Advocacy and notary office. The main areas of activity of a lawyer in administrative proceedings (the most important)

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Advocacy and notary office. The main areas of activity of a lawyer in administrative proceedings (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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23. The main areas of activity of a lawyer in administrative proceedings

The legal basis for the participation of a lawyer in the process of proceedings in cases of an administrative offense is given in the Constitution of the Russian Federation (Article 48) and in the Code of Administrative Offenses of the Russian Federation (Article 25.5).

A lawyer or other person is allowed to participate in the proceedings on an administrative offense as a defense counsel or representative. The powers of a lawyer are certified by a warrant issued by a legal advisory office.

Powers of another personproviding legal assistance are certified by a power of attorney issued in accordance with the law.

The defense counsel and the representative are allowed to participate in the proceedings on the case of an administrative offense from the moment of drawing up the protocol on an administrative offense. In the case of administrative detention of an individual in connection with an administrative offense, a defense counsel is allowed from the moment of administrative detention.

A defense counsel and a representative admitted to participate in proceedings on a case of an administrative offense have the right to get acquainted with all the materials of the case, present evidence, file motions and challenges, participate in the consideration of the case, appeal against the application of measures to ensure the proceedings in the case, the decision on the case, use other procedural rights under the law.

When examining material evidence the lawyer must take an active position, especially he must be attentive when studying the documents.

Unfortunately, all actions under the Code of Administrative Offenses are carried out by authorized bodies. And the right to conduct their own investigation by lawyers is not spelled out in the Code.

The case on an administrative offense is considered within fifteen days. from the date of receipt by the judge, body, official authorized to consider the case, the protocol on an administrative offense and other materials of the case.

When the consideration of the case on an administrative offense is continued, a protocol on an administrative offense is announced, and, if necessary, other materials of the case. Explanations of a natural person or a legal representative of a legal entity in relation to whom proceedings are being conducted on an administrative offense are heard, testimony of other persons participating in the proceedings, explanations of a specialist and an expert’s opinion, other evidence is examined, and in the case of the participation of a prosecutor in the consideration of the case, his conclusion. The law does not provide a lawyer with such a right, i.e. there are no debates between the parties.

Based on the results of the consideration of a case on an administrative offense, a decision may be issued:

1) on imposing an administrative penalty;

2) on termination of proceedings on the case of an administrative offence.

Authors: Nevskaya M.A., Shalagina M.A.

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