What is a CAO? This is the name of one of the codes. It is a specific document. At the same time, it includes a list of prohibitions, measures of responsibility for their violation and determines the procedure for holding accountable and the powers of authorities.
State of the legislative framework
It is constantly being amended and supplemented. There is no other law that includes them so often. What is a CAO? The officials responsible for the application of the code and lawyers representing citizens and organizations in the courts consider it a controversial and unbalanced regulation.
According to practitioners, changes to the text are made haphazardly, many articles have not been finalized and are slurred. Complaints of slurredness and gaps in the norms also apply to the procedural part of the code, which describes the procedure for prosecuting and considering a case by a court or other authorized body.
Subject to endless amendments, the Code of Administrative Offenses of the Russian Federation with amendments is popular among lawyers.
Consequences of legislator errors
Some of the provisions of the law do not work. For example, an article for insulting. Local police do not accept applications from citizens and do not draw up documents for them. They send people to court, where the applicants are denied claims due to lack of proper evidence.
How problems are solved
The mistakes of the legislator are forced to correct by the explanations of the Supreme Court. Although they cause complaints, they simplify the application process. True, not all judges agree with the position of a higher court. So, they apply the rules at their discretion.
The purpose of the adoption of the code
Authorities adopt regulations governing the activities of citizens and organizations, as well as their behavior. Some standards also affect the privacy of people.
To encourage society to comply with the rules, a code was adopted. All motorists know what penalty they will have to pay for a particular violation. Take, for example, food service offenses. They lead to the suspension of enterprises, which is considered a serious blow to business. Therefore, they try to prevent violations or carefully hide them.
However, the text of the code also includes sanctions for non-compliance with certain laws.
Structure of law
What is a CAO? First of all, it is a voluminous regulatory act. One of the biggest. There are 4 sections in total:
- general provisions;
- special part (list of prohibitions and measures of responsibility);
- jurisdiction and jurisdiction of cases by bodies and courts;
- order of consideration of cases;
- order of execution of decisions made.
Sections are divided into chapters and articles.
What is the feature of the Codex?
What is a CAO? It regulates the prosecution of citizens, foreigners, legal entities and their leaders for violating established prohibitions.
Externally and in many ways, the Code is similar to the Criminal Code, but there are serious differences:
- in the list of applicable penalties;
- the severity of the sentences;
- in the consequences of being held accountable;
- in statutes of limitations;
- in the presence of other regulations supplementing the law.
Penalties
CAO? or the administrative code, as it is also called, allows the following measures to be applied to violators:
- a warning;
- confiscation of the instrument of offense;
- arrest;
- depriving a foreigner of the right to reside in the country;
- deprivation of a special right (for example, driving, hunting);
- disqualification (a ban on a certain position during a specified time);
- suspension of activity.
Within the limits of one article, for each part or paragraph, depending on the severity of violations, various penalties are proposed. When composing the resolution, the text says “according to part .. Art. Of the Administrative Code of the Russian Federation”. A similar wording is used in complaints and petitions of participants in the process.
Severity of punishment
In the scope of the Criminal Code, imprisonment is supposed for almost all violations. A fine may be imposed, involvement in compulsory and corrective labor, and confiscation of property. The practice of conditional punishment is practiced: a person is limited in his right to travel and is forced to regularly attend the punishment service.
If conditional punishment was applied to the offender, a new violation on his part, even an administrative one, could turn into a prison.
The fact of administrative conviction when a new administrative violation is detected is considered only an aggravating circumstance, but no more.
The maximum arrest period for an administrative violation is 6 months. It is not provided for in all articles of the special part.
Consequences of being held accountable
Unlike criminal law, administrative acts are not considered so socially dangerous. The penalties provided are accordingly milder. In addition, the consequences of being held accountable are also different.
After the expiration of the period of administrative conviction, a citizen or legal entity shall be deemed not previously involved. A similar rule exists in the provisions of the Criminal Code. However, the fact of criminal conviction, even after many years, has an impact: restrictions on employment are imposed, adoption of a child and the realization of other rights are complicated.
Statutes of limitations
Its expiration is the basis for exemption from liability or termination of proceedings. If the case is considered by the administrative authority, the statute of limitations is 2 months, if the court - 3 months. Other statutes of limitations may be established, but the maximum period does not reach more than 12 months.
In the case of the Criminal Code, the statute of limitations is determined by the severity of the act. The limitation period starts from the moment the crime is committed. In the area of administrative responsibility for certain violations, the statute of limitations begins from the moment a violation is discovered.
The presence of other regulations
Art. 1 Administrative Code discloses the structure of legislation on administrative responsibility. In addition to the specified code, sections of the agro-industrial complex apply. They regulate the procedure for issuing decisions on holding liable for violations in the field of economic activity. It also describes the procedures for entrepreneurs or organizations wishing to appeal a decision of an administrative body or court.
Authorities at the level of entities have the right to adopt local codes or laws that include a list of violations that serve as the reason for bringing to administrative responsibility within the region.
Acts of entities can actually only supplement the list of prohibitions. The contradiction between the norms of federal and regional law is decided in favor of the federal act. The Code of Administrative Offenses points to the supreme force of the Constitution and international treaties regarding him.