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Administrative law. Proceedings in cases of administrative offenses (the most important)

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52. PROCEEDINGS ON CASES ON ADMINISTRATIVE OFFENSES

Purpose of administrative proceedings - timely, complete and objective clarification of the circumstances of the case, its resolution in strict accordance with the law and ensuring the timely and accurate execution of the decision.

Circumstances excluding proceedings in a case of an administrative offense. Proceedings regarding an administrative offense cannot be started, and the started proceedings must be terminated if at least one of the following circumstances exists:

1) the absence of an event and elements of an administrative offense;

2) the person did not reach the age of 16 at the time of committing the administrative offense;

3) irresponsibility of a person who has committed an unlawful act or inaction;

4) act of a person in a state of emergency or necessity of defense;

5) issuance of an amnesty act, if it eliminates the application of an administrative penalty;

6) cancellation of the act establishing administrative responsibility;

7) expiration by the time of consideration of the case of an administrative offense of the terms provided for by law (two months);

8) the presence, on the same fact, in relation to the person brought to administrative liability, of a resolution of the competent body (official) to impose an administrative penalty or an unreversed decision of a comrades’ court, if the materials were transferred on a legal basis, as well as the existence of a criminal case on this fact;

9) death of the person against whom proceedings were initiated. Cases of administrative offenses are considered openly.

In order to ensure the legality of administrative proceedings in cases of administrative offenses The prosecutor has the right:

▪ initiate proceedings regarding an administrative offense;

▪ participate in the consideration of a case of an administrative offense, submit petitions, give opinions on issues arising during the consideration of the case;

▪ lodge a protest against decisions in a case of an administrative offense, regardless of participation in the case, as well as perform other actions provided for by the Federal Law.

The prosecutor must be notified of the place and time of the consideration of the case on an administrative offense committed by a minor, as well as the case on an administrative offense initiated at the initiative of the prosecutor.

Proceedings in cases of administrative offenses are regulated by the norms of Sec. 4 of the Code of Administrative Offenses of the Russian Federation.

Author: Chetverikov V.S.

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