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 IV
Chapter 24
General Provisions
Chapter 25
Participants of Proceedings on Cases Concerning Administrative Offenses, Their Rights and Duties
Chapter 26
Facts in Proof. Evidence. Evaluation of Evidence
Chapter 27
Taking Measures to Secure Proceedings on Cases Concerning Administrative Offenses
Chapter 28
Initiating Proceedings on a Case Concerning an Administrative Offence
Chapter 29
Trying a Case Concerning an Administrative Offence
Chapter 30
Review of Decisions with Regard to Cases Concerning Administrative Offences

Chapter 24. General Provisions


Article 24.1. Tasks in Proceedings on Cases Concerning Administrative Offenses


 The tasks in proceedings on cases concerning administrative offenses shall be comprehensive, complete, unbiased and with timely clarification of the circumstances of each case, settlement thereof in compliance with law, ensuring execution of a decision rendered, as well as elucidation of the reasons and conditions which led to the committing of administrative offenses.

Article 24.2. Language of Proceedings in Cases Concerning Administrative Cases


 1. Proceedings in cases concerning administrative offenses shall be carried out in the Russian language, as the state language of the Russian Federation. Proceedings in cases concerning administrative offenses, together with the state language of the Russian Federation, may be carried out in the state language of the republic on the territory of which a judge, or a body, or an official, authorized to try cases concerning administrative offenses, is situated.
 2. Persons, participating in proceedings in a case concerning an administrative offence and having no command of the language in which the proceedings on the case are carried out, shall be entitled to speak and to give explanations, to make motions and to take exceptions, and to make complaints in the native language or in any other language of free choice of said persons, as well as to make use of a translator.

Article 24.3. Public Hearing of Cases Concerning Administrative Offenses


 1. Cases concerning administrative offenses shall be tried in public, except where this may lead to divulgence of state, military, commercial or other secrets protected by law, as well as where it is necessary in the interests of ensuring the security of persons participating in proceedings in a case concerning an administrative offense, of their family members and relatives, as well as in the interests of protecting the honour and dignity of said persons.
 2. A decision to try a case concerning an administrative offence in camera shall be rendered by the judge, or the body, or the official, considering the case, in the form of a ruling.

Article 24.4. Petitions


 1. Persons, participating in proceedings on a case concerning an administrative offence, shall be entitled to make petitions subject to obligatory consideration by the judge, the body or official who are carrying out proceedings in this case.
 2. A petition shall be made in writing and is subject to instantaneous consideration. A decision to reject a petition shall be rendered by the judge, body or official, carrying out proceedings in the administrative case, in the form of a ruling.

Article 24.5. Circumstances Under Which Proceedings in a Case Concerning an Administrative Offence May Not Be Carried Out


 Proceedings in a case concerning an administrative offence may not be started, and such proceedings, if they have been started, are subject to termination, in the presence of at least one of the following circumstances:
  1)  absence of occurrence of an administrative offence;
  2)  absence of formal components of an administrative offence, including where a natural person has not attained, by the moment of committing unlawful actions (omissions), the age provided for by this Code for holding him administratively responsibile, or where a natural person, who has committed unlawful actions, is insane;
  3)  actions of a person in a state emergency;
  4)  issue of an amnesty act where such act eliminates the imposition of an administrative penalty;
  5)  repeal of the law establishing administrative responsibility;
  6)  expiration of a limitation period for holding anyone administratively responsibile;
  7)  presence in respect of one and the same fact of committing unlawful actions (omissions) by a person, who is put on trial in connection with an administrative offence, of a decision to impose an administrative penalty, or of a decision to terminate proceedings in a case concerning an administrative offence, or of a decision to initiate criminal proceedings against him;
  8)  death of a natural person who is put on trial in connection with an administrative offence.

Article 24.6. Public Prosecutor's Supervision


 The Prosecutor General of the Russian Federation and prosecutors appointed by him shall exercise, within the scope of their jurisdiction, supervision over observance of the Constitution of the Russian Federation and the laws related to proceedings in cases concerning administrative offenses, effective on the territory of the Russian Federation, except for cases which are being tried in court.

Article 24.7. Expenses Related to Proceedings in a Case Concerning an Administrative Offence


 1. Expenses, related to proceedings in a case concerning an administrative offence shall consist of the following:
  1)  amounts paid to witnesses, attesting witnesses, specialists, experts and translators;
  2)  amounts spent on keeping, transportation (sending) and examination of physical evidence.
 2. Expenses related to a case concerning an administrative offence, committed by a natural person and provided for by this Code, shall be put down to the federal budget, and expenses related to a case concerning an administrative offence committed by a natural person and provided for by a law of a subject of the Russian Federation shall be put down to the budget of the appropriate subject of the Russian Federation.
 3. Expenses related to a case concerning an administrative offence committed by a legal entity shall be put down to said legal entity, safe for the amounts paid to a translator. The amounts, paid to a translator in connection with proceedings on a case concerning an administrative offence committed by a legal entity and provided for by this Code, shall be put down to the federal budget, and expenses, related to a case concerning an administrative offence committed by a legal entity and provided for by a law of a subject of the Russian Federation, shall be put down to the budget of the appropriate subject of the Russian Federation.
 In the event of termination of proceedings in a case, concerning an administrative offence committed by a legal entity and provided for by this Code, expenses connected with this case shall be put down to the federal budget, and in the event of termination of proceedings in a case concerning an administrative offence committed by a legal entity and provided for by a law of a subject of the Russian Federation, the expenses relating thereto shall be put down to the budget of the appropriate subject of the Russian Federation.
 4. The amount of expenses, related to a case concerning an administrative offence, shall be determined on the basis of the documents attached to the case-file which can confirm the existence and amount of payments regarded as expenses.
 A resolution on expenses, related to a case concerning an administrative offence, shall be shown in a decision on imposition of an administrative penalty or in a decision on termination of proceedings on the case concerning an administrative offence.

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