What is the general period for considering an administrative offense case?

The time for considering an administrative violation case is a very important nuance that all citizens should know about. After all, in Russia, at the legislative level, certain accusations can be avoided or appealed against. In addition, it is important to realize how much this or that case will be considered. Then everything will be told about the feature being studied. What are the possible developments? What in general can be considered an administrative violation? How much will it be considered in this or that case? Can I somehow extend or accelerate this period? Answering all the questions posed, it will be possible to fully clarify the situation. In reality, everything is not so difficult. Especially if you carefully study the legislative acts of the Russian Federation.

Administrative violation is ...

It is necessary for all citizens to know what time period for considering a case on an administrative offense under certain circumstances. But before that you have to understand what kind of violations are involved.

In the Russian Federation there are several types of liability. We are talking about administrative and criminal cases. It is generally accepted that a criminal case is the highest penalty. Administrative responsibility is something like a "soft" measure of restraint of a repeated violation. Often it is expressed in the form of fines.

An administrative offense is an act for which administrative responsibility has been established by law. This action / inaction is different in that, in fact, it does not pose a significant danger to others. Some actions can be recognized as a violation or a crime.

Conviction

What is the time limit for considering an administrative violation case? The answer to this question is a little later. First you have to understand in which case a person or an entrepreneur is guilty of a specific violation of the administrative code.

The thing is that according to the established legislation (Article 2.1) Jur. The person is guilty of infringement if it has been proved that the organization could observe norms of behavior, but the person has undertaken nothing for this purpose.

The same goes for ordinary citizens. If an administrative violation was proven, a person is convicted. There is nothing difficult or special in this.

To find the guilty of administrative violation necessary to conduct a special investigation. In the course of it all materials and circumstances that precede the event are studied. As a result, a decision is made. That is why it is important to understand how much time it takes to consider the case of an administrative violation.

Common Terms

In fact, everything is easier than it seems. Understand the question posed by the relevant code will help (see the image below). It prescribes the duration of the proceedings, as well as the conditions for extending it.

To date, it takes about fifteen days. The thing is that the time for considering the case of an administrative offense is 15 days. The countdown starts from the moment the protocol is received about certain acts. It is possible to obtain evidence materials made with the help of modern technical equipment capable of conducting photo and video recording. For example, with cameras "safe city".

In practice, exactly such a duration takes place. It is generally accepted that administrative cases are considered no more than two weeks. This is the maximum time for which the issue can be resolved. We can hope that the matter will be considered more quickly. This factor can not be called exact, it all depends on the load on this or that organ.

In a court

The next stage, which should be carefully studied, is the consideration of cases in court. Often even minor violations of an administrative nature are transferred to the judicial authorities. It is important to understand that the research will have a different duration.

The time for consideration of an administrative offense by a court of law is currently 2 months. The starting point is the time of receipt of the protocol or petition for violation. This is the duration specified in the Code of Administrative Offenses, in Article 29.6.

As in the previous case, the court is able to make a decision faster. But in practice, such situations are rare. It is not necessary to expect a prompt consideration of the case. When applying to the authorities to protect their own rights and freedoms, they always take into account the maximum duration of work with certain documents.

Extension

As already mentioned, under certain circumstances it is possible to extend the period for studying administrative offenses. This measure is not very common in practice.

The extension of the period for the consideration of the case of an administrative violation in Russia under the established laws is carried out by the investigating body or by the court. To do this, you must follow certain conditions. Which ones?

For example:

1. Extension takes place if the participants in the case file a petition for revision of the violation. This is a very common scenario, according to which events can develop.
2. If you need additional investigation or study of new circumstances. If the previously established deadlines are not respected, then the court or the body considering the violation has the right to additional investigation.

It is impossible to study violations without any grounds. There must necessarily be a good reason for putting the idea into practice.

The judge or the investigating body has the right to extend the time for consideration of the case of an administrative offense for a particular period. If that is what the situation and circumstances require. The general term for the consideration of a case on an administrative offense can be extended no more than for 1 month. A motivated definition is required for this event.

Special cases

It should be noted that Russian legislation has a huge number of features and nuances in all its areas. Even when studying certain violations. And administrative matters are no exception. What everyone should remember about.

The time for consideration of the case of an administrative offense under certain circumstances is five days after the delivery of the protocol. The extension of this period is not provided by law. These are cases related to violations of the articles of the Code of Administrative Offenses:

• 5.1-5.25;
• 5.58;
• 5.69;
• 5.45-5.52.

It is these restrictions that are in effect in Russia today. There is no other. Every citizen must remember this.

Arrest and deportation

All of the above features and nuances are not unique in their kind. Different violations are considered at different times. This is normal. The limitation period for considering an administrative violation case can be very small. Significantly less than the above limitations.

These are situations in which an administrative arrest or deportation is imposed on a citizen outside the territory. How long does it take to consider the case of an administrative offense? At the legislative level, a restriction is established in one day. This means that if it is necessary to deport or impose an administrative arrest, the case will be considered within 24 hours from the moment the protocol or evidence of the act was received.

The exception is cases in which a detainee already participates in the violation. Then the time for consideration of the case of an administrative offense will be two days. Or rather, not more than forty-eight hours. Countdown should begin from the moment of detention of the offender.

Suspension of activity

The timing of the consideration of the case of an administrative offense (SDA or any other case - not so important) has already been considered. Almost all possible options for the development of events have become known. It remains to take into account the latest features of the topic under study.

For example, some violations involve the suspension of a company or a citizen. The study of such cases is nothing but the last feature. What is the deadline for considering an administrative violation case if the activity of the company was temporarily suspended?

Such events take a week. To be more precise, 7 days from the moment of termination of the activity and the working process of the company. It should also be noted that the suspension of activities for a while will eventually be counted in administrative punishment.

Term of circulation

Perhaps, all possible layouts have been studied. In fact, everything is not so difficult! If you are well versed in the laws of the Russian Federation, you can accurately say how much will be allocated to the study of a violation of an administrative nature.

Pay special attention to the time when you can apply to the court after the offense. During what time can you bring the culprit to justice?

There are different cases. It all depends on the circumstances. To date, one should rely on the fact that the limitation period for the consideration of an administrative violation case leaves:

• 2 months for most violations;
• 1 year - if in the form of punishment is entitled to disqualification or if the violation is continuing.

Calculation of this starts either from the moment of receipt of petitions for revision of violations, or in the presence of a protocol to initiate a case, or from the moment of direct commission of a crime.

Accordingly, according to the rules established to date, the period for considering the case of an administrative offense (12.8 articles, for example) is 12 months. There is nothing difficult to understand. It's enough just to classify the perfect act.

About violation of terms

One of the most important problems in the legislation is the violation of the terms of the consideration of the case of an administrative offense. This phenomenon should be considered as carefully as possible, and give this process a little of its attention. The thing is that such an act violates human rights to protect their freedoms and interests in court, which is described in detail in the Constitution.

It should be noted that the body considering the case is obliged to take all possible actions to eliminate the unjustified violation. As already mentioned, some periods of study of violations can be prolonged, but only if there are good reasons.

If it was proved that the time for consideration of a case on an administrative offense is violated unjustifiably, the reviewing authority or the judge is brought to disciplinary responsibility. He may even be early terminated.

Unfortunately, today more and more often there are administrative violations. In this regard, the number of cases that are being considered without observing the established restrictions is growing.

How to behave

What should be done if a citizen suspects that the time for considering an administrative violation case is less than the time reported by the body considering the act?

There are several options. You can either complain to higher authorities, reinforce your discontent with the legislation of the country, or just wait. As practice shows, it is the second case that is most optimal. As already mentioned, the increase in the number of administrative violations leads to an increase in the expectation of satisfaction of certain complaints.

Results and conclusions

From now on it is clear how long the limitation period for the consideration of the case of an administrative violation lasts. It is necessary to pay attention to numerous features of the perfect act. Only in this way will it be possible to establish the maximum duration of the study of the case.

Some situations allow prolonging the administrative investigation. In practice, such cases are not very common. After all, for them must be found good reasons.

Most often, cases of an administrative nature are considered 5-15 days. It is recommended to pay attention to such limitations.