Code Of Administrative Offences Of The Russian Federation

NO. 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

Section I
Chapter 1
Aims and Principles of the Legislation on Administrative Offences
Chapter 2
Administrative Offence and Administrative Responsibility
Chapter 3
Administrative Penalty
Chapter 4
Imposition of an Administrative Penalty

Chapter 4. Imposition of an Administrative Penalty


Article 4.1. General Rules for Imposing an Administrative Penalty


 1. An administrative penalty for committing an administrative offence shall be imposed within the limits, established by the law stipulating the responsibility for the given administrative offence, in compliance with this Code.
 2. When imposing an administrative penalty on a natural person, the nature of the administrative offence committed by him, the personality of the culprit, his property status, the circumstances mitigating the administrative responsibility and the circumstances aggravating the administrative responsibility, shall be taken into account.
 3. When imposing an administrative penalty on a legal entity, the nature of the administrative offence committed by it, the property and financial status of the legal entity, the circumstances mitigating the administrative responsibility and the circumstances aggravating the administrative responsibility, shall be taken into account.
 4. Imposition of an administrative penalty shall not relieve a person, who has been penalized for failure to perform a duty, from carrying out this duty.
 5. No one shall bear administrative responsibility twice for the same administrative offence.

Article 4.2. Circumstances Mitigating Administrative Responsibility


 1. The following circumstances shall be deemed as mitigating administrative responsibility:
  1)  acknowledgement of an administrative offence by the person, who has committed it;
  2)  prevention by the person, who has committed an administrative offence, of harmful consequences thereof; voluntary reimbursement for damages caused, or elimination of harm inflicted thereby;
  3)  committing an administrative offence in a state of extreme excitement (in the heat of passion) or under very arduous personal or family circumstances;
  4)  committing of an administrative offence by a minor;
  5)  committing of an administrative offence by a pregnant woman or by a woman having an infant.
 2. A judge, body or official, while considering a case concerning an administrative offence, may deem as mitigating circumstances not indicated in this Code or in the laws of subjects of the Russian Federation on administrative offences.

Article 4.3. Circumstances Aggravating Administrative Responsibility


 1. The following circumstances shall be deemed as aggravating administrative responsibility:
  1)  continuation of wrongful conduct, despite the demand of authorized persons to terminate it;
  2)  repeated commitment of a similar administrative offence, in which the person has already been penalized for committing such an offence in respect of which the term, provided for by Article 4.6 of this Code, has not yet expired;
  3)  drawing minors into the commitment of an administrative offence;
  4)  committing of an administrative offence by a group of persons;
  5)  committing an administrative offence during natural disasters or under other emergency circumstances;
  6)  committing an administrative offence in a state of alcoholic intoxication.
 A judge, body or official, imposing an administrative offence, depending on the nature of the committed administrative offence, may not deem the given circumstance as aggravating.
 2. The circumstances provided for by Part 1 of this Article, may not be deemed as aggravating in the event, if said circumstances are stipulated by the appropriate rules on administrative responsibility for committing an administrative offence as qualifying indicia of the administrative offence.

Article 4.4. Imposition of Administrative Penalties for Several Administrative Offences


 1. Where a person commits two or more administrative offences, an administrative penalty shall be imposed for each administrative offence committed.
 2. Where a person has committed several administrative offences and cases concerning these offences are considered by the same body or official, the penalty shall be imposed within the limits of only one sanction.

Article 4.5. Limitation on Holding a Person Administratively Responsibile


 1. A decision in respect of a case concerning an administrative offence may not be rendered after the expiration of two months as of the date of committing the administrative offence, and in the event of violating the laws of the Russian Federation on internal sea waters, or on inland seas, or on the continental shelf, or on the economic exclusion zone of the Russian Federation, of the customs, antimonopoly or currency laws of the Russian Federation, of the laws of the Russian Federation on the use of atomic power, or on taxes and fees, or on the protection of consumers' rights, or on advertising, on lotteries, such a decision may not be rendered after the expiration of one year as of the date of committing the administrative offence.
 2. In the event of a continuous administrative offence, the terms provided for by Part 1 of this Article shall be calculated beginning from the date of detecting the administrative offence.
 3. A person may be held administratively responsible for an administrative offence entailing the imposition of an administrative penalty in the form of disqualification within one year at the latest as of the date of committing the administrative offence, and if an administrative offence is continuous, this may be done within one year at the latest as of the date of detecting the administrative offence.
 4. When there is a refusal to initiate criminal proceedings, or criminal proceedings are terminated but the indicia of an administrative offence are present in the actions of an individual, the terms, provided for by Part 1 of this Article, shall be calculated starting from the date of rendering the decision about the refusal to initiate criminal proceedings or to terminate them.
 5. Where an application of a person, brought to trial for an administrative offence, for consideration of his case at the location of his residence, is allowed, the limitation for holding him administratively responsible shall be suspended from the moment of allowing this application to the moment of receipt of the case file by the judge, body, or official authorized to consider the case at the place of residence of the person brought to trial for the administrative offence.

Article 4.6. The Term within Which a Person Is Deemed to Be Administratively Penalized


 A person punishable for committing an administrative offence shall be deemed to be administratively penalized for one year as of the date of terminating the execution of the decision on imposition of the administrative penalty.

Article 4.7. Reimbursement for Material and Moral Damage Inflicted by an Administrative Offence


 1. A judge, when considering a case concerning an administrative offence, shall be entitled, in the absence of a dispute about reimbursement for material damage, to resolve the issue of reimbursement for material damage simultaneously with imposition of the administrative penalty.
 Disputes about reimbursement for material damage shall be settled in civil court proceedings.
 2. A dispute about reimbursement for material damage, that relates to a case concerning an administrative offence which is considered by other authorized body or official, shall be settled by court in civil court proceedings.
 3. Disputes concerning reimbursement for moral damage inflicted by an administrative offence shall be considered by court in civil court proceedings.

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