Administrative Offense Protocol: completed sample and recommendations

Any deviation from the law should be documented. That is why a protocol on an administrative offense is drawn up . The completed sample of this document will serve as an example for its proper execution. It is drawn up by an authorized official due to the occurrence of an event that violates the law.

Compilation rules

The protocol is referred to in Art. 28.2 of the Code of Administrative Offenses dated 30.12.2001 No. 195-FZ. The law discloses the essence and rules of compiling a document. The completed sample administrative offense protocol includes the following information:

1. Date and place of registration.
2. Position, full name of the compiler.
3. Information about the violator of the law. It can be a citizen or organization. It is necessary to indicate the full name, passport details, address, registration or legal address, information about the director of the organization.
4. Data on the victims and witnesses, if any (full name, passport details, addresses).
5. Information about the offense (date, place, essence).
6. Indication of the article of law.
7. Explanations of the intruder.
8. Other information that is needed to help the case.

The sample protocol on an administrative offense in the Russian Federation in all cases is one. The document will differ only in content, since it is drawn up for a specific violation. The completed sample of the protocol on an administrative offense in the traffic police includes examples of cases that may occur on the road.

Features of the compilation

Who has the right to draw up a protocol on an administrative offense in the Russian Federation? Only an authorized official may do this. Before filling out the document, he must explain to the violator about his rights and obligations fixed by law. This is also recorded in the protocol.

Persons on whom the paper is drawn should familiarize themselves with its contents. You can leave a note of disagreement with the text or explanation. The document is certified by affixing the signatures of the originator and the offender. If the second does not want to sign the paper, this must be indicated in the content.

The second copy of the protocol remains with the person who drew it. The offender must sign a copy. A copy is issued to the victim. If the citizen, due to whom the protocol is drawn up, is absent at this event, he is provided with paper by mail. The law established 3 days for this.

Compilers

Who has the right to draw up a protocol on an administrative offense? According to Art. 28.3 Administrative Code this work is performed:

1. Officials of bodies that are required by law to consider administrative offenses.
2. Federal executive bodies - the police, tax officials, financial and budget control officials.
3. Members of election commissions, persons of the penal system, security agencies.
4. Local government bodies.

Deadline

The preparation period may be different depending on the case. It is made out:

1. Immediately after the violation.
2. For 2 days.
3. With the end of the administrative investigation.

Immediately, a protocol is drawn up when all the information and circumstances of the event necessary to fill out the form are established. If clarification of any information is required, the law provides for the possibility of compiling a document within 2 days from the date of violation. If necessary, an investigation is drawn up after this event. This is permitted by law.

An administrative investigation is carried out when information can be obtained using the results of examinations and other actions that take some time. Usually it takes no more than 1 month. But in some cases referred to in paragraph 5 of Art. 28.7 Administrative Code, this period can be increased. If it is necessary to carry out a lengthy investigation, the permitted period may be extended to six months.

Sample

There is no single completed sample of an administrative offense protocol. All state bodies, using their internal documents, approve the protocol form used in the work. But the content and appearance of the forms are practically the same. The sample protocol of an administrative offense, completed by the district police officer, includes the same sections as other similar documents.

At the top in the middle of the page is the name of the document, number. Below, on the left side, the date is fixed, and on the right - the place of compilation. Then information about the employee who draws up the protocol, as well as information about the violator, is indicated. Moreover, not only full name, passport data, but also an address, telephone number, place of work will be required.

The main part of the protocol is the description of the event. Below are empty sections where data on witnesses and victims are recorded. At the end, the signature of the violator and the originator is put. The citizen, due to whom the document was drawn up, confirms with a signature that he was explained the rights, obligations, and a copy of the document was provided. Information on receipt of a copy shall be certified by signature and date of delivery. A completed sample of the protocol on an administrative offense is present in the article.

Mistakes

Inaccuracies in this document are material and non-material. The former include the lack of information specified in Art. 28.2. Part 2 of the Code of Administrative Offenses. This means that in the protocol it is necessary to fill in all the fields and indicate all the data that was mentioned earlier.

If the document is executed in the presence of the violator, then signatures are needed that confirm familiarization with the rights and obligations and other information of the protocol. When filling out the protocol without a violator and if it is impossible to inform him of the date and place of filling, this is considered a violation of procedural rights. This leads to the cancellation of the document and the termination of production on it.

Who has the right to draw up a protocol on an administrative offense under traffic rules? The traffic police inspectors are vested with this right. All corrections in the document are certified by the signature of the official who filled out the form. The offender also puts a signature, confirming that he is familiar with the corrections. Such filling standards are binding on everyone.

Insignificant errors are considered to be deficiencies in the information that are compensated during the consideration of the case. Such shortcomings include filling out the document in the absence of the offender, if he was provided with a notice on the date and place of compilation, but he did not appear at the appointed place. Spelling errors are not considered significant and have no consequences if they are not in the surnames.

Appeal

The protocol can be appealed. To do this, gather evidence of personal innocence. If the document was compiled by an employee of the traffic police, then audio and video recordings of communications, as well as photographs are suitable. Every detail can be important.

It is necessary to fill in the section “Driver's explanations”. There you must specify the phrase "I do not agree." Then it is clarified how everything really happened. At the end, indicate what evidence is available. Empty spaces must be crossed out to prevent the illegal addition of information.

It is important to prepare for the analysis of the incident in the traffic police or the court. It is necessary to carefully analyze the situation. Information should be printed from the relevant regulatory documents. A careful approach to the situation will quickly solve this problem.

Punishment

Sometimes paperwork does not occur. If there is a violation that is socially dangerous and for which a warning or a fine is imposed, then a protocol is not required. It is not necessary to draw up a document if a fine was imposed or a warning is issued immediately after the violation. In this situation, a decision is filled out, a copy of which is also provided to the violator - in person or by mail. If the violator does not agree with the last document, a protocol is required.

The protocol of violation confirms the event. Often it is made in violation of traffic rules. Whoever fills it, you must adhere to the rules of registration. Then the document has legal force.