The laws stipulate the procedure and terms for an administrative investigation. To find out about the current rules, it makes sense to contact the Code of Administrative Offenses. The standards specified in this collection of laws indicate the possibility of admin. Investigations within a month. It also defines the general nuances regarding the rules of the event. Consider the features of this process in more detail.
general information
The Code of Administrative Offenses is a collection of regulatory acts that list possible cases and reasons why an administrative investigation can be initiated. This is necessary if there has been a violation of standards, rules, subject to study and punishment under the said code. It is important to know not only the fact that the term of an administrative investigation cannot exceed a month, but also to understand at what point it is calculated, what may be the basis for starting a process limited to this one-month period. The fact is that the offense is the foundation for organizing an investigation if there is a need to find out an expert opinion on a controversial issue. There may be situations in which clarification of the truth is only possible if people with specific scientific, technical knowledge, special information from the craft sector or in the field of art are involved in the process. Such persons are responsible for formulating an expert opinion and performing other actions, if required by chance.
Causes and consequences
Keep in mind that the term of an administrative investigation cannot exceed a month, it is necessary if the need for proceedings is due to offenses related to laws restricting a monopoly. The Code of Administrative Offenses and its provisions are used if the violation of legal norms is connected with advertising, legal income and counteraction to legalization thereof.
If a person received some funds in a criminal way, she will have to answer according to the law, taking into account the rules of the Code of Administrative Offenses. The same collection of laws is guided if problems are related to consumer rights, customs activity, currency laws, actions of tax authorities and the population interacting with tax authorities. Code of Administrative Offenses is used for violations in the field of environmental protection, production and sale of ethyl alcohol and products containing alcohol. According to the Code of Administrative Offenses, they are punished if there are violations in the field of ensuring safety from fire, as well as due to non-compliance with the rules on the road. An administrative investigation is carried out if it is necessary to make an examination of what has happened or to organize other actions that are delayed for a relatively long time. This is declared by the first part of the seventh paragraph of the 28th article of the specified collection of laws.
From the very beginning
Since the period of investigation of an administrative case is limited to a month, before starting such a case, you need to carefully weigh the need for the process and the availability of sufficient information so as not to lose a day from the indicated period. To initiate an investigation, an appropriate decision must be made by those entitled to it by virtue of the position they occupy. The third part of article 28 of the collection of laws lists the posts. People who occupy them can draw up protocols that record the fact of an administrative offense. Based on such a protocol, an investigation begins. An authorized person decides to initiate a case, at the same time the prosecutor speaks about the need to fix the fact of violation of the law.
In the third part of the seventh paragraph of article 28, the provisions are given in accordance with which it is possible to initiate proceedings. The requirements specified here require fixing the date, the place where the decision was made to determine. The person who formulated the determination must record his position and full name. Since the period of investigation of an administrative offense does not allow you to spend time finding out information, you must specify it all in advance. For example, they immediately record what is the reason for the initiation of the process, what is the information confirming the violation of the rules. It is necessary to fix the article of local law or part of the Code of Administrative Offenses, which describes the responsibility for a violation of rights committed by a certain subject.
Everything must be clear
In the fourth part of the seventh paragraph of article 28, you can see the requirements for an investigation exactly where a violation of the norms was discovered or occurred. The term for the investigation of an administrative case is clearly set here - it amounts to a month from the moment the process began. Perhaps the beginning of the investigation due to a petition written by a certain person. This person, respectively, is responsible for the conduct of business. A higher position, having received such a petition, may decide on its satisfaction. This slightly increases the time allocated to the case study. Extensions of more than one month are usually prohibited.
The provisions of the fourth part of the 24th article of the same collection of regulatory acts are curious. This block of the document is dedicated to those who take part in paperwork due to violation of rights under the Code of Administrative Offenses. The possibility of writing a petition is indicated, which is then mandatory considered by a judge, some official or authority involved in the process. The responsible person in charge of the record keeping is obliged to either satisfy the application or file a refusal on it. In the second option, the decision should be made in the form of a determination. If the answer is yes, the time for case proceedings is extended. An extension of the administrative investigation of the Code of Administrative Offenses is possible if there is a need to clarify additional circumstances. Both of these reasons allow an increase in the duration of the study of the case for a period of up to a month, but no more.
Nuances and design
If, due to the prevailing situation in a particular case, due to the availability of a request, it was decided to increase the length of the case study, such a decision must be executed in writing. When the application for the extension of the administrative investigation has been studied and approved, a determination is made. Responsibility for such a decision rests with the judge or the authority dealing with the issue. If a case is led by a specific official, then it is up to him to make the determination.
It is possible to organize an investigation related to the peculiarities of customs regulations. If there is a suspicion of violation of the rules and laws governing this area, an increase in the duration of the study of circumstances is allowed. The maximum administrative investigation period for such a situation is six months. In order for this to be completely legal and justified, the thematic decision must be made by the person who heads the customs body one hierarchical level higher than the one in which the case is investigated. Such conditions and rules are established by the fifth part of the seventh block of the 28th article of the Code of Administrative Offenses.
Relevance of the topic
Investigation of the Code of Administrative Offenses is a conduct of business that must necessarily comply with the conditions stipulated in this collection of laws. The fact is that this type of case is especially important for various instances, as it allows them and various officials to work adequately, correctly, strictly legally, for the benefit of the public.An adequately organized, well-conducted investigation is the only condition under which the case will be resolved correctly, correctly, and the measure of influence will be chosen exactly as appropriate to the circumstances. The fidelity of the investigation is the key to the correspondence of the identity of the culprit, the peculiarities of the violation of the right and punishment chosen by the responsible person leading the case.
In order for an investigation to be accurate, correct and adequate, it is necessary not only to comply with the terms of the administrative investigation specified in the Code on Administrative Offenses of the Russian Federation. It is important to investigate the case objectively, considering all its features and nuances, establishing all the features of what happened. It is necessary to resort to the means, forces, methods, techniques available to modern judges, officials, state institutions that have the right to investigate.
Investigation: what is it?
In order to properly comply with the terms of an administrative investigation specified by the Code of Administrative Offenses of the Russian Federation, you need to understand what this process is and what is included in it, what measures should fit into the month specified by laws. At present, a broad understanding of the process under consideration is a form of initiating proceedings on a violation of the norms stipulated by law. Admin investigation is such a specific order of investigation of initial information, which is based on violation of the law. The investigation includes procedures in which they identify the circumstances of the incident, organize additional studies that allow to clarify the picture of what happened.
A narrow understanding of the event is a form of paperwork applicable to some categories of cases. It is formed by procedural activity and not being such. The investigation takes place with the involvement of police officers who have the authority to form protocols that record the violation of the law. The protocols allow you to accurately and thoroughly determine all the circumstances of what happened, to fix the qualifications of what happened in accordance with applicable legal standards, to process them.
Consistency is the basic rule of inquiry
In order to comply with the deadlines for initiating an administrative investigation, studying a case, and making a decision, it is necessary to clearly navigate the sequence of work. First you need to make a decision about the fact of the administrative investigation. This involves the determination of formal, factual conditions. There are two main reasons. It is necessary to determine the blocks of the Code of Administrative Offenses applicable to the situation, and to identify the need for procedural actions in relation to the case. Moreover, these should be time-consuming, that is, justifying the duration of the investigation. Formal justifications are declared by the second part of the seventh paragraph of Article 28 of the Code of Administrative Offenses. It indicates the need for official paper declaring the decision. Responsibility for its execution rests with the prosecutor, who must make a decision, determination.
The investigation begins by identifying violations of the rules. Such may relate to a patent or joint stock companies, securities. Similar investigations are carried out, if there are problems with legal registration, holding a referendum, elections. The time frame for conducting an administrative investigation must be followed if the case is being investigated because financing of terrorist organizations and persons involved in such activities is expected. The same rules apply to cases in which laws on psychotropic drugs, drugs, and precursors are likely to be violated. This also includes cases related to doping, and the norms adopted to exclude the use of such substances. Administrative violations of the rules are possible in cases in which there are problems of migration, health, copyright.You can start an investigation if it involves a violation of the rules governing trademarks, sanitary and epidemiological welfare of people, export, utility tariffs.
Dates: what are they allotted for?
The above-mentioned one-month period for conducting an administrative investigation must be used to good effect, so that it is enough for all the events important in the course of a particular case. The measures that can be organized as part of the case are clearly specified by the Code of Administrative Offenses. A detailed description is given in chapter 26 of the code of laws. It indicates what actions are considered by law to be forced to spend a lot of time, which means that they allow the start of an investigation.
For the duration of the administrative investigation, it is necessary to organize an examination, following the provisions of the fourth paragraph of the mentioned article. The fifth requires measures to obtain samples. The sixth paragraph indicates the need to collect and clearly record all material evidence. The tenth and eleventh paragraphs stipulate the need for obtaining information, evaluating the information collected, including all available evidence. The first paragraph allows you to spend the time allotted for the investigation, to determine the circumstances of the case, accompanied by a violation of the established rules and norms.
Circumstances and processes
For the duration of the administrative investigation, it is necessary to identify all factual circumstances on the matter under consideration. At this step, you need to identify a list of circumstances within which a violation has been established. It is necessary to clarify whether there was an offense, who committed it, how much the participants were guilty, what damage was caused, what are its features. As part of the investigation, they study the circumstances that make it impossible to clerical work, the causes of the event and the conditions in which it took place.
In relation to an investigation, evidence is the activity of the person responsible for the case. She is obliged to collect information, use evidence, facts, data that allow to determine the fact of the offense or to prove that this was not. Evidence includes the determination of the guilt of a person and the wording of circumstances relevant to the case.
I need a break!
As indicated earlier, it is possible to extend the term of an administrative investigation if there is a thematic petition, if the person responsible for the case sees the need for its satisfaction. But to submit a petition that would give a pause in the conduct of business is impossible. Since the suspension of the investigation is not provided for by applicable laws, there are no such legal grounds that would allow a pause to study the case. In reality, when applying the laws, specific situations and circumstances may arise that make it impossible to establish the data accurately; accordingly, it is impossible to prepare documentation on the topic under study within the specified monthly periods. This is primarily the protocol of the investigation.
An infringer of established rights may evade appearance, despite placing a call. This does not allow to organize an examination, since the laws regulate familiarization on an individual and mandatory basis. Accordingly, it is simply impossible to meet the deadline for the administrative investigation, and the official is not guilty. If the circumstances that do not allow the investigation of the case remain valid for a long time, the statute of limitations shall expire. After that, the case is no longer considered.
Causes and Slowdowns
Sometimes the terms of an administrative investigation are violated, because the person for whom the office work was organized is seriously ill. This also includes mental abnormalities. If the person’s condition is poor, you have to suspend the case. To be satisfied in the disease, you need to send a qualified doctor to examine and evaluate the patient's condition.The reason for the temporary pause is a serious illness that can be cured. Cases in which the disease appeared after the violation of the rules and laws are considered. The reason allows to suspend the investigation until the person is recognized as partially healthy, completely. The main condition is such a state of health that does not impede its participation in the work of responsible bodies, authorities.
There may be a violation of the terms of the administrative investigation, requiring a pause of the case due to the geographical location of the person in relation to whom the clerical work began. For example, a person can go on a long business trip, get a long vacation and change his place of residence for the entire period. This finding impedes clerical work. The person in charge of the investigation should receive information on the geographical location of the subject. If the data allows you to understand that there is no way to attract a person, you need to pause the case. Case management continues as soon as the subject returns from the trip.
All by the rules
Since the statute of limitations for an administrative investigation is one month (in some cases six months), it is necessary to keep within this period in order to complete all the results of the studies. It should also be noted that in some cases, the statute of limitations may be a year. This applies to cases in which a decision is trusted by a judge. According to the Code of Administrative Offenses, there are two options for ending an investigation. You can draw up a protocol of violation or make a decision, which close the case. The protocol is used for office work in the future. Motives, competent preparation, detailed design - all these properties of the protocol are determined by the quality of the consideration of the case and prove how reasonable the final decision is.
About the nuances
Sometimes even extending the term of an administrative investigation does not allow the person responsible for the case to make a decision with which all participants in the process agree. If the subject, regarding which the paperwork was conducted, does not agree with the results of the measures, if he is not satisfied with the punishment chosen by the responsible body, a special protocol must be drawn up. Production on this occasion is conducted according to standard rules.
Sometimes judges, responsible authorities and persons in execution are required to conduct cases for which information is recorded by video cameras, is present on photographs, filmed on film. With this option, there is no need to draw up a protocol. The decision can be made without involving the person in respect of whom the investigation was initiated. They issue a resolution on violation of the right, and copies of all documents on the issue must be made available to the person who was the subject of the paperwork. Responsible authorities have three days to transmit this information.
Nuances of renewal
If there is a need for an extension, circumstances need to be analyzed. Only the exclusivity of the case allows an extension of the period relative to the standard. The head of the authority responsible for the investigation may extend the investigation of the circumstances for a month. For the same period, the deputy head has the right to increase the duration of the investigation.
If the case concerns the work of customs, higher persons are able to extend the period by six months. Deputy leaders have such opportunities. Similar rights are enjoyed by those who manage the Fed. bodies sp. authorities and has the authority to conduct customs affairs. Persons leading higher bodies are entitled to extend the investigation for six months if the case involves a violation of road rules, transport operation standards, and the consequence of violations is harm to human health in medium or light form.If the investigation was carried out by virtue of the rules applicable to cases of gambling and violation of the law, it is possible to extend the study for half a year at the initiative of the person managing the body higher in hierarchy than the authority that dealt with the issue.