traffic violation in the territory of another district or region other than his place of residence, he has the right to petition the court to transfer the case materials to the court at his place of residence. The time for transferring case materials from one court to another court for consideration of the case on the merits will not be included in the statute of limitations for bringing to administrative responsibility.

The building of the prosecutor's office of the Kursk region, Kursk, st. Lenina, 21 directions. Pristen, l. Gorky, d. Any use of site materials on the Internet is permissible provided that the name of the author is indicated and a hypertext link to the source of borrowing is placed. Prosecutor's office of the Kursk region. The prosecutor's appeal to the residents of Kursk and the Kursk region On January 12, Peter the Great created the Prosecutor's Office of Russia.

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Kursk Territorial prosecutor's offices Websites of prosecutor's offices. We explain the legislation The statute of limitations for bringing to administrative responsibility Explains: Senior Assistant Prosecutor of the Central Administrative District of Kursk Emelyanov Evgeniy Yurievich The period for bringing to responsibility is calculated from the day following the day the administrative offense was committed and the day the offense was discovered.

Kursk Special Prosecutor's Office The apparatus of the regional prosecutor's office. Prosecutor's Office of the Pristensky District, Kursk Region. Lenin, Development - Showbiz Studio.

According to his plan, prosecutorial supervision is formulated as an institution of control over the activities of the state apparatus. Since that time, the Russian Prosecutor's Office has been keeping its chronology. Explains: Senior Assistant Prosecutor of the Central Administrative District of Kursk Emelyanov Evgeniy Yurievich. The period for bringing to responsibility is calculated from the day following the day the administrative offense was committed and the day the offense was discovered.

Removal of an administrative offense

Article 4. The period during which a person is considered subject to administrative punishment. The essence of the period established by this article is that a person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment within one year from the date of completion of the execution of the decision on the imposition of an administrative penalty. The period during which a person is considered subject to an administrative penalty is the period for repayment of this penalty.

Deadlines for lifting administrative penalties

Jump to navigation. Article 2. The period after which an individual or legal entity is considered not to have been subject to administrative penalties. An individual or legal entity is considered not to have been subject to an administrative penalty if, within one year from the date of completion of the main and additional administrative penalties, he does not commit a new administrative offense.

WATCH THE VIDEO ON THE TOPIC: Administrative fine - payment deadlines, consequences of non-payment, deferment, installment plan

Limitation period for administrative liability. Buy the system Order a demo version. Revisions of the document have been prepared with changes that have not entered into force. On identifying the constitutional and legal meaning of part. Resolution of the Constitutional Court of the Russian Federation from Federal Laws No. 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 is discovered. If Part 1 of this article does not provide for a longer statute of limitations for bringing to administrative responsibility, for administrative offenses entailing the application of administrative punishment in the form of disqualification, with the exception of administrative offenses provided for in Part 6 of this article, a person may be brought to administrative responsibility no later than one year from the day of the commission of an administrative offense, for administrative offenses provided for in Part 6 of this article - from the date of the decision specified in Part 6 of this article, and in the case of a continuing administrative offense - no later than one year from the date of its discovery. Federal Law No. In case of refusal to initiate a criminal case or termination of a criminal case, but if there are signs of an administrative offense in the person’s actions, the periods provided for in Part 1 of this article begin to be calculated from the day the administrative offense was committed, in the case of a continuing administrative offense - from the day it was discovered.

Deadline for removing the repayment of administrative punishment from the offender

According to Art. The specified period is equal to one year, calculated from the date of completion of the execution of the decision on the imposition of an administrative penalty. After the expiration of this year, the person is considered not to have been subjected to administrative punishment.

This must have seemed to them something unimaginably wonderful if they abandoned so much in pursuit of it. The robot does not know fatigue, no matter how long this journey takes him.

And the day will come when our cousins will receive my message and know that we are waiting for them here on Earth. They will return, and I hope that by then we will be worthy of them, however great they may be in their knowledge. Alwyn fell silent, gazing into the future, the contours of which he had defined, but which he might not be destined to see. While Man is rebuilding his world, this ship will cross the chasms of darkness between galaxies and will return only after many thousands of years.

Maybe he, Alvin, would still be here to meet him, but even if not, he was still quite satisfied with his decision. “It seems to me that you judged wisely,” Jizirak responded.

And then, for the last time, an echo of his former fear flared up in his soul to torment him: “But, suppose that the ship comes into contact with something that we would not want to meet.”

- His voice fell as he realized the source of his anxiety, and he smiled a wry smile, which was self-reproachful and which immediately drove away the last ghost of the Aliens. Alvin, however, took the matter much more seriously than Cizirak expected.

Administrative law: is there a statute of limitations for an administrative offense for alcohol, Art. 17.3?

I think it’s better for us to establish contact with our relatives - now they may show more interest in cooperation. — But the subway is closed at both ends. - We can open our side; and Diaspar will soon arrive. The Consciousnesses of the Senators - both located in Earley and scattered throughout Lys - discussed this proposal, which, however, they frankly did not like.

But they are not alternatives. The seed thrown by Alvin began to germinate much faster than he had reason to hope. When the friends reached Shalmirana, the mountains were still bathed in shadow. From a height of several kilometers, the bowl of the fortress looked very small: it seemed incredible that the fate of the Earth once depended on this tiny black circle.

deadlines for removing administrative liability.

Alvin looked at the screen again. He could cover the distance between Lys and Diaspar with one glance; one of his goals had been achieved, but now it didn't seem particularly important. And yet he was very glad: now, without a doubt, long centuries of sterile isolation would end. The knowledge that he had succeeded in his mission, which had once seemed more important to him than anything else in this world, cast aside Alvin's last doubts.

He completed his tasks on Earth, doing it faster and more thoroughly than he dared to hope. Now the way has opened to his, perhaps, his last and, undoubtedly, greatest adventure.

Jeserac made himself comfortable in the depths of the chair he had just created. The situation was becoming interesting, and he wanted to analyze it as fully as possible. But it is unlikely that he will be able to find out much, unless Khedron shows a desire to cooperate.

And he did all this. It was from those times - perhaps the longest in history - that legends about the Galactic Empire appeared. But all this was forgotten in the course of the tragedy that brought Man to his Empire that existed for at least a million years.

Since this is an exceptional case, I will arrange transport that will make you feel at home. Hilvar will be your guide. But of course you can go wherever you want. Alvin doubted whether this was really true.

Alvin wanted to answer: “Model, I guess”; but this answer was so obvious that it was certainly erroneous. So he shook his head, waiting for Khedron to answer his own question.

Administrative penalty repayment period

Current version of Art.

4.6 Code of Administrative Offenses of the Russian Federation with comments and additions for 2019 3. A one-year repayment period for administrative penalties is established for all administrative penalties, regardless of their type, size and timing. 4. If an administrative penalty is imposed in the form of a warning, the beginning of the one-year limitation period coincides with the day the penalty itself was imposed. 6. If the guilty person is subjected to primary and additional punishments, then the one-year period is calculated from the date of completion of the execution of the punishment that was executed last. 7. Repayment of an administrative penalty after the expiration of a one-year period occurs automatically and does not require execution by a special document.

If you still have questions regarding Article 4.6 of the Code of Administrative Offenses of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website. You can ask a question by phone or on the website.

Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

New edition of Art.

4.6 Code of Administrative Offenses of the Russian Federation When applying an administrative punishment calculated for a certain period (deprivation of a special right, administrative arrest and disqualification), the end date of execution of the punishment is indicated in the resolution on its appointment.

The repayment period of an administrative penalty is not differentiated depending on the type, duration and amount of the administrative penalty. It is equal to one year. A person exempted from administrative liability due to the insignificance of the administrative offense is not considered subject to administrative punishment. If the guilty person is subjected to primary and additional punishment, then the repayment period is calculated from the date of completion of the execution of the penalty that was executed last.

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. 1. The statute of limitations for bringing to administrative responsibility is the period after the expiration of which the possibility of imposing an administrative penalty is excluded.

2) features of calendar reporting, as well as the implementation of state control and supervision in the relevant area (for example, violations of legislation on taxes and fees). 3. Part of the commented article defines special statutes of limitations when imposing a penalty in the form of disqualification (see.

commentary to Art. 3.11). If the statute of limitations is calculated when disqualification is imposed for ongoing offenses, then the principle of calculating the statute of limitations for bringing to administrative responsibility for all ongoing administrative offenses is applicable here. 4. The grounds for refusal to initiate a criminal case or termination of a criminal case are determined by Part 1 of Art. 24 Code of Criminal Procedure of the Russian Federation. The legal prerequisites for terminating a criminal case against a person suspected or accused of committing a crime of minor or medium gravity, in connection with the reconciliation of the parties or in connection with a change in the situation, are provided for in accordance with Art.

Art. 25, 26 Code of Criminal Procedure of the Russian Federation. Federal Law No. 316-FZ of December 30, 2012 adopted the corresponding changes, and from that moment the time limits begin to be calculated from the day the administrative offense was committed, and in the case of a continuing administrative offense, from the day it was discovered.

Limitation period for administrative liability

And in this case, the offense will not entail any consequences. See comments to Article 4.5 of the Code of Administrative Offenses of the Russian Federation Part 1 amended from December 20, 2019 - Federal Law of December 20, 2019 N 414-FZ 2. In the event 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 offenses. Federal Law of December 30, 2012

N 316-FZ, Part 4 of Article 4.5 of this Code is set out in a new edition by the Federal Law of December 6, 2011.

N 413-FZ, Article 4.5 of this Code is supplemented by Part 5.1 by the Federal Law of July 13, 2015.

N 250-FZ (as amended by the Federal Law of October 5, 2015

N 275-FZ) changes have been made to Part 6 of Article 4.5 of this Code, which come into force after one hundred and eighty days after the date of official publication of the said Federal Law by Federal Law of July 3, 2019 N 264-FZ, Article 4.5 of this Code is supplemented by Part 6.1 Federal by Law of June 5, 2012 N 51-FZ, Article 4.5 of this Code was supplemented with Part 7

Employer liability for violation of wage legislation has been tightened since October 3, 2019

for violations of labor legislation, the amount of fines has been increased compared to those currently in force.

For repeated violations, the penalties are even stricter. Information on administrative liability for late payment of wages is presented in summary form in the table. Amounts of fines for late payment of wages For the first time Officials (chief accountant, head of the organization) from 20,000 to 30,000 rubles.

or disqualification for a period of 1 to 3 years Persons carrying out entrepreneurial activities without forming a legal entity (IP) Legal entities (LLC, JSC, etc.) Our certificate Disqualification is deprivation of the right of an individual to occupy certain positions or engage in certain activities. The decision to disqualify officials is made by the court based on the materials of the inspection of the control and supervisory authority.

Repayment of administrative liability

La imposition of administrative penalties: circumstances mitigating and aggravating liability, statute of limitations for the appointment and repayment of administrative penalties 1.

The period during which a person is considered subject to punishment can be considered analogous to a criminal record in criminal law. When bringing an offender to administrative responsibility, the statute of limitations for imposing an administrative penalty.

This offense is not imposed later than two months from the date of commission of the offense, and for ongoing offenses - two months from the date of its discovery. These deadlines do not apply to violations of tax, currency, antimonopoly and some other cases where a one-year statute of limitations is provided from the date of commission or discovery of the offense.

When applying a punishment calculated for a certain period (deprivation of a special right, arrest and disqualification), the end date of execution of the punishment is indicated in the resolution on its imposition. How has the procedure for calculating the period during which a person is considered subject to administrative punishment changed? How has the procedure for calculating the period during which a person is considered subject to administrative punishment changed in connection with the entry into force of Federal Law No. 196-FZ of July 23, 2013? Has the classification of the offense as a repeat offense changed in connection with this?

Article 4.6 of the Code of Administrative Offenses of the Russian Federation. The period during which a person is considered subject to administrative punishment

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3. A one-year repayment period for administrative penalties is established for all administrative penalties, regardless of their type, size and timing.

4. If an administrative penalty is imposed in the form of a warning, the beginning of the one-year limitation period coincides with the day the penalty itself was imposed.

7. Repayment of an administrative penalty after the expiration of a one-year period occurs automatically and does not require execution by a special document.

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The listed negative consequences cease to apply to the person subject to the penalty if he does not commit a new administrative offense within a one-year period. A one-year repayment period for administrative penalties is established for all penalties, regardless of their type, size and duration.

If the guilty person is subjected to a primary and additional penalty (for example, for violating hunting rules, both a fine and confiscation of a hunting weapon were simultaneously applied), then the one-year period is calculated from the date of completion of the penalty that was executed last.

Limitations on the grounds for the application of penalties are established in relation to military personnel and persons equivalent to them, judges, prosecutors, persons enjoying parliamentary immunity associated with the application of administrative penalties in an administrative manner and in cases provided for by law. Thus, military personnel and those called up for military training, as well as members of the rank and file and commanding staff of internal affairs bodies, are responsible for offenses under disciplinary regulations.

Administrative punishment

A person who has been sentenced for committing an offense is considered to have been subjected to this within one year from the date of completion of the execution of the decision on the imposition of an administrative penalty. If the guilty person is subjected to a primary and additional punishment, then the repayment period is calculated from the date of completion of the execution of the one that was executed last.

The essence of the period established by this article is that a person who has been assigned an administrative penalty for committing an administrative offense is considered subject to this punishment within one year from the date of completion of the execution of the decision on the imposition of an administrative penalty.

The period during which a person is considered subject to an administrative penalty is the period for repayment of this penalty.

A person who has been sentenced for committing an offense is considered subject to this punishment from the date the decision on the imposition of an administrative penalty enters into legal force until the expiration of one year from the date of completion of execution of this decision.

1. The period during which a person is considered subject to administrative punishment can be considered analogous to a criminal record in criminal law.

During this period, a person who has already been given an administrative punishment is under increased legal attention from the state in order to make sure that the punishment has achieved its goal - preventing the commission of a new offense by this person (Article 3.1 of the Code of Administrative Offenses of the Russian Federation).

3. The period during which a person is considered subjected entails certain legal consequences for the subject, namely, if during the specified period the person commits a homogeneous administrative offense, this circumstance will be taken into account as an aggravating factor when assigning punishment for a newly committed offense (clause

2 hours 1 tbsp. 4.3 Code of Administrative Offenses of the Russian Federation).

Based on Art.

4. 6. Code of the Russian Federation on Administrative Offences, the person against whom the proceedings were carried out is considered punished from the moment the resolution imposing an administrative penalty comes into force. The specified period is equal to one year, calculated from the date of completion of the execution of the decision on the administrative appointment.