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The limitation period for bringing to administrative responsibility is changed

Heads of enterprises, officials, and ordinary violators of administrative law often avoided responsibility, dragging out the resolution of cases, for example, by not appearing in court for a "valid reason". So they waited, when the time specified in the law for the consideration of their case would end, so that making judgments was illegal. Such tricks have long been understood by the prosecutors and the court, but by law it is very difficult to do something. Therefore, parliamentarians continue to struggle with this phenomenon.

The administrative code of the Russian Federation is constantly being adjusted through the issue of federal laws. The latest innovations were adopted in July 2013 and will soon come into force. Legislators changed the statute of limitations for bringing to administrative responsibility various degrees and types of offenses. If in early editions such periods of time as "a maximum of 1 year and a minimum of 2 months" appeared, then at the moment the situation has significantly changed.

For the most part, minor offenses , the limitation period for bringing to administrative responsibility remained two months. This means that the ruling on the case in question can not be rendered if two months have elapsed since the discovery of an offense that has a continuing nature or since the moment of a single administrative offense. The law specifies cases of judicial consideration of the case, in which the limitation of the appeal corresponds to 3 months.
A number of offenses listed in the fourth chapter of the fourth article (in the first subparagraph of the Code of Administrative Offenses of the Russian Federation), among them - questions on protection of citizens' health, information activities, illegal rallies and demonstrations, violations on the road with consequences, elections and referendums, immigration policy, taxes And collections, budgetary, antimonopoly, patent, currency legislation, etc., can be considered within one year. The limitation period for bringing to administrative responsibility in two years is set for violations in the sphere of customs legislation. And the longest period of time for review is provided for in cases against corruption - 6 years from the time when the offense was committed.

Among the measures of administrative responsibility, the most common are fines. But also often applies disqualification - a measure of punishment, manifested in the prohibition for a specified period to hold a position or perform certain activities. The decision on disqualification can be taken no later than one year from the day of the offense.
Some offenses are first considered as criminal, and then they are transferred to the category of administrative ones. In these cases, the persecution ceases rather quickly, since the limitation period for bringing to criminal responsibility is much greater (from 2 to 15 years), the investigation goes on for a long time, and the re-qualification automatically ends its time.

The use of banned substances by athletes in order to improve the results of performances at competitions is also subject to persecution. The limitation period for bringing to administrative responsibility in such cases starts from the date of the transfer of data from the laboratory, which is recognized by the World Anti-Doping Organization, to the Russian Anti-Doping Center.

As a general rule, the limitation period for bringing to administrative responsibility is counted from the moment the offense was committed, exceptions are the offenses committed in the Antarctic. In this case, the case begins to be considered from the moment of receipt of the data on the violation in the official bodies, which have the opportunity to fix it.

The law establishes that if a citizen requests the transfer of the case to another court, the time necessary for the implementation of legal procedures for this is not included in the time allotted for the proceedings.

Thus, the law clearly grades the time of investigation and punishment for various types of offenses of administrative law, given their severity and the seriousness of the consequences for society. Under such circumstances, it will be more difficult to avoid responsibility to offenders. But most citizens should know that the provisions of the AK stipulate first of all their rights to protection from the delay and delays of the cases under investigation. Thus, minor offenses are quickly disassembled, and a decision is made on them.

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