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 26. Facts in Proof. Evidence. Evaluation of Evidence


Article 26.1. Circumstances Subject to Clarification with Respect to a Case Concerning an Administrative Offence


 Subject to clarification with respect to a case concerning an administrative offence shall be:
  1)  presence of the occurrence of an administrative offence;
  2)  person who has committed unlawful actions (omissions) which are administratively liable under this Code or under a law of a subject of the Russian Federation;
  3)  administrative guilt of the person;
  4)  circumstances commuting administrative liability and circumstances aggravating administrative liability;
  5)  nature and amount of damage caused by an administrative offence;
  6)  circumstances preventing proceedings in a case concerning an administrative offence;
  7)  other circumstances that are important for correct resolution of a case, as well as reasons for and circumstans of an administrative offence.

Article 26.2. Evidence


 1. Any facts which serve as a ground for the establishment by a judge, body, or official, trying a case concerning an administrative offence, of the occurrence or absence of the administrative offence, or the guilt of the person brought to account for the administrative offence, as well as other circumstances which are important for correct resolution of the case, shall be evidence with respect to the case concerning the administrative offence.
 2. These facts shall be established by a record of the administrative offence and by other records provided for by this Code, or by explanations of the person who is on trial in connection with the administrative offence, or by evidence of the victim and of the witnesses, by expert reports and by other documents, as well as by readings of special technical means and by material evidence.
 3. The use of evidence obtained in violation of the law shall not be allowed.

Article 26.3. Explanations of the Person Who Is on Trial in Connection with a Case Concerning an Administrative Offence, Evidence of the Victim and of the Witnesses Thereof


 1. Explanations of the person who is on trial in connection with a case concerning an administrative offence, evidence of the victim and witnesses thereof, shall constitute data relevant to the case and be delivered by said persons orally or in writing.
 2. Explanations of the person who is on trial in connection with a case concerning an administrative offence, evidence of the victim and the witnesses, shall be shown in a record of the administrative offence, in a record of ensuring proceedings in the case concerning the administrative offence and in a record of proceedings in the case concerning the administrative offence; where necessary, they shall be written down and attached to the case-file.

Article 26.4. An Expert Examination


 1. Where it is necessary in the course of proceedings in a case concerning an administrative offence to use special knowledge in science, technology, arts or crafts, a judge, body, or official, trying the case, shall issue a ruling to conduct an expert examination. Experts or institutions, which are entrusted with the conduct of an expert examination, shall be obliged to execute the ruling.
 2. The ruling shall indicate the following:
  1)  the reasons for ordering an expert examination;
  2)  the family name, first name and patronymic of the expert or name of the institution where the expert examination is to be conducted;
  3)  the questions posed to the expert;
  4)  a list of materials placed at the disposal of the expert.
 Moreover, the ruling shall contain entries explaining to an the expert his rights and duties and warning him of the administrative liability for issuing a willfully false expert report.
 3. The questions posed to a expert and his report may not go beyond the scope of his special knowledge.
 4. Prior to directing the ruling for execution, a judge, body, or official, trying a case concerning an administrative offence, shall be obliged to familiarize the person who is on trial in connection with the case, and the victim thereof with it, as well as to explain to them their rights, including the right to challenge an expert, the right to request the calling of persons indicated by them as experts, the right to pose questions to be answered in an expert report.
 5. An expert shall issue his report in writing in his own name. It should be indicated in an expert report who conducted the expert examination, the reasons for it and its contents, and it should contain well-founded answers to the questions posed to the expert and conclusions made.
 6. An expert report shall not be binding for the judge, body, or official trying a case concerning an administrative offence, but their disagreement with an expert opinion must be reasonable.

Article 26.5. Making Tests and Sampling


 1. Any official, who is trying a case concerning an administrative offence, shall be entitled to take handwriting samples, to make tests and to take samples of goods and of other articles that are necessary for conducting an expert examination.
 2. Where necessary, photography, filming, videotape recording and other established ways of fixing material evidence shall be used, when making tests and taking samples.
 3. A record, as provided for by Article 27.10 of this Code, shall be drawn up on the tests and sampling.

Article 26.6. Material Evidence


 1. Material evidence with respect to a case concerning an administrative offence shall mean instruments used in committing, and subjects of, the administrative offence, including instruments used in committing, or subjects of, the administrative offence bearing traces of the administrative offence.
 2. Where necessary material evidence shall be photographed or fixed in some other established way and shall be attached to the case file on an administrative offence. Presence of material evidence shall be registered in the record of an administrative offence or in some other record provided for by this Code.
 3. A judge, body, or official trying a case concerning an administrative offence, shall be obliged to take necessary measures aimed at ensuring the safety of material evidence, pending the settlement of the case on its merits, as well as to render a decision in respect of them, prior to the termination of proceedings on the case.

Article 26.7. Documents


 1. Documents shall be regarded as evidence, if the data, stated or attested therein by organisations , by associations thereof, by officials and citizens, is of importance for proceedings in a case concerning an administrative offence.
 2. Documents may contain data fixed either in writing or in any other way. Materials obtained with the help of photography, filming, videotape and sound recording, as well as those contained in data bases, data banks and other information carriers, may be regarded as documents.
 3. A judge, body, or official trying a case concerning an administrative offence shall be obliged to take necessary measures aimed at ensuring the safety of documents pending the settlement of the case on its merits, as well as to take a decision with respect to them prior to termination of proceedings on the case.
 4. If documents have the qualities indicated in Article 26.6 of this Code, such documents shall be regarded as material evidence.

Article 26.8. Readings of Special Technical Means


 1. Special technical means shall mean measurement instrumentation that has been approved in the established procedure as a means of measurements, has the appropriate certificates and has passed a metrological check.
 2. Readings of special technical means shall be shown in a record of an administrative offence.

Article 26.9. Orders and Requests in Respect of a Case Concerning an Administrative Offence


 1. An official trying a case concerning an administrative offence shall be entitled, in order to obtain evidence in respect of the case concerning the administrative offence, to make requests directed to appropriate territorial agencies or to order an official of an appropriate territorial agency to commit individual actions provided for by this Code.
 2. An order or a request with respect to an administrative offence shall be subject to execution within a five-day term as of the date of receipt of said order or request.
 3. The interaction of bodies, trying cases concerning administrative offenses, with competent authorities of foreign states and international organisations shall be effected in the procedure established by the laws of the Russian Federation.

Article 26.10. Demanding and Obtaining Information


 A judge, body, or official, trying a case concerning an administrative offence shall, be entitled to issue a ruling in order to demand and obtain information necessary for settling the case. Demanded information shall be directed within a three-day term as of the date of the ruling's receipt, and with regard to an administrative offence entailing administrative arrest it shall be done without delay. Where it is impossible to submit said information, an organisation shall be obliged within a three-day term to so notify in writing the judge, body, or official who issued the ruling.

Article 26.11. Evaluation of Evidence


 A judge, members of a collegiate body, or official, trying a case concerning an administrative offence, shall evaluate evidence guided by their inner conviction based on comprehensive, full and unbiased examination of all the circumstances of the case in the aggregate. No evidence shall have predetermined weight.

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