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 2. Administrative Offence and Administrative Responsibility
Article 2.1. Administrative Offence
1. A wrongful, guilty action (omission) of a natural person or legal entity which is administratively punishable under this Code or the laws on administrative offences of subjects of the Russian Federation shall be regarded as an administrative offence.
2. A legal entity shall be found guilty of an administrative offence, if it is established that it had the opportunity to observe rules and norms whose violation is administratively punishable under this Code or under the laws of a subject of the Russian Federation, but it has not taken all the measures that were in its power in order to follow to them.
3. Imposition of an administrative penalty on a legal entity shall not relieve the guilty natural person of administrative responsibility for the given offence, and holding a natural person to administrative or criminal responsibility shall not relieve the legal entity of administrative responsibility for the given offence.
Article 2.2. Types of Guilt
1. An administrative offence shall be deemed willful, when the person who has committed it realized the wrongful nature of his action (omission), could foresee the harmful consequences thereof and wished these consequences, or deliberately tolerated them, or treated them indifferently.
2. An administrative offence shall be deemed as committed through negligence, when a person who has committed it could foresee the harmful consequences of his action (omission) but self-conceitedly hoped to prevent such consequences, or did not foresee the appearance of such consequences, though he should have to or could have foreseen them.
Article 2.3. Age at which Person Becomes Administrative Liable
1. A person who has attained the age of sixteen years old by the moment of committing an administrative offence shall be administratively liable.
2. Subject to the specific circumstances of a case and the data about the person who has committed an administrative offence at an age from sixteen to eighteen years old, said person may be relieved of administrative responsibility for it by a committee for cases involving minors and for protection of their rights, that shall take measures to safeguard him, as provided for by the legislation on the protection of juvenile rights.
Article 2.4. Administrative Responsibility of Officials
An official, who has committed an administrative offence in connection with his failure to discharge his official duties or improper discharge of his official duties, shall be administratively liable.
Note. An official in this Code means a person who exercises the functions of a public officer on a constant or temporary basis, or is vested with special authority, that is, a person who is vested, in the procedure established by law, with managerial powers in respect of persons who are not officially subordinated to him, as well as a person exercising organisational-and-managerial or administrative-and-economic functions in state bodies, bodies of local self-government, governmental and municipal organisations, in the Armed Forces of the Russian Federation, or in other troops and military regiments of the Russian Federation. Heads and officials of other organisations, as well as persons engaged in business activity without forming a legal entity, who have committed administrative offences in connection with exercising organisational-and-managerial or administrative-and-economic functions, shall be administratively liable as officials, if not otherwise established by law.
Article 2.5. Administrative Responsibility of Military Servicemen and of Other Persons Subject to Military Discipline
Military servicemen and citizens engaged in military refresher training shall bear responsibility for administrative offences in compliance with military disciplinary manuals. Officers of the police, of penal bodies and institutions, of the State Fire-Fighting Service, the bodies for control over the traffic of narcotics and psychotropic substances and customs bodies shall bear responsibility for administrative offences in compliance with the normative legal acts regulating service in said bodies. For violation of the laws on elections and referendums or in the area of securing the sanitary-and-epidemiological well-being of the population, of the traffic rules, of fire safety regulations outside the place of service, of the legislation on environmental protection, of customs regulations and the rules on the regime of the State Border of the Russian Federation, of the frontier regime, of the regime for checkpoints at the State Border of the Russian Federation, as well as for administrative offences in the area of taxes, fees and finances, for failure to comply with the lawful demands of a prosecutor, or an investigator, or a person holding an inquiry, or an official carrying out proceedings in respect of a case concerning an administrative offence, the persons subject to military discipline or special disciplinary regulations shall be liable on general grounds. Said persons may not be subject to administrative penalties in the form of administrative arrest, and military servicemen called up for military service may not be also subject to administrative penalties in the form of an administrative fine.
Article 2.6. Administrative Responsibility of Foreign Citizens, Stateless Persons and Foreign Legal Entities
1. Foreign citizens, stateless persons and foreign legal entities who have committed administrative offences on the territory of the Russian Federation shall be administratively liable on general grounds.
2. Foreign citizens, stateless persons and foreign legal entities who have committed administrative offences on the continental shelf and in the economic exclusion zone of the Russian Federation, provided for by Part 2 of Article 8.16, Articles 8.17 - 8.20, Part 2 of Article 19.4 of this Code, shall be administratively liable on general grounds.
3. The issue of the administrative responsibility of a foreign citizen, who is immune from the administrative jurisdiction of the Russian Federation in compliance with the federal laws and international treaties of the Russian Federation and who has committed an administrative offence on the territory of the Russian Federation, shall be resolved in conformity with the rules of international law.
Article 2.7. Urgent Need
Where a person inflicts wrong against interests protected by the law in the event of urgent necessity, that is, for the prevention of a direct danger to a person, or to the rights of the given person, or of other persons, as well as to the interests of the state or society protected by the law, and where this danger could not be prevented by other means and the inflicted wrong is less than the one that has been prevented, it shall not be deemed an administrative offence.
Article 2.8. Insanity
A natural person who, when committing wrongful actions (omission), was insane, that is, could not comprehend the actual nature and wrongfulness of his actions (omission), or could not direct them as a result of a chronic mental disorder, or a temporary mental disorder, or imbecility, or any other mental disease, shall not be administratively liable.
Article 2.9. Possible Relief from Administrative Responsibility, When an Administrative Offence Is Insignificant
Where an administrative offence is insignificant, a judge, or a body, or an official authorized to resolve a case concerning the administrative offence, may relieve the person, who has committed the administrative offence, of administrative responsibility and limit themselves to a reprimand.
Article 2.10. Administrative Responsibility of Legal Entities
1. Legal entities are administratively liable for committing administrative offences in the cases provided for by the articles of Section II of this Code or by the laws on administrative offences of subjects of the Russian Federation.
2. In the event it is not indicated in the articles of Sections I, III, IV and V of this Code that the norms, established by these articles, apply only to a natural person or only to a legal entity, these norms are equally effective either in respect of a natural person or in respect of a legal entity, safe for the cases where these norms by the meaning thereof apply or may apply only to a natural person.
3. In the event that several legal entities have merged, the newly formed legal entity shall be administratively liable.
4. Where a legal entity has been adjoined to another legal entity, the legal entity, which has annexed another legal entity, shall be administratively liable.
5. Where a legal entity has been divided or one or several legal entities have separated out of a legal entity, the legal entity to which, according to the separating balance, the rights and liabilities in respect of the transactions made or the property relating to a committed administrative offence have been assigned, shall be administratively liable.
6. Where a legal entity of one type transforms into a legal entity of another type, the newly formed legal entity shall be administratively liable.
7. In the cases, indicated in Parts from 3 to 6 of this Article, administrative responsibility shall occur, regardless of whether the legal entity held administratively responsible knew about the fact of the administrative offence prior to the completion of the reorganisation.
8. Administrative penalties, imposed, in compliance with Items 2 to 4 of Part 1 of Article 3.2, on a legal entity for committing an administrative offence prior to the completion of the reorganisation of the legal entity, shall apply subject to the provisions of Parts 3 to 6 of this Article.
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