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 25. Participants of Proceedings on Cases Concerning Administrative Offenses, Their Rights and Duties


Article 25.1. Person Who Is On Trial in Connection with a Case Concerning an Administrative Offence


 1. A person who is on trial in connection with a case concerning an administrative offence shall be entitled to familiarize themselves with all the materials of the case, to give explanations, to present evidence, to make petitions and objections, to have the legal assistance of a defense counsel, as well as to enjoy other procedural rights in compliance with this Code.
 2. A case concerning an administrative offence shall be considered with the participation of the person who is on trial in connection with the case on the administrative offence. In the absence of said person the case may be only tried if there is evidence of the proper notification of this person about the place and time of consideration of his case, or if this person has not made a petition to postpone consideration of his case, or if such petition has not been allowed.
 3. A judge, body, or official, which tries a case concerning an administrative offence, shall be entitled to regard the presence of the person, who is on trial in this case, while considering it, as obligatory.
 When trying a case concerning an administrative offence entailing administrative arrest or administrative deportation from the Russian Federation of a foreign citizen or stateless person, the presence of the person, who is on trial in connection with this case shall be obligatory.
 4. A minor, who is on trial in connection with a case concerning an administrative offence, may be sent away for the term of consideration of the circumstances of the case the discussion of which may have a negative effect on said person.

Article 25.2. Aggrieved Party


 1. An aggrieved party shall be a natural person or a legal entity that has suffered physical, property or moral damage.
 2. An aggrieved party shall be entitled to familiarize themselves with all the materials of a case concerning an administrative offence, to give explanations, to present evidence, to make petitions and objections, to have the legal assistance of a representative, to appeal against a decision on this case, and to enjoy other procedural rights in compliance with this Code.
 3. A case concerning an administrative offence shall be tried with the participation of the aggrieved party. In the absence thereof a case may be only tried if there is evidence of the proper notification of the aggrieved party about the place and time of consideration of the case, or if the aggrieved party has not made a petition to postpone consideration of the case, or if such petition has not been allowed.
 4. An aggrieved party may be interrogated under Article 25.6 of this Code.

Article 25.3. Legal Representatives of a Natural Person


 1. The rights and legitimate interests of a natural person put on trial in connection with a case concerning an administrative offence, or of an aggrieved person, who are minors or are not able to exercise their rights because of their physical or mental condition, shall be protected by the legal representatives thereof.
 2. The legal representatives of a natural person shall be his parents, adoptive parents, trustees and guardians.
 3. Blood relations or appropriate powers of persons, who are legal representatives of a natural person, shall be certified by the documents provided for by law.
 4. Legal representatives of a natural person, who is on trial in connection with a case concerning an administrative offence, and of an aggrieved person, shall enjoy the rights and carry out the duties provided for by this Code in respect of the persons whom they represent.
 5. When trying a case concerning an administrative offence committed by a person who is under the legal age, a judge, body, or official trying the case concerning the administrative offence, shall be entitled to regard the presence of a legal representative of said person as obligatory.

Article 25.4. Legal Representatives of a Legal Entity


 1. The rights and legitimate interests of a legal entity, which is on trial in connection with a case concerning an administrative offence, or of a legal entity, which is an aggrieved party, shall be protected by the legal representatives thereof.
 2. In compliance with this Code, the legal representatives of a legal entity shall be its head, as well as any other person recognized under the laws or under constituent documents thereof as a body of the legal entity. Powers of the legal representative of a legal entity shall be attested by documents certifying the official status thereof.
 3. A case, concerning an administrative offence committed by a legal entity, shall be tried with the participation of the legal representative or of the defense counsel thereof. In the absence of said persons the case may be only tried if there is evidence of their proper notification about the place and time of consideration of the case, or if they have not made a petition to postpone consideration of the case, or if such petition has not been allowed.
 4. When trying a case concerning an administrative offence committed by a legal entity, a judge, body, or official who is trying the case concerning the administrative offence shall be entitled to regard the presence of the legal representative of the legal entity as obligatory.

Article 25.5. Defense Counsel and Representative


 1. A defense counsel may participate in proceedings in a case concerning an administrative offence in order to render legal assistance to the person who is on trial in connection with the case on the administrative offence, and a representative may participate therein for the purpose of rendering legal assistance to the aggrieved party.
 2. A lawyer or some other person shall be allowed to participate in proceedings in a case concerning an administrative offence as a defense counsel or a representative.
 3. The authority of a lawyer shall be certified by an order issued by a legal advice agency. The authority of other person rendering legal assistance shall be certified by a power of attorney drawn up in compliance with the law.
 4. A defense counsel and a representative shall be allowed to participate in proceedings in a case concerning an administrative offence as of the moment of drawing up a report about the administrative offence. In the event of the administrative detention of a person in connection with an administrative offence, a defense counsel shall be allowed to participate in proceedings in the case concerning the administrative offence as of the moment of the administrative detention.
 5. A defense counsel and a representative, allowed to participate in proceedings in a case concerning an administrative offence, shall be entitled to familiarize themselves with all the materials of the case, to present evidence, to make petitions and protests, to take part in consideration of a case, to complain against measures taken for the purpose of faciliating proceedings in the case or against a decision thereupon , as well as to exercise other procedural rights under this Code.

Article 25.6. Witnesses


 1. A person who may be aware of the circumstances of a case concerning an administrative offence that are subject to substantiation may be summoned as a witness in this case.
 2. A witness shall be obliged to appear, when summoned by the judge, body, or official trying a case concerning an administrative offence, and to give truthful evidence: to report all that he knows in respect of this case, to answer questions posed and to attest to the correctness of entering his testimonies in an appropriate record by his signature affixed thereto.
 3. A witness shall be entitled to do the following:
  1)  not to testify against himself, his spouse and close relatives;
  2)  to testify in his native language or in the language which he has command of;
  3)  to have the free assistance of an interpreter;
  4)  to make comments, as regards the correctness of entering his testimonies in a record.
 4. When interrogating a witness who is a minor who has not attained the age of fourteen years old, the presence of a pedagogue or a psychologist shall be obligatory. When necessary, the interrogation of a witness who is a minor shall be conducted in the presence of the legal representative thereof.
 5. A witness shall be warned about the administrative responsibility for giving willfully false evidence.
 6. A witness shall bear the administrative responsibility provided for by this Code for refusal to carry out, or avoidance of, the duties stipulated by Part 2 of this Article.
 Note. In this Article close relatives means parents, children, adoptive parents, adopted children, brothers and sisters, grandmothers, grandfathers and grandchildren.

Article 25.7. An Attesting Witness


 1. In the events provided for by this Code, an official, trying a case concerning an administrative offence, may call upon as an attesting witness any person of legal age who is not interested in the outcome of the case. There should be at least two attesting witnesses.
 2. The presence of attesting witnesses shall be obligatory, where it is provided for by Article 27 of this Code. An attesting witness shall attest in a record by his signature affixed thereto the actual conduct in his presence of procedural actions, the contents and results thereof.
 3. An entry shall be made in a record about the participation of attesting witnesses in proceedings in a case concerning an administrative offence.
 4. An attesting witness shall be entitled to make comments in respect of procedural actions being conducted. The comments of an attesting witness shall be subject to entry in the record.
 5. Where necessary, an attesting witness may be interrogated as a witness under Article 25.6 of this Code.

Article 25.8. A Specialist


 1. Any person of legal age, who is not interested in the outcome of proceedings in a case and who has the necessary knowledge for rendering assistance in detection, corroboration and exclusion of evidence, as well as in the use of technical means, may be invited to participate in proceedings in a case concerning an administrative offence.
 2. A specialist shall be obliged to do the following:
  1)  to appear, when summoned by a judge, body, or official trying a case concerning an administrative offence;
  2)  to participate in conducting actions, which require special knowledge, for the purpose of detecting, corroborating and excluding evidence, to give explanations concerning his actions;
  3)  to attest by his signature the fact of committing said actions, their contents and results.
 3. A specialist shall be warned about the administrative responsibility for giving willfully false explanations.
 4. A specialist shall be entitled to do the following:
  1)  to familiarize himself with the materials of a case concerning an administrative offence related to the actions committed with his participation;
  2)  by the authority of a judge, official, or person, presiding over a meeting of a collegiate body which is trying a case concerning an administrative offence, to ask the person who is on trial in connection with the case, the aggrieved person and witnesses, questions related to the relevant proceedings;
  3)  to make statements and comments in respect of his actions. These statements and remarks shall be subject to entery in the record.
 5. A specialist shall be administratively liable under this Code for refusal to carry out, or avoidance of, the duties provided for by Part 2 of this Article.

Article 25.9. An Expert


 1. Any person of legal age who is not interested in the outcome of a case and has special knowledge in science, technology, arts or crafts, sufficient for conducting an expert examination and for issuing an expert report, may be invited as an expert.
 2. An expert shall be obliged to do the following:
  1)  to appear, when summoned by a judge, body, or official triying a case concerning an administrative offence;
  2)  to issue an unbiased report in respect of the questions posed to him, as well as to give explanations required in connection with the contents of the report.
 3. An expert shall be warned about administrative responsibility for giving willfully false evidence.
 4. An expert shall be entitled to refuse to issue an expert report if the questions posed to him go beyond the scope of his special knowledge or if the materials submitted to him are not sufficient for issuing an expert report.
 5. An expert shall be entitled to do the following:
  1)  to familiarize himself with the materials of a case concerning an administrative offence which relate to the subject of an expert examination, to make petitions for submission to him of additional materials necessary for issuing an expert report;
  2)  by the authority of a judge, or an official or person, presiding over the meeting of a collegiate body trying a case concerning an administrative offence, to ask the person who is on trial in connection with the case, an aggrieved person and witnesses, questions related to the subject of the expert examination;
  3)  to indicate in his report the circumstances important to the case which have been established during the conduct of an expert examination and in respect of which questions have not been posed to him.
 6. An expert shall be administratively liable under this Code for refusal to carry out, or avoidance of, the duties provided for by Part 2 of this Article.

Article 25.10. Translator


 1. Any person of legal age who has good command of languages or sign translation skills (who understands the signs used by deaf and dumb persons) which are necessary for translation and sign translation, when carrying out proceedings on a case concerning an administrative offence, may be called upon as a translator.
 2. A translator shall be appointed by a judge, body, or official trying a case concerning an administrative offence.
 3. A translator shall be obliged to appear, when summoned by a judge, body, or official trying a case concerning an administrative offence, to make a complete and correct translation, and to attest the correctness of the translation by his signature.
 4. A translator shall be warned about the administrative liability for making a willfully incorrect translation.
 5. A translator shall be administratively liable under this Code for refusal to carry out, or avoidance of, the duties provided for by Part 3 of this Article.

Article 25.11. Prosecutor


 1. A prosecutor, within the scope of his authority, shall be entitled to do the following:
  1)  to initiate proceedings in a case concerning an administrative offence;
  2)  to participate in consideration of a case concerning an administrative offence, to make petitions, to issue reports concerning questions arising during consideration of the case;
  3)  to lodge a protest against a decision in respect of a case concerning an administrative offence, regardless of his participation in the case, as well as to commit other actions provided for by federal law.
 2. A prosecutor shall be notified about the place and time of consideration of a case concerning an administrative offence committed by a minor, as well as about the time and place of consideration of such a case brought before the court at the initiative of the prosecutor.

Article 25.12. Circumstances under Which Participation in Proceedings in a Case Concerning an Administrative Offence Is Not Allowed


 1. Persons, who are officials of state bodies exercising supervision and control over observance of the rules whose violation has become the reason for bringing a case concerning an administrative offence before the court or who have acted earlier as other participants of proceedings in this case, shall not be allowed to participate therein as defense counsels or representatives.
 2. Persons, who are relatives of the individual who is administratively liable, of an aggrieved individual, of legal representatives thereof, of the defense counsel, of the representative, of the prosecutor, of the judge, of a member of the collegiate body or of the official trying a case concerning an administrative offence, or who have acted earlier as other participants of proceedings in this case, or if there are reasons to consider these persons to be personally interested directly or indirectly in the outcome of proceedings in this case, shall not be allowed to participate therein as a specialist, expert or translator.

Article 25.13. Challenge of Persons Whose Participation in Proceedings in a Case Concerning an Administrative Offence Is Not Allowed


 1. In the presence of the circumstances, provided for by Article 25.12 of this Code which make the participation of a person as a defense counsel, representative, specialist, expert or translator in proceedings in a case concerning an administrative offence impossible, said person shall be subject to challenge.
 2. An application for self-rejection or a challenge shall be filed to the judge, body, or official trying the case concerning an administrative offence.
 3. Upon consideration of an application for self-rejection or for a challenge the judge, body or official, trying the case concerning an administrative offence, shall issue a ruling allowing the application or rejecting it.

Article 25.14. Reimbursement of the Expenses Incurred by an Aggrieved Person, a Witness, a Specialist, an Expert, a Translator and by an Attesting Witness


 1. Expenses, incurred by an aggrieved person, by a witness, by a specialist, by an expert, by a translator and by an attesting witness in connection with the appearance thereof before the court, official or body which is trying a case concerning an administrative offence, shall be reimbursed in the procedure established by the Government of the Russian Federation.
 2. The work of a specialist, expert or translator shall be paid for in the procedure established by the Government of the Russian Federation.

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