Various kinds of violations of the current legislation lead to the development and application of punishments. One of the measures to influence offenders is a fine. The amount of penalties is determined by the administrative commission based on the results of the consideration of the protocol drawn up for the violator. The protocol on an administrative offense is drawn up by a person authorized by these actions. The article will tell you how to correctly draw up the specified document, in what time frame the procedure is completed and what measures need to be taken if the offender refuses to draw up the protocol.
Legislative issues
The protocol on an administrative offense is drawn up on the basis of the rules enshrined in the Code of Administrative Offenses in article 28.2. This code is enshrined in Federal Law No. 195 of December 30, 2001. The article fully discloses how to properly compile this document and its main essence.
What is an administrative offense?
This includes all unlawful actions of individuals or legal entities, as a result of which administrative responsibility is imposed. Penalties are imposed on offenders in the form of punishment.
Most often we hear about such protocols during a violation of the rules of the road or in the process of non-application of measures established by the rules of improvement. The legislation establishes a wide range of violations, the results of which impose penalties.
What information does the document contain?
The protocol on an administrative offense is drawn up by a person authorized to do so by decision or order. The document must contain the following data:
- Place of registration of the document and the date of its preparation (day, month, year).
- The initials (surname, name and patronymic) of the authorized person for compiling the document and his position are fully indicated in the protocol.
- If the protocol is drawn up for an individual, then his passport data (name, surname, patronymic, registration and details of the document), as well as the address of residence upon fact are indicated in it.
- If the protocol is drawn up for a legal entity, then the address of the organization’s registration and information on the management are indicated.
- The protocol prescribes information about the victims, as well as witnesses for this administrative offense, if such will be present at the place of drawing up the protocol (last name, first name, middle name, residential address, passport details and contact numbers). In this line the indicated persons affix their signatures.
- The document contains information about the essence of the offense. The date, time and place of the commission of the illegal act must be indicated. In this case, the date of the protocol and the date of the administrative offense must coincide. The administrative protocol is drawn up at the place of the offense.
- The document must necessarily contain a reference to the article of the administrative code that has been violated.
- Also in the document there is a line for explanations of the person or the head (representative) of the organization that violated the legislatively established rules. This is a mandatory measure if a protocol on an administrative offense is drawn up in the presence of violators of the law.
- The protocol may also contain other information conducive to a full and comprehensive review of this violation in an administrative case.
The document spells out the rights for offenders, which are mandatory read out loud before affixing signatures. To confirm illegal actions, photos and video materials can be attached to the protocol; for this, it is necessary to indicate in the document what equipment these materials were recorded on.
Rules for signing a document on administrative offenses
The protocol on an administrative offense is drawn up by a person authorized to compile these materials, and before signing the document, individuals or legal entities represented by their representatives should be familiarized with the drawn up protocol. If these citizens and the head (representative) of the enterprise or organization do not agree with the protocol, they can leave their explanations about the disagreement on the essence of the text. These explanations are attached to the document.
The administrative protocol is fully certified if all signatures are supplied. At the same time, the protocol contains the signatures of not only offenders, but also authorized employees on the preparation of the protocol. If citizens who have violated the law or representatives of a legal entity do not want to sign an administrative document, then an entry is made in it that these persons refused to sign. In this case, this record must be certified by the signatures of two witnesses who were present at the refusal.
Drawing up a document without the presence of the offender
The protocol on an administrative offense is drawn up immediately at the place of unlawful actions, but if a citizen or the head of a legal entity that has violated the law does not appear at the place of compilation of materials, the authorized person has the right to draw up a document without the presence of the perpetrators.
If the administrative protocol is drawn up in the presence of the offender, then a copy of this document is handed over to him, while a note is made in it that a copy of the protocol was handed over and the signature of the offender is put. A copy of the document is also sent to the injured parties, if any.
Where is an administrative offense report drawn up if the defendant is absent? The person authorized to draw up administrative protocols has the right to draw up a document at the place indicated in the notification sent to the violator. If the defendant has not arrived at the place of compilation of the document, then a copy of the protocol is sent by registered mail with notification to him by mail.
Legislatively allotted three days for this procedure. Moreover, if a citizen received this letter, as evidenced by his signature in the notification, then the case can be referred to the administrative commission, according to the results of which a certain penalty is imposed in the form of a fine or warning.
Deadlines for the preparation of an administrative offense
The deadlines for drafting administrative documents are divided into three groups. It all depends on the situation. The protocol of an administrative offense is drawn up either on the day the crime is committed, or within two days, or after an administrative investigation.
If the person authorized to draw up this document has all the information necessary to fill out the form at the time of detecting illegal actions, as well as compiling the protocol is carried out in the presence of the offender, the protocol is drawn up immediately.
If there is no information for the preparation of the document, then it is legislatively fixed that the protocol on the administrative offense is drawn up within two days from the date of the violation. During an administrative investigation, a protocol is drawn up based on the results of this event.
When is an administrative investigation carried out?
This investigation is carried out only when the necessary information for the preparation of the document can be obtained as a result of the relevant procedures and examinations, which can take a lot of time.
It is legislatively stipulated that in the process of this investigation the protocol on an administrative offense is drawn up within 30 days. Of course, there are situations as a result of which the period of an administrative investigation can be extended. These possibilities are disclosed in paragraph five of Article 28.7 of the Administrative Code of the Russian Federation. At the same time, it was agreed that the time for drawing up a protocol on an administrative offense could last for up to six months.
An example of a document on administrative violation
How to draw up a protocol on an administrative offense? There is no single form for this document for all administrative offenses. Each state or municipal authority has its own developed designs. However, the content of the information does not differ between these protocols.
At the very top of the page, at its center, the name of the document is written. Below, in the right corner, the place of compilation of the protocol is indicated, and in the left corner - the date of its execution. Next to the name is a number in order. This is necessary for further registration of the document in the logbook.
Next, data is recorded on the position, surname, name and patronymic of the employee or specialist sent to compile this document. The following is information about the offender citizen. When filling in the information, an individual must indicate the full name, first name, middle name, passport information, address of not only the place of registration, but also the place of residence in fact, information about work, marital status, average earnings, place of work, education, phone number. In addition, the protocol provides information on whether a given citizen has wards.
If the protocol is drawn up for a legal entity, then the postal and legal address of the organization, its state registration number, initials of the head or representative of this legal entity must be indicated. At the same time, the details of the document certifying their position shall also be indicated for representatives. Usually, the leadership of this organization is indicated as a representative, and an order, decision or order to take office of these citizens is used as a document.
The main canvas of the document is assigned to describe the essence of the offense. If it is necessary for the preparation of the document to have two witnesses, then their initials, passport details, their place of residence and telephone numbers are entered below. Below is the place for an explanation from the offender. In some cases, these explanations may be written separately and attached to the protocol.
The following is information about signatures. In the place where the information is indicated that the offender refuses to explain, two signatures are put and it is written that the citizen or representative of the legal entity refuses to sign.
At the end of the document information is posted that a copy of the protocol was handed to the defendant, and he must assure this information with his signature. If he refused to give him the second copy of the protocol, then in this column two witnesses write that he did not take a copy of the protocol and put their signatures. The date of delivery of this document is also indicated here if the offender has not refused to hand him a second copy.
An approximate form of administrative document can be seen in the photo below.
What mistakes can authorized persons make when compiling the protocol?
The protocol on an administrative offense is drawn up by an authorized person who, like any people, may make mistakes in the preparation of documents. When compiling the administrative protocol, they can be divided into significant and insignificant. It is essential that this administrative document must be completely filled out, all the information that was prescribed above must be entered into it.
The protocol is drawn up at the place of the administrative offense. Without fail, if the protocol was drawn up in the presence of the offender, it must bear the signature of the defendant that he was acquainted with his rights. If the administrative protocol was drawn up in the absence of the offender and at the same time he was not properly informed that the protocol was drawn up, then these actions will be unlawful until the protocol is canceled and the proceedings in this case are terminated.
No corrections to the protocol are allowed. If there are any, then they must be certified by the signature of the person authorized to draw up the protocol and the signature of the violator, who certifies that he has seen this correction and agrees with it.
Minor errors include the fact that the protocol does not contain some information points that will be examined by the administrative commission. Also, minor violations include the preparation of documents in the absence of the defendant, but only if he is notified within the time limits established by law about the preparation of this document.
The person authorized to draw up the protocol must notify the offender in advance of the date and place of preparation of the administrative document. If the offender without good reason did not appear at the place of compilation of the protocol, then this also will not constitute a material error in compiling it.
Minor errors are spelling inaccuracies in the design of information, the exception, of course, is the spelling of the surname, name and patronymic. Spelling errors are not allowed here.
Is an administrative offense always drawn up?
Sometimes, when committing an unlawful act, a protocol may not be drawn up. This happens if this violation does not pose a danger to society and if this illegal action does not provide for a fine.
The Code of Administrative Offenses stipulates that a protocol is not drawn up if a fine is imposed or a warning is issued immediately at the place of detection of the violation. In this case, a decision should be made in the case of an administrative violation. One copy of the decision is handed over to the offender immediately on the spot. If he refuses to accept it, then this document is sent by registered mail with notification. If the violator disagrees with this decision, the protocol should still be drawn up and attached to the decision.
The protocol on administrative violation is drawn up for all violators of the law, whose actions fall under the articles with penalties. In other cases, authorized representatives of state and municipal authorities issue warnings.