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The statute of limitations for administrative liability. Article 4.5 of the Administrative Code of the Russian Federation

Russian legislation contains rules, the violation of which entails a certain liability. In identifying crimes, the perpetrators are determined by one or another punishment. However, in the legislation there is such a thing as a “statute of limitations”. Further consider what it is.

administrative limitation period

General concept

The limitation period is provided for by various branches of law. For each type of crime, it is individual and clearly defined. In the general sense, the concept of limitation is a period of time during which a person can be held liable for an illegal act committed by him. The following circumstances serve as grounds for establishing a strict framework:

  • An offense loses a threat to society after a certain time.
  • Inexpediency of belated application of punishment.
  • The danger of the person who committed the illegal act disappears after a long period.

Statute of limitations for an administrative offense

The day on which the illegal act was committed must be recorded in the minutes. If the penalty is imposed without drafting this document, the date of the administrative offense is established on the basis of other circumstances provided for in the Code of Administrative Offenses. These, in particular, include testimonies of victims, witnesses and other factual data that are recognized as evidence. The calculation of statutes of limitations begins from the moment at which the fact of the crime was established. administrative prosecution

Protocol

The statute of limitations for administrative liability begins on the day the illegal act is discovered. This fact, as was said above, must be confirmed by the protocol, as well as by interviewing the suspect, witnesses and so on. If preventive measures have been applied, the limitation period for bringing to administrative responsibility begins from the moment of drawing up the corresponding paper on their use. Such measures, in particular, include detention and delivery to the ward. When drawing up the protocol, the norms provided for in Art. 28.2, parts 1-6, and Art. 28.1, part 4 of the Code of Administrative Offenses. calculation of statutes of limitations

Investigation

The limitation period for bringing to administrative responsibility in the case of a preliminary investigation of the circumstances of the case to identify the culprit begins with the issuance of an appropriate determination. The case, therefore, will be considered opened from the date of the adoption of the act of investigation. In this case, the offense report must be drawn up within a month after the determination is made. In the case of an extension of the investigation period, the document is drawn up from 2 to 6 months. from the date of the relevant determination. Thus, the protocol is drawn up after a study of the materials and circumstances of the case.

Other cases

In Art. 4.5 other criteria are established according to which the calculation of the term begins. They are caused by the events of a legal fact. So, in part 4 of this article, the statute of limitations for administrative liability begins on the date of the decision to refuse to initiate criminal proceedings or to terminate it. Thus, in the cases listed in Art. 4.5, the beginning of the countdown is carried out depending on the identification of the fact of commission of the act. Criteria6 and 51 of this article, in accordance with which the statute of limitations is calculated, apply exclusively to the crimes cited therein. In addition to the legal facts that are to be established, part 5 defines the circumstances on the basis of which the statute of limitations is suspended. statute of limitations

Exceptions

Attraction to administrative responsibility cannot be carried out after 2 months from the date of the act. This provision has several exceptions. In particular, an administrative decision cannot be made a year later from the date of violation of the law on:

  1. Continental shelf, territorial sea, sea (inland) waters.
  2. Export control.
  3. The exclusive economic territory of the Russian Federation.
  4. Environmental protection.
  5. Traffic safety on the roads (in the part of those offenses that caused harm to the health of medium / light severity).
  6. Related and Copyright.
  7. Trademarks, appellations of origin.
  8. Taxes and fees.
  9. The use of atomic energy.
  10. Consumer Protection.
  11. Lotteries.
  12. Advertising.
  13. State regulation of tariffs (prices).
  14. Referenda and elections.
  15. Counteracting the legalization of illegal proceeds and the financing of terrorism.
  16. Equity in construction multi-unit residential buildings or other real estate.
  17. Bankruptcy (insolvency).
  18. Placing orders for the supply of products, the provision of services, the performance of work for municipal and state needs.
  19. Organization of activities for the sale of products in retail markets.

administrative limitation period

Lasting misconduct

Holding administratively liable is carried out from the moment of discovery of an illegal act. Continuing crimes include:

  • Illegal activities for the employment of Russian citizens abroad.
  • Violation of the term for the return of budget funds accepted on a refundable basis.
  • Failure to fulfill citizens' duties on military registration.
  • Violation of the established period of re-registration (registration) of weapons.

For misconduct that entails disqualification, a person may be held liable no later than a year from the date of the commission of the act, and with a continuing - from the moment of its identification.

Punishment

The legislation establishes a period during which a person is recognized as being subjected to coercive measures. According to Art. 4.6 Administrative Code, it is considered punished within a year from the date of completion of the relevant decision on its appointment. At the end of this period, the person is considered not to be held administratively liable. When a new sentence is imposed in this case, repetition as an aggravating circumstance or a qualifying sign of an act cannot be taken into account.


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