The limitation period of an administrative offense. Lapse of time

Administrative offense recognized act contrary to the norms of the Code of Administrative Offenses. The legislation establishes several categories of misconduct for which liability is provided. However, it can be brought to her within the established statute of limitations in cases of administrative offenses. Consider what time periods the law provides for certain acts.

General information

The RF Code of Administrative Offenses establishes several features that distinguish these unlawful acts from other crimes. Among the general criteria for misconduct should be noted its social danger. Responsibility for illegal acts is regulated not only by the Code of Administrative Offenses of the Russian Federation. Several regional laws also punish misconduct. The categories of unlawful acts in this area include:

1. Violations in the field of transport.
2. Failure to comply with established rules for the protection of nature.
3. Violations of the health and rights of citizens.

Important point

Consideration of administrative offenses is carried out by a court or other authorized body. If it is established that the subject had the opportunity to avoid non-compliance with the requirements and norms of the law, but intentionally did not use it when committing an unlawful act or did not fulfill certain provisions in full, the person's guilt will be proved.

Punishment

For non-compliance with the Code of Administrative Offenses, the subject may be assigned:

1. Penalty for an administrative offense.
2. Public Works.
3. Administrative arrest.

In addition to these penalties, the perpetrator is obliged to compensate for the damage that arose as a result of his unlawful behavior, or to fulfill certain conditions, evasion of which served as the basis for holding him liable. The size of payments, as well as the duration of work and arrest, is determined depending on the degree of danger of the misconduct.

Statute of limitations of an administrative offense

This issue is regulated in Articles 4.5-4.6 of the Code of Administrative Offenses. The length of the period in which the perpetrator may be held liable depends on the category of his misconduct. In particular, the law provides that:

1. The decision may be made no later than 2 months. The limitation period for administrative offenses for trial is 3 months.
2. Decisions on facts of non-compliance with legislation in the field of copyright, fire safety, nature protection, child protection and other things shall be made no later than a year from the moment of their establishment.
3. The statute of limitations of an administrative offense involving punishment in the form of disqualification is 1 year from the date of commission. With a continuing unlawful act, the same period is established, but from the date the fact was revealed.
4. In case of non-compliance with the provisions of the Customs legislation, a person may be held liable for two years from the date of the misconduct.
5. The statute of limitations of an administrative offense in the field of combating corruption is 6 years.

If the norms of the law on the use of prohibited drugs are not observed, the period during which the subject can be held liable begins from the moment this fact is confirmed.In case of refusal to initiate criminal proceedings or upon its termination upon detection of signs of an administrative act, the statute of limitations shall be calculated from the date of adoption of the relevant decision.

Failure to comply with traffic regulations

Separate consideration should be given to the statute of limitations for traffic violations. The period of prosecution is 12 months. from the date the misconduct was recorded. In this case, the motorist has the right to appeal the decision on a fine within ten days. Otherwise, the payment must be made in full. The receipt of payment must be presented to the authority that issued the relevant decision. If this obligation is not fulfilled, the amount may be increased. In addition, the subject may be assigned compulsory work (up to 50 hours) or arrest for 15 days.

additional information

Legislation allows pre-trial settlement of disputes. Along with this, the limitation period for administrative offenses may be suspended. The law allows this, for example, when satisfying a person’s request to send materials to the authorized body at his place of residence.

Calculus features

As a rule, the statute of limitations of an administrative offense begins from the moment of commission. If the misconduct is committed repeatedly, then it shall be deemed lasting. For example, once an unpaid fine is a one-time violation. If the subject constantly commits misconduct, not fulfilling duties, then it will last. This difference should be understood when calculating the statute of limitations. If the misconduct is one-time, then it begins from the moment of its commission, regardless of when it was detected. If it is continuous, then the calculation of the statute of limitations begins from the date when the last violation was recorded. In this case, repetition will be considered an aggravating circumstance. In this case, the punishment will be more severe. For example, when speeding one fine may be charged. With subsequent repeated similar misconduct, the driver may lose his rights.

Disclaimer

The expiration of the statute of limitations of an administrative offense means that proceedings for a committed misdemeanor cannot be started. In this case, the subject cannot be held accountable. Moreover, the law provides for the cessation of production that has already begun. This case is very common in practice. If the misdemeanor proceedings are delayed, the authorized body may issue an appropriate order. The expiration of the limitation period of an administrative offense in such cases means the removal of liability from the person. If the relevant resolution has not been issued, and the subject is still sentenced, this serves as the basis for the annulment of the decision. Holding liable after the statute of limitations is a violation of the law.

Presence in court

In accordance with the provisions of the Code of Administrative Offenses, a decision on an administrative offense is made in the presence of the perpetrator. Knowing this fact, many people try to avoid responsibility by ignoring notices and not appearing at the hearing. However, this is a very reckless behavior. In accordance with Art. 25.1 Administrative Code, the defendant must be notified of the meeting. This means that a notification should be sent to him. The fact of its receipt in this case is a secondary moment, since the materials will contain information that the summons has been sent. If the guilty person did not appear in court, the law provides for the possibility of making a decision in his absence. Such circumstances as illness, the need to go on a business trip, even if the defendant provides evidence of his absence, are not recognized as valid.The legislation establishes that these reasons can be considered significant. However, the court may make a decision of approximately the following content: “In view of the approaching expiration of the statute of limitations, the proceedings should be conducted before such a date, the collected materials are sufficient to reach a reasoned verdict in the absence of the defendant.” In order to avoid problems, if it is known that the production has been started upon the deed, it is better not to hide from justice and not to evade responsibility.

Cancellation

The legislation provides for cases in which a decision can be canceled by a corresponding application. In particular, if the notice of the appointed meeting came after the date of its holding. If there is evidence of this fact, a statement is made to annul the decision. In this case, the judicial act will be canceled, and the materials will be sent for reconsideration. Often the notice is transmitted to the defendants by the traffic police. In such cases, the perpetrators go to court and subsequently find out that the materials are being examined in another instance. In this case, it is also necessary to have evidence confirming the fact of receiving incorrect information. The court decision is also quashed, and the case is reviewed, even if the prescribed statute of limitations on it has ended.

Conclusion

The legislation provides another important point. A year later, starting from the date when the defendant fulfilled the punishment imputed to him, he is considered not brought to administrative responsibility. This provision is valid if during this time he has not committed illegal actions. Compliance with the statute of limitations is the responsibility of both the authorized bodies and the violators themselves.