The procedure for bringing to administrative responsibility. Statute of Limitation of Administrative Liability

The issue of administrative offenses and responsibility for them is very relevant, not only in terms of application to legal and officials, but also to ordinary citizens. It is enough to give an example of the fact that almost every person now owns a car, and in fact a significant share of administrative offenses concerns exactly compliance with traffic rules on the road.

This is one of the reasons why one should pay attention to the question of what kind of administrative responsibility and what sanctions are envisaged for violating the provisions of the Code of Administrative Offenses of the Russian Federation. As you know, ignorance of the law is not an excuse. Civil and administrative responsibility is what we face almost daily. Particular attention should be paid to such a concept as the limitation of administrative responsibility, the timing always plays an important, and sometimes decisive, role.

The notion of administrative responsibility and its main features

Before talking about the procedural terms, penalties and other sanctions, it is necessary to understand the essence of administrative responsibility. It consists in the fact that bodies or officials apply administrative punishment against the person who committed the offense. It has characteristics that are characteristic of legal liability in general. But, in addition, it has specific, special features:

1. The procedure for bringing to administrative responsibility, as a rule, is for the most part extrajudicial in nature, that is, the punishment is appointed by persons holding positions in the state bodies of the executive branch of the Russian Federation.
2. Punishment of offenders is appointed by officials, from whom they are not subordinate. This is the difference between administrative and disciplinary responsibility. Since at the latter the violator, as a rule, is in direct subordination to the official, who imposes measures of collection.
3. Attraction to administrative responsibility does not lead to a criminal record for the person who decided on the wrongful act.
4. An essential feature is that not only natural persons, but also legal entities can be attracted.
5. Attraction to administrative responsibility occurs for acts that are not as dangerous as crimes. For example, offenses that encroach on sanitary epidemiological standards concerning the well-being of the population and its health, as well as in the field of traffic safety on the road, in construction, etc. Consequently, the penalties are less severe than for criminal offenses.
6. It establishes the administrative responsibility of the Administrative Code of the Russian Federation and the Federal laws of the subjects of the Russian Federation, which are adopted in accordance with it.

Administrative Offense: What is it?

Administrative offense and administrative liability are two closely related concepts. The first is invariably the basis for the second and entails its offensive. In the scientific literature, an administrative offense is defined as the action (guilty inaction) of legal entities and individuals that is illegal and for which the Code of Administrative Offenses of the Russian Federation or laws adopted by its subjects establish administrative responsibility.

As you know, action and inaction are the two sides of the wrongful act. The first is understood as an active, conscious violation of the established norm or failure to fulfill any obligation prescribed in the law of the Russian Federation. Inaction means non-participation, failure to fulfill the duties imposed on the person.

For example, the following situation: an organization or an individual entrepreneur opens an account with the bank. But he does not present a certificate of registration with the tax inspectorate. This is a violation of the law by an official of the bank, as provided for in articles of the Code of Administrative Offenses of the Russian Federation (15.7).

Signs of an unlawful administrative act

It is generally accepted to distinguish three features:

• The wrongfulness of an act, by which is meant a mandatory violation of any rule of law;
• Guilt, this sign implies intent or negligence in the commission of a wrongful act; In the first case, the person understands and understands the nature of his actions that are contrary to the law and foresees the occurrence of harmful consequences and wishes this or consciously admits them, or refers to what is happening indifferently (for example, driving a driver to a red light); In case of negligence a person realizes the possibility of socially dangerous consequences, but he is naively and arrogantly counting on their prevention; Intent can be direct or indirect, the most elementary example in the first case is the misuse of funds from the budget;
• The punishability of the act is that administrative responsibility is provided for and established by the laws of the subjects of Russia or the Administrative Code for the illegal act committed.

Composition of an administrative offense

This term means a set of characteristics, the presence of which characterizes a particular act as an administrative offense. And the administrative responsibility for it is provided for by the Code of Administrative Offenses of the Russian Federation. Similar characteristics of the composition form its elements. These include:

1. The object is always social relations, regulated solely by the rules of law, not only administrative, but also environmental, financial, tax, labor, land and other industries, administrative responsibility is for their violation.
2. The objective side is expressed in the system of signs provided for by the rules of law, which determine the outward appearance of offenses (action or inaction and the dangerous consequences that have occurred). For example, driver's violation of traffic rules can be expressed in various acts: speeding, overtaking, travel to prohibiting red light etc. At the same time, there may be consequences dangerous to society, for example, the formation of an emergency on the road, the road accident, the threat to other drivers.
3. A subject is a legal or natural person who is mentally imputed and has reached the age of sixteen. It is from this age that a person can be brought to administrative responsibility. The subject can be general (any person) or special, for example, the driver, officials and special - military personnel. For different categories of this element of the offense, there may be different sanctions for the same article of the Code of Administrative Offenses of the Russian Federation. The situation with servicemen is a direct example, in most cases they are not administratively responsible on general grounds.
4. The subjective side characterizes the perception by the person of the wrongful act committed by him and its consequences. A mandatory attribute of this element of the composition is the presence of guilt, which can be in the form of intent or through negligence. Different compositions of administrative offenses are characterized by facultative signs of the subjective side, they include a motive and a goal. The first term means what pushes a person to commit an offense. And the goal is his idea of the final desired result, to which he aspired.

Elements of the composition of the unlawful act are the same regardless of what responsibility (administrative, criminal) is provided.

The notion and types of administrative punishments

Administrative punishment is understood as a measure of responsibility, which is established by the state, for the commission of an offense prescribed in the Code of Administrative Offenses of the Russian Federation and used to prevent the commission of new violations.

At the moment the Code of Administrative Offenses of the Russian Federation approves such kinds of punishments as:

• A warning, in other words, an official reprimand issued in writing;
• Administrative fine (the most common measure, which is provided for the most part by articles of the Code of Administrative Offenses of the Russian Federation and, as practice shows, the most effective);
• Confiscation (or forfeiture withdrawal) of the instrument or the subject matter of the offense;
• Deprivation of the right, which was specially granted to individuals;
• Administrative arrest;
• Expulsion of a citizen of a foreign state or a person who does not have citizenship outside the Russian Federation;
• disqualification;
• Administrative suspension of activities.

Appointment of most of the listed penalties is the exclusive jurisdiction of judges.

The old age of bringing to administrative responsibility

This issue provides for domestic legislation, it refers to the issuance of a resolution on cases of an administrative offense, for which a period of not more than two months, counting from the moment it was committed, is given. This is the general procedure for bringing to administrative responsibility. But, as is known, every rule has exceptions, they are all listed in the Administrative Code of the Russian Federation, the first part of Article 4.5. For example, this is a violation of the law on copyright and related rights, on internal sea waters, on the exclusive economic zone and others, the limitation of bringing to administrative responsibility for them is one year.

In the Code of Administrative Offenses of the Russian Federation only one case is allowed, when this term can be suspended. This is the situation when a person whose proceedings are being conducted submits a petition (in writing) about the examination of the case directly at his place of residence and the authorized bodies satisfy him. The term is suspended from the moment when the decision on the satisfaction of the application and until the time of receipt of materials on the case by a judge, an official authorized to consider these materials was made. Thus, the time for sending documents is not a statute of administrative responsibility

Exemption from administrative liability

This situation is possible in three cases:

1. The insignificance of the act is one of the main factors in the removal of administrative responsibility. The signs of the subjective and objective side are taken into account, mitigating and aggravating circumstances. This issue is decided by an official, body or judge, who is authorized to consider this case. They can make a comment orally, which will not entail legal consequences.
2. The second option is the replacement by another type of punishment, for example, disciplinary liability.
3. Other grounds. In particular, if the offense is committed by a person between the age of sixteen and up to the age of majority, the special commission can decide on exemption from administrative responsibility and resort to the measures of influence provided for by federal legislation protecting the rights of minors.

The procedure for bringing to administrative responsibility: procedural terms

The issue of procedural terms is of particular importance and importance. Know about this and remember every citizen, as well as the period of limitation of administrative responsibility, especially since in life with the articles of the Code of Administrative Offenses of the Russian Federation, virtually everyone is facing.

The first thing you need to know is that within three days the protocol compiled on the commission of an administrative offense must be transferred to the person or bodies authorized to consider it, as stated in the Code of Administrative Offenses of the Russian Federation (art. 28.8). If any errors are found in it, then a period of not more than 72 hours is given for their elimination.

After consideration of the issue, a decision is made. The authorized bodies are given a period of up to 2 months, the judge - up to three months. The decree is announced immediately.

He is obligatorily sent to the person who drafted the protocol, not later than three days from the date of the decision.

It is important to remember that the decision to impose an administrative penalty is not executed if it was not done within two years.

Appeal against the decision on an administrative offense

Very often, especially in matters relating to traffic and the rules of its violation, court decisions will be appealed. If it is passed by a judge, then the complaint must be written to a higher court. It indicates the complete data (full name, address for registration and actual residence, telephone number). Next, describe the current situation, detailing the reasons for disagreement with the decision and referring to Art. 30.1-30.8 The Code of Administrative Offenses of the Russian Federation requests that it be canceled. The complaint must be accompanied by evidence supporting all the circumstances described. The deadline is ten days. If it is missed, then, if there are valid reasons (illness, difficult life situation), write a petition for its restoration. The complaint must be considered within 10 days.

Legal entities and persons holding public office: bringing to administrative responsibility

The procedure for bringing to administrative responsibility is regulated by the Code of Administrative Offenses of the Russian Federation, the norms of which establish a very significant number of offenses and the responsibility for their commission, which is assigned to legal entities. In the mathematical expression this figure is 58% relative to the total number of articles in the Special Part of the Administrative Code. Attraction to administrative responsibility may entail the imposition of penalties that can reach a fairly impressive amount, confiscation of the weapon, which committed the offense, suspension for up to 90 days of activity. The Administrative Code of the Russian Federation says that a legal entity will be found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the norms and rules established by law, but all measures, depending on it, were not taken to implement them and comply with them.

In addition, the legislation specifies the administrative responsibility of officials involved in the commission of an offense in connection with improper performance or simply non-performance of official duties. Officials are persons who are authorized by the state to exercise the function of representatives of authority (permanently or temporarily). To them, according to the legislation, citizens who are engaged in entrepreneurial activity, but not registered as a legal entity. Administrative violations and administrative responsibility of officials are provided for more than 2/3 of articles of the Code of Administrative Offenses of the Russian Federation (Special Part).