Offenses in our state are committed much more often than crimes. Is there any special procedure for considering cases of administrative offenses? The answer to this question will be provided in the article.
Case preparation
The consideration of a case of violation of the law is the main stage in legal proceedings. The activities of state bodies are complex in nature, which is determined by the need to correctly establish the subject of administrative violation. Preparation for the order of consideration of an administrative case is recorded in article 29.1 of the Administrative Code. This article contains provisions:
- on the competence of the court, judge, individual body or official in the established field;
- on the existence of circumstances that could exclude the fact of consideration of a case by a judge;
- the correctness of the drawn up administrative protocol;
- on the existence of circumstances mitigating, aggravating or excluding production;
- on the availability of challenges and motions.
Many other circumstances of the case can also be highlighted here.
Procedural grounds for consideration of the case
The procedural basis for considering a case of an offense is recorded in article 28.7 of the Administrative Code of the Russian Federation. The basis here is a duly executed protocol on violation of the right. Such a document is drawn up by an authorized official. A decision is made by the prosecutor to institute administrative proceedings.
The prosecutor's protocol is sent to the judge or other person whose duties include the consideration of the case. The maximum term for transmitting a document is three days.
The procedure for considering an administrative case includes a judicial opinion. After the transfer of the protocol to the court, the judge makes a decision on administrative arrest, expulsion, fine or any other form of sanction.
Case review
A direct examination of the case most fully and clearly reveals the entire content of the law enforcement procedure. The order of consideration of the case of an administrative offense is determined by the purposefulness of the tasks and objectivity.
What is the direct subject of law enforcement in administrative proceedings? According to lawyers, this is a specific case. This shows the regulatory legal regulation of public relations and the effectiveness of legal guarantees. This is necessary for a clear and rigorous observance of the legitimate interests and rights of citizens.
What is the purpose of a case? According to the law, this is the establishment of specific circumstances of violation of the law. Facts should be clarified, followed by their assessment. Ultimately, administrative sanctions are applied to the guilty person.
According to Articles 29.7-29.13 of the Code of Administrative Offenses, the procedural procedure for considering cases of administrative offenses includes hearing the case, establishing the appearance of the subjects of production, conducting an examination (forensic, linguistic or other) and making an appropriate determination.
About the case materials
The procedure for considering an administrative case in court consists of many different stages. Each stage is subject to mandatory regulation. An important role is played by the procedure for explaining to participants in the proceedings their duties and rights. Applications and challenges submitted by various applicants are subject to mandatory review.
Often during the course of proceedings, a statement of challenge or recusal is accepted. We are talking about situations where a judge or other official decides to suspend proceedings for a specified period. I must say that the reasons for the challenge must be very good. Otherwise, there will be a risk of an incorrect decision.
The procedure for court consideration of cases of administrative offenses includes a huge bureaucratic layer. Various papers are formed and registered at almost every stage of the proceedings. However, the final document plays the most important role. It is about him that will be described later.
Case ruling
According to the Code of Administrative Offenses, the procedure for considering an administrative case ends with the issuance of a resolution. This is a normative act that has the highest legal force for all participants in legal proceedings. The norms of the decree are imperative, that is, they have a binding character. There are two main forms of regulation:
- on the termination of office work;
- on sentencing in the form of administrative sanctions.
The decision shall be made in the following cases:
- the appearance of excluding factors;
- the announcement of an oral comment and the release of the person liable;
- referral of cases to a prosecutor, investigative body, interrogating officer or any other person whose duties include the search for evidence of a crime.
At the end of the paperwork, the decision should be immediately announced to the participants in the trial. A copy of the document is transmitted to the defendant.
Case determination
Based on the results of the administrative case, a determination may be made. This is a special document indicating the incompetence of a judge or other official in relation to the defendant. The most common example is the procedure for considering an administrative case by a justice of the peace. In the process of legal proceedings, more and more new circumstances are revealed. The court understands that the defendant committed many more criminal acts than indicated in the record. Consequently, sanctions for violations must be established more stringent. The competence of the representatives of the magistrate court does not contain the imposition of punishment in the form of arrest for a period of more than 3 years. That is why a determination is made - a document indicating the transfer of office work to another body. Often, a document submitted is submitted by a collegial body by voting. As a result, the decision is signed by the judge.
Definition, ruling, protocol on violation - the list of final court documents does not end there. It is also worth highlighting the submission - a regulatory act, which indicates the conditions and causes of the detected offense. In fact, representation is necessary for the further prevention of the crimes of the law. Often, a document is issued in case of violation of the order of consideration of an administrative case.
Exclusive circumstances
Often, court hearings end with a decision to recuse. Exceptional circumstances play a significant role in this. A judge, board members, various officials are not able to continue consideration of the case if facts of the following nature are discovered:
- the presence of an indirect, direct or personal interest in resolving a case;
- a judge or some member of the judiciary is a relative of the defendant.
As soon as the circumstances presented were discovered, the case is transferred to another instance. The judge himself or some of the officials make a decision to challenge the case.
On the timing of the proceedings
The official deadline for administrative office work is 15 days. The countdown of this period begins when the judge receives the protocol on the case and additional materials.
Such a short procedure for considering an administrative case can be extended.However, the decision on the extension must be made by the judge himself, but only if there are really good reasons. A reasoned determination of the judicial authority is made, which indicates the requirements for an extension of a period of not more than a month.
There is a constitutional norm (Article 22), which indicates the period of detention of a person for an administrative violation. So, until a court order is issued, a citizen cannot be under administrative detention for a period of more than 48 hours.
About the stages of the investigation
What is the procedure for considering cases of administrative offenses? It all depends on the public sphere in which the violation of the law was committed and the degree of severity established. The decision to initiate paperwork is made by an official. A protocol is drawn up in accordance with Article 28.3 of the Code of Administrative Offenses of the Russian Federation. The only exceptions are situations where the case is brought by the prosecutor. In this case, a decision is made.
An investigation is conducted immediately after the initiation of the case. It includes an examination or other procedural action. According to the law, expertise is not always implemented. Article 28.7 of the Code of Administrative Offenses of the Russian Federation sets forth the main public spheres in which it is necessary. These are export supervision, foreign exchange production, health protection, tax or tariff fees, customs, and much more.
The investigation itself should be conducted at the place of the offense. The maximum investigation period is one month. All data on the work performed is entered into the protocol, and later in the decision.
Where is the case examined?
Suppose that a citizen officially living in the Moscow region commits an offense in Kaliningrad. Where exactly will the guilty citizen be judged? According to the Code of Administrative Offenses of the Russian Federation, consideration of an offense is allowed only at the place of its commission. However, a citizen himself may file a petition for a court hearing at the place of residence.
And what should the Russian courts do if the offense is committed by a foreign citizen? In this case, it should be guided by an international treaty, which indicates the possibility of considering violations of the law on the territory of a foreign state. However, all the rules presented do not apply to minors. This is indicated in Articles 20.22 and 6.10 of the Administrative Code.
Extension of the term for studying a case
It has already been indicated above that the period of an administrative offense may be extended. But what should be the reason? The law refers to the case when participants in legal proceedings file a motion to review the case. This is the most common production extension scenario. Another reason is the emergence of new circumstances. In such cases, an additional investigation is required for a period not exceeding one month.
Thus, an unjustified extension of time is prohibited. The Russian Federation has the presumption of innocence, according to which a person whose guilt has not been proved in court, is presumed innocent. And an innocent person doesn’t really want to be imprisoned. Therefore, there must necessarily be grounds for extending the paperwork, and they must relate to the defendant.
The order of consideration of the case of an administrative offense in the traffic police
The most common form of administrative offense is with transport and traffic rules. Protocols of violation are drawn up by the inspectors of the traffic police, after which they are sent either to the traffic police or to the court. What is the procedure for considering cases of administrative offenses under traffic rules?
The protocol drawn up by the inspector is transmitted to the regional traffic police department, where officials conduct an objective investigation. As a result, sanctions are imposed on the driver: this is, as a rule, a fine or deprivation of a professional right (driving a car).Often a case is referred to a magistrate court. In this instance, a decision can be made on corrective labor or administrative arrest.
A lot of materials have been compiled on the rules for communicating with the traffic police and protecting their rights. SDA - a fairly extensive collection, which is, moreover, part of the Code of Administrative Offenses. If the driver is confident that he is right and does not want to receive sanctions, he can contact a specialist in the field of law.