Code Of Administrative Offences Of The Russian FederationNO. 195-FZ OF DECEMBER 30, 2001
(with the Amendments and Additions of April 25, December 31, 2002, June 30, July 4, November 11, December 8, 2003, April 25, 2002)
Adopted by the State Duma on December 20, 2001
Endorsed by the Council of Federation on December 26, 2001
Chapter 1. Aims and Principles of the Legislation on Administrative Offences
Article 1.1. The Legislation on Administrative Offences
1. The legislation on administrative offences consists of this Code and the laws on administrative offences of subjects of the Russian Federation adopted in compliance with it.
2. This Code is based on the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation. Where an international treaty of the Russian Federation establishes rules other than those provided for by the legislation on administrative offences, the rules of the international treaty shall apply.
Article 1.2. Aims of the Legislation on Administrative Offences
The aims of the legislation on administrative offences shall be the protection of the person, of human and civil rights and freedoms, of citizens' health, of the sanitary-and-epidemiological well-being of the population, the defence of public morals, protection of the environment, of the established procedure for exercising state powers, of public order and security, of property, the protection of the lawful interests of natural persons and legal entities, society and the state from administrative offences, as well as the prevention of administrative offences.
Article 1.3. Scope of Jurisdiction of the Legislation on Administrative Offences of the Russian Federation
1. Within the jurisdiction of the legislation on administrative offences of the Russian Federation there shall be the establishment:
1) of general provisions and principles of the legislation on administrative offences;
2) of a list of administrative penalties and rules of imposition thereof;
3) of administrative responsibility regarding matters of federal importance, including administrative responsibility for violating the rules and norms provided for by federal laws and other normative legal acts of the Russian Federation;
4) of the order of proceedings in respect of cases concerning administrative offences, including the establishment of measures ensuring proceedings in cases concerning administrative offences;
5) of the procedure for enforcement of decisions to impose administrative penalties.
2. In compliance with the legislation on the judicial system, this Code shall determine the court jurisdiction of cases concerning administrative offences.
3. In compliance with the legislation on the protection of juvenile rights, this Code shall determine the jurisdiction in cases concerning administrative offences in respect of committees in cases involving minors and protection of their rights.
4. In conformity with the established structure of federal executive bodies, this Code shall determine the jurisdiction in cases concerning administrative offences, provided for by this Code, in respect of federal executive bodies .
Article 1.4. Principle of Equality before Law
1. Persons who have committed administrative offences shall be equal before the law. Natural persons shall be administratively liable, regardless of their sex, race, nationality, language, origin, property or official status, residence, attitude to religion, opinions, participation in social associations, or other circumstances. Legal entities shall be administratively liable, regardless of location, organisational-and-legal form and subordination or other circumstances.
2. Any special conditions for taking measures aimed at ensuring proceedings in a case concerning an administrative offence or of holding administratively responsibile officials exercising certain state functions (deputies, judges, prosecutors and other persons) shall be established by the Constitution of the Russian Federation and by federal laws.
Article 1.5. Presumption of Innocence
1. A person shall be administratively liable only for those administrative offences, in respect of which his guilt has been established.
2. A person who is on trial for an administrative offence shall be regarded innocent until his guilt is proved in the procedure established by this Code and determined by a lawful decision of the judge, or of the body, or of the official who has considered his case.
3. A person held administratively responsibile is not obliged to prove his innocence.
4. Irremovable doubts in respect of the guilt of a person held administratively responsibile shall be interpreted in favour of this person.
Article 1.6. Ensuring Lawfulness, While Taking Coercive Measures in Connection with an Administrative Offence
1. A person held administratively responsibile may not be subject to an administrative penalty and to measures for ensuring proceedings in respect of a case concerning an administrative offence otherwise than for the reasons and in the procedure established by law.
2. An administrative penalty shall be imposed and measures for ensuring the proceedings in respect of a case concerning an administrative offence shall be taken by the authorized body or official within the scope of jurisdiction of said body or official in compliance with law.
3. When taking administrative coercive measures, decisions or actions (failure to act) abasing human dignity shall not be allowed.
Article 1.7. Operation of the Legislation on Administrative Offences in Time and Space
1. A person who has committed an administrative offence shall be liable under the law effective at the time and in the place of committing the administrative offence.
2. Any law mitigating or terminating administrative responsibility for an administrative offence, or improving the position of a person who has committed an administrative offence shall be retroactive, that is, it shall also extend to persons who committed administrative offences prior to the entry of such law into force and who have not been punished pursuant to a decision concerning the imposition of an administrative penalty. A law establishing or aggravating administrative responsibility for an administrative offence or worsening the position of the person shall not be retroactive.
3. Proceedings in respect of a case concerning an administrative offence shall be carried out under the law effective at the time of conducting the proceedings in respect of said case.
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