The term for considering an administrative case is a very important nuance that all citizens should be aware of. Indeed, in Russia at the legislative level, some accusations can be avoided or appealed. In addition, it is important to realize how much a case will be considered. Further, everything will be told about the studied features. What are the scenarios? What can be considered an administrative violation? How much will it be considered in a particular case? Is there any way to extend or accelerate this period? Having answered all the questions posed, it will be possible to fully clarify the situation. In reality, everything is not so difficult. Especially if you carefully study the laws of the Russian Federation.
Administrative violation is ...
To know what the deadline for the consideration of an administrative case is laid under certain circumstances, it is necessary for all citizens. But before that, it will be necessary to clarify what violations are in question.
The Russian Federation provides for several types of liability. We are talking about administrative and criminal cases. It is generally accepted that a criminal case is a capital punishment. Administrative responsibility is a kind of "soft" measure to prevent repeated violations. Often it is expressed in the form of fines.
An administrative offense is an act for which administrative liability is established by law. This action / inaction is distinguished by the fact that in fact it does not pose a significant danger to others. Some actions may be recognized as a violation or a crime.
Conviction
What is the term of consideration of an administrative case? This question will be answered a little later. First you have to understand in which case a person or entrepreneur is guilty of a specific violation of the administrative code.
The thing is that under the established legislation (Article 2.1) jur. the person is guilty of a violation if it was proved that the organization could comply with the rules of conduct, but the person did nothing to do so.
The same goes for ordinary citizens. If a violation of an administrative nature has been proven, the person shall be found guilty. There is nothing difficult or special about this.
A special investigation is required to convict an administrative violation. In the course of it, all materials and circumstances preceding the event are studied. As a result, a decision is made. That is why it is important to understand how long the statute of limitations for considering an administrative case is.
Generally accepted deadlines
In fact, everything is simpler than it seems. The appropriate code will help to understand the question posed (see image below). It spells out the duration of the proceedings, as well as the conditions for the extension thereof.
Today, you have to count on about fifteen days. The thing is that the term for consideration of an administrative case is 15 days. The countdown begins from the moment of receipt of the protocol on certain acts. It is possible to obtain evidence materials made with the help of modern technical equipment capable of taking photos and video recordings. For example, from cameras "safe city".
In practice, such a duration takes place. It is generally accepted that administrative cases are considered for no more than two weeks. This is the maximum time for which the issue can be resolved. It is hoped that the case will be considered faster. This factor cannot be called accurate, it all depends on the load on a particular organ.
In a court
The next stage that needs to be carefully studied is the consideration of cases in court. Often even minor administrative violations are referred to the judiciary. It is important to understand that the study of these will have a different duration.
The term for consideration by a court of an administrative case is 2 months. The reference point is considered the moment of receipt of the protocol or petition for the violation. Such a duration is indicated in the Code of Administrative Offenses, in article 29.6.
As in the past case, the court is able to make this or that decision faster. But in practice, such situations are rare. You should not count on a quick trial. When applying to the authorities to protect their rights and freedoms, the maximum duration of work with certain documents is always taken into account.
Renewal
As already mentioned, under certain circumstances it is possible to extend the period for studying administrative offenses. This measure is not very common in practice.
The extension of the term for consideration of an administrative violation case in Russia under the established laws is carried out by the investigating authority or the court. To do this, you must comply with some conditions. Which ones?
For example:
- An extension takes place if the participants in the case file a motion to review the violation. This is a very common scenario in which events can develop.
- If necessary, additional investigation or study of new circumstances. If the deadlines set earlier are not respected, then the court or the body considering the violation has the right to an additional investigation.
It is impossible to study violations without justification. There must be a good reason for putting ideas into practice.
A judge or a body examining a case has the right to extend the term for considering an administrative case for a particular period. If the situation and circumstances require it. The total period for consideration of an administrative case may be extended by no more than 1 month. This event requires a reasoned determination.
Special affairs
It should be noted that Russian legislation has a huge number of features and nuances in all its directions. Even when studying certain violations. And administrative matters are no exception. What each person needs to remember.
The term for consideration of an administrative case under certain circumstances is five days from the date of delivery of the protocol. Extension of this period is not provided by law. We are talking about cases related to violations under the articles of the Code of Administrative Offenses:
- 5.1-5.25;
- 5.58;
- 5.69;
- 5.45-5.52.
It is such restrictions that apply today in Russia. There is no other way. Every citizen must remember this.
Arrest and Expulsion
All of these features and nuances are not unique. Different violations are considered at different times. This is a normal occurrence. The statute of limitations for an administrative case can be very short. Significantly less than the previously mentioned restrictions.
We are talking about situations in which a citizen is subject to administrative arrest or expulsion from the territory. How long then is the time limit for considering an administrative case? At the legislative level, a one-day restriction has been established. This means that if it is necessary to deport or impose an administrative arrest, the case will be examined within 24 hours from the moment the protocol or evidence of the act was received.
The exception is cases in which an already detained person is involved in the violation. Then the term for consideration of the case of an administrative offense will be two days. More precisely, no more than forty-eight hours. The countdown should begin from the moment of detention of the offender.
Suspension
The terms of consideration of an administrative case (traffic rules or any other case - not so important) have already been considered. Almost all possible scenarios have become known. It remains to take into account the latest features of the topic under study.
For example, some violations involve the suspension of a company or citizen. The study of such cases is nothing but the last feature. What is the deadline for considering an administrative case if the company’s activities were temporarily suspended?
A week is devoted to such events. More precisely, then 7 days from the date of termination of the company’s activities and workflow. It should also be borne in mind that temporary suspension of activities will ultimately count towards administrative punishment.
Circulation period
Perhaps all possible alignments have been studied. In fact, everything is not so difficult! If you are well versed in the laws of the Russian Federation, you can accurately say how much will be allocated to the study of a violation of an administrative nature.
Pay particular attention to the period when you can go to court after an offense. How long can a perpetrator be held accountable?
There are different cases. It all depends on the circumstances. To date, it should be based on the fact that the statute of limitations for considering an administrative violation case leaves:
- 2 months for most violations;
- 1 year - if disqualification is granted as a punishment or if the violation lasts.
Calculation thereof begins either from the moment of receipt of applications for review of violations, or in the presence of a protocol on initiating proceedings, or from the moment of direct commission of a crime.
Accordingly, according to the rules established to date, the term for considering an administrative case (12.8 article, for example) is 12 months. There is nothing difficult to understand. Simply classify the perfect act.
About violation of terms
One of the most important problems in the legislation is the violation of the terms for considering an administrative case. Such a phenomenon should be considered as closely as possible, and a little attention should be paid to this process. The thing is that such an act violates the human rights to protect their freedoms and interests in court, which is described in detail in the Constitution.
It should be noted that the body examining the case is obliged to take all possible actions to eliminate the unjustified violation. As already mentioned, some periods for studying violations can be extended, but only if there are good reasons.
If it was proved that the time limit for consideration of an administrative case has been unjustifiably violated, the reviewing body or judge shall be brought to disciplinary action. He may even be prematurely deprived of authority.
Unfortunately, today administrative violations are more and more common. In this regard, the number of cases that are considered without observing the established restrictions is growing.
How to behave
What to do if a citizen suspects that the time period for considering an administrative violation case is less than the time the body considering the act reported?
There are several options. You can either complain to higher authorities, reinforcing your dissatisfaction with the laws of the country, or just wait. As practice shows, it is the second case that is most optimal. As already mentioned, an increase in the number of administrative violations leads to an increase in the expectation of satisfaction of certain complaints.
Summary and Conclusions
From now on, it is clear how long the statute of limitations for considering an administrative case is. You will have to pay attention to the many features of the perfect act. Only in this way will it be possible to establish the maximum duration of a case study.
Some situations extend the administrative investigation. In practice, such cases are not too common. Indeed, for them, good reason must be revealed.
Most often, administrative cases are considered for 5-15 days. It is recommended to pay attention to such limitations.