In case of administrative offenses, the time period for consideration of the protocols drawn up for different cases is essential. Legislative provisions govern, in particular, Article 29.6 of the Administrative Code of the Russian Federation. It clearly indicates the procedure for fixing misconduct by authorized persons. The compilation of a protocol on an administrative offense is possible immediately after an unlawful action by employees of the authorities is revealed. Authorized officials are required to draw up a document in accordance with the regulations provided for each specific situation.
Order
The basis for starting consideration of the incident is a document issued upon the fact of an administrative offense. There is no deadline for this, since a protocol must be drawn up immediately. Many legislative acts are involved in administrative proceedings, but the creation of protocols in this area is regulated by Art. 28.2 of the Code of Administrative Offenses. The law is still periodically subject to adjustments and changes; it is being improved under the influence of time.
What the act indicates
The provisions of the code describe the manner in which persons are held accountable for reported offenses. If acts are developed and approved at the federal or regional level, they must comply with the provisions of the Code of Administrative Offenses of the Russian Federation. A documented administrative offense within a period not contradicting the law serves as the basis for a judge or a state body to make the right decision.
Review Procedure
Unlawful acts, omissions with harmful consequences and cause and effect, which do not entail criminal liability, are recognized as offenses and are considered in the framework of administrative cases. Officials initiate such cases if they have the right to draw up an appropriate protocol. When the prosecutor’s office is involved in an incident, government officials make a decision. The terms of consideration of an administrative offense depend on the bodies and articles employed in it, indicating the degree of seriousness of the offense.
Who is involved in investigative activities
The subject is investigated by the official who drew up the protocol or an official authorized by the body. If the case is legally subject to trial, transfer the case to this authority. The preparatory stage and the documentary collection are carried out in accordance with Article 29 of the Administrative Code of the Russian Federation.
Standards allow you to:
- identify the perpetrators;
- establish the degree of punishment;
- hear the participants;
- make a decision.
All interested parties must take part in the consideration of issues, they shall be notified in advance about this.
They consider cases in those regions where they were committed, and investigates the body that initiated the proceedings.
How is the process going?
The procedure is performed in accordance with the procedural order:
- Announce the protocol of an administrative offense. Timing depends on the article. If a penalty is provided, the case is considered within 15 days after the document is received.
- Listen to the explanatory testimony of the perpetrators.
- They accept the arguments of all participants - witnesses, specialists, experts, prosecutors.
- Explore the evidence base.
- Make up the final protocol.
In the course of the cases under consideration, with an ideal case:
- give a correct assessment of the event;
- take evidence into account;
- qualify a crime by the nature of the act and the level of guilt.
When investigating an act, it is necessary to take into account the timing of the involvement. Administrative violation may have the following consequences:
- the ruling;
- termination of the case;
- assigned punishment.
An act that has entered into legal force becomes binding. Within three days, the decision on an administrative offense shall be sent by mail, drawn up and signed by persons considering the conflict, if the persons involved were absent when it was announced. When everyone is present when reading the decision, a copy of the document is handed over immediately.
What can be concluded
Article 29.6 of the Code of Administrative Offenses on the terms stated in detail:
- 15 days are given by law to consider the case received with the materials by officials, competent authorities. In this case, even facts taken by special technical means are taken into account.
- In court, the protocol and the evidence attached to it must be considered in 2 months.
- Upon receipt of applications from persons involved in production or with additional clarifications of the causes of the incident, the period may be extended by 30 days according to the reasoning definition.
- Cases under article 5 relating to offenses that infringe on the rights of citizens are examined within 5 days after the judge receives the relevant protocol.
- With participants in cases when, as a result of the consideration, they are expected to be expelled from the country or restriction of freedom, they are dealt with immediately if the offender is to be detained. After 48 hours, they should voice the charge or make a decision.
- Violations that entailed the suspension of the enterprise or a temporary restriction on its operation are considered 7 days after the branches, representative offices, structural divisions, and production sites ceased to function. The termination of the operation of aggregates, real estate, and the provision of services refers to this provision. The spent period for a temporary ban on the operation of the enterprise is taken into account if the punishment is transferred to a specific date.
In any case, the rights to transfer materials for familiarization to all interested parties must be respected. The competent authority that dealt with the conflict is obliged to listen to all parties, study the arguments, examine the evidence. After thorough investigative measures, the authorized person makes a decision.
Different situations
Citizens, even those who are far from jurisprudence, are familiar with the statute of limitations. Similar time limits on an administrative case also apply. The purpose of such time periods is the ability to hold accountable for 2 months.
When the driver breaks the rules while driving, after 60 days it cannot be punished. If an offense is revealed by an authorized person, he writes out a document in 2 copies and acquaints the perpetrator with it, one copy is handed over to the perpetrator. Only with unclear information about the offender, the time period for drawing up an administrative offense is extended by 2 days. If there are questions related to the circumstances of the incident, conduct an investigation. Then the law allows at the end of the investigation to draw up a protocol. This provision is confirmed by Article 28.7 of the Code of Administrative Offenses.
How to comment on the legislative act
According to Article 28.5, the main procedural act of an administrative offense is a protocol drawn up at the scene of an incident. Based on it, a decision will be made.
The document contains:
- all information about actions;
- characteristic of the responsible defendant.
If the protocol is incorrectly drawn up or unauthorized persons are involved in its production, it will be returned to the authorities or citizens involved in the actions. Regulates such legal relations clause 4 of article 29.4.
We find out in what time the administrative offense can be fixed if the investigation was conducted? It is necessary to draw up a protocol within a month, and the extension is possible at the request of officials. Permission to renew is also documented. When a crime is accompanied by damage to human health, it goes into another phase of the investigation and is extended to six months. After the end of the investigative stage, the law provides a 3-day period for bringing the guilty persons under an administrative offense.
A set of papers confirming each fact is sent to the court or authorized body. Administrative Code gives the right to citizens to appeal the decisions and decisions.
Terms of appeal of an administrative offense
If a violation of the law, entailing administrative liability, is established, then the law allows citizens to protect their rights and file a claim for the issued act. For any legal actions and legal relations, restrictive periods are established; they are regulated at the legislative level. Complaints are not subject to state duty.
The period for consideration is described in the law and depends on the type of claim:
- a standard complaint is sent to the officials with the case materials - the period for examination is 10 days;
- documents submitted to administrative authorities are valid for 2 months;
- Violations related to labor legislation and regulatory legal acts on labor law are considered after 5 days;
- Claims against a court decision with a denial of appeal may be filed within 5 days.
If, when calculating the dates, it is established that holidays or weekends fall on this period, they are transferred to the working date.
On what grounds?
In order to complain to a higher authority and not receive a refusal to accept the document, the applicant must indicate the reasons and confirm the grounds.
All life situations are largely similar, so lawyers group them into categories:
- When they drew up the protocol on offenses, they made mistakes and inaccuracies. The facts are supported by documents.
- Unauthorized persons made decisions and sentenced them.
- The ruling infringes civil rights.
- There is no evidence of administrative unlawful acts. There is evidence of this from a person suspected of committing a violation.
A person can file a claim:
- affected by the event and disagreeing with the decision;
- representatives of the incident;
- accused of an offense.
In what cases the decision becomes legal
Not everyone knows the law and makes claims. In many cases, it’s easier to pay an illegal fine than to initiate a case.
The decision becomes legal if circumstances are present:
- no claim has been received and the deadline for such action has expired;
- all possible deadlines have passed, there were no protests on the verdict, the decision-making authority did not independently detect violations and did not cancel them;
- the case is not subject to further appeal, and the court order remains unchanged.
When citizens decide to express their disagreement with authorized structures through the courts, this is their legal right, which is guaranteed by the Constitution of the Russian Federation.