Advocacy and notary office. Appealing decisions on an administrative offense (the most important)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Advocacy and notary office. Appealing decisions on an administrative offense (the most important)

Lecture notes, cheat sheets

Table of contents (expand)

24. Appeal against decisions on an administrative offense

When appealing a decision on an administrative offense, a lawyer must take into account jurisdiction. The relevant rules are established by art. 30.1 of the Code of Administrative Offenses of the Russian Federation.

Based on the results of consideration of the complaint, a decision is made.

The decision on the case of an administrative offense committed by a legal entity or a person engaged in entrepreneurial activities without forming a legal entity is appealed to an arbitration court in accordance with the arbitration procedural legislation.

A complaint against a decision in a case on an administrative offense is filed with the judge, body, official who issued the decision on the case and who are obliged to send it with all the materials of the case to the appropriate court, higher body, higher official within 3 days from the date of receipt of the complaint.

A complaint against a judge's decision to impose an administrative penalty in the form of administrative arrest shall be sent to a higher court on the day it is received.

A complaint can be filed directly with a court, a higher authority, a higher official authorized to consider it.

If the consideration of the complaint does not fall within the competence of the judge, official who appealed against the decision in the case of an administrative offense, the complaint shall be sent for consideration according to jurisdiction within 3 days.

The law establishes time limits for appealing against a case on an administrative offense A complaint against a decision on a case on an administrative offense may be filed within 10 days from the date of delivery or receipt of a copy of the decision.

An appeal against a decision in a case concerning an administrative offense is subject to consideration within ten days from the date of its receipt with all the materials of the case to the court, body, official authorized to consider the appeal.

A complaint against a decision on administrative arrest is subject to consideration within XNUMX hours from the date of its filing, if the person brought to administrative responsibility is serving an administrative arrest.

Decision not entered into legal force in the case of an administrative offense and (or) subsequent decisions of higher authorities on complaints against this decision can be appealed in accordance with Art. 30.10 of the Code of Administrative Offenses only by the prosecutor. Thus, the lawyer can send a complaint to the prosecutor, who, if he considers the arguments convincing, can appeal against the decision. This generally narrows the right to protection on the part of those brought to administrative responsibility, making it dependent on a state official, such as a prosecutor.

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

<< Back: The main activities of a lawyer in administrative proceedings

>> Forward: The concept and types of representation in tax legal relations

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ Criminology. Crib

▪ Pedagogical psychology. Crib

▪ Money, credit, banks. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

Single-phase bridge rectifiers 4GBUxxLS 16.03.2003

INTERNATIONAL RECTIFIER's 4GBUxxLS single-phase bridge rectifiers are designed as glass-coated chips for operation in high-temperature environments. The rectified current is 4 A, the forward voltage drop is 0,975 V at 25 ° C, the reverse voltages in different versions are 200, 400 and 600 V.

Are issued in the case SIP-4. The new MOSFET IRF8010 has a forward resistance of 12 milliohms - 10% less than previous devices. The drain voltage is 100 V, the maximum operating current is 80 A, the thermal resistance is 0,57 ° C / W. Available in TO-220, TO-262, D2PAK cases.

Other interesting news:

▪ Military electronics with DNA marking

▪ Share of renewable energy sources in Brazil - 88,8%

▪ Development of technology for capturing greenhouse gases

▪ Livescribe Echo Smartpen Gadget

▪ MC33794 - Electric field sensor

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Home workshop. Article selection

▪ article Sauna in the garden. Tips for the home master

▪ article Is it possible to hypnotize a person against his will? Detailed answer

▪ article Saxifrage femur. Legends, cultivation, methods of application

▪ article Automatically turn on PC speakers. Encyclopedia of radio electronics and electrical engineering

▪ Article Protecting the pump motor. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews