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 28. Initiating Proceedings on a Case Concerning an Administrative Offence


Article 28.1. Initiating Proceedings in a Case Concerning an Administrative Offence


 1. Causes for initiating proceedings in a case concerning an administrative offence shall be the following:
  1)  direct detection by the officials, authorized to draw up records of administrative offenses, of sufficient data indicating the occurrence of an administrative offence;
  2)  materials, containing data that indicate the presence of an administrative offence, which have been received from law-enforcement bodies, as well as from other state agencies, from bodies of local self-government and from social associations;
  3)  information and applications of natural persons and legal entities, as well as information in the mass media containing data which indicate the occurrence of an administrative offence (safe for the administrative offenses provided for by Part 2 of Article 5.27, by Articles 14.12, 14.13, 14.21 and 14.22 of this Code).
 Causes for initiating proceedings on cases concerning the administrative offenses, provided for by Articles 14.12, 14.13 and by Articles from 14.21 to 14.23 of this Code, shall be those specified in Items 1 and 2 of this Part, as well as information and applications of the property owner of a unitary enterprise, of the management of a legal entity, of an arbitration manager, as well as of a meeting (committee) of creditors, when trying a bankruptcy case.
 2.The materials, information and applications indicated in Part 1 of this Article shall be subject to consideration by the officials authorized to draw up records of administrative offenses.
 3. Proceedings in a case concerning an administrative offence may be initiated by the official authorized to draw up records of administrative offenses only in the presence of at least one of the causes indicated in Part 1 of this Article and of sufficient data indicating to the occurrence of the administrative offence.
 4. Proceedings in a case concerning an administrative offence shall be regarded as initiated as of the moment of:
  1)  drawing up the first record of taking measures to secure proceedings in a case concerning the administrative offenses provided for by Article 27.1 of this Code;
  2)  drawing up a record of an administrative offence or issuing a decision by a prosecutor to initiate proceedings on a case concerning an administrative offence;
  3)  issuing a ruling to initiate proceedings on a case concerning an administrative offence, where it is necessary to carry out an administrative investigation provided for by Article 28.7 of this Code;
  4)  formalizing a warning or from the moment of imposing (recovering) an administrative fine at the scene of an administrative offence, where under Part 1 of Article 28.6 of this Code a record of an administrative offence is not drawn up.
 5. In the event of the refusal to initiate proceedings on a case concerning an administrative offence and in the presence of the materials, information and applications indicated in Items 2 and 3 of Part 1 of this Article, the official, who has considered said materials, information and application, shall issue a motivated ruling regarding the refusal to initiate a case concerning the administrative offence.

Article 28.2. A Record of an Administrative Offence


 1. A record on the committing of an administrative offence, shall be drawn up, safe for the instances provided for by Article 28.4 and Part 1 of Article 28.6 of this Code.
 2. The record of an administrative offence shall indicate the date and place of drawing it up, the office, family name and initials of the person who drew it up, information about the person who is on trial in connection with the administrative offence, the family names, first names, patronymics and addresses of witnesses and victims, where there are witnesses and victims, the place and time of committing, and the occurrence of, the administrative offence, the article of this Code or of the law of a subject of the Russian Federation stipulating administrative liability for this administrative offence, an explanation of the natural person or of a lawful representative of the legal entity, which are on trial in connection with the administrative offence, and other data necessary for settling the case.
 3. When drawing up a record of an administrative offence, the rights and duties of the natural person and of a lawful representative of the legal entity, which are put on trial in connection with the administrative offence, as well as of other participants of proceedings on the case, provided for by this Code, shall be explained to them, and a relevant entry shall be made in the record thereof.
 4. The natural person or a lawful representative of the legal entity, which are put on trial in connection with a case concerning an administrative offence, should be provided with an opportunity to familiarize themselves with the record of the case. Said person shall be entitled to submit explanations and remarks regarding the contents of the record thereof which shall be attached thereto.
 5. A record of an administrative offence shall be signed by the official who drew it up and by the natural person or a lawful representative of the legal entity which are put on trail in connection with the administrative offence. In the event of the refusal of said persons to sign the record, an appropriate entry shall be made therein.
 6. To the natural person or a legal representative of the legal entity, which are put on trial in connection with an administrative offence, as well as of the victim thereof, a copy of the record of the administrative offence shall be delivered against their acknowledgement of receipt.

Article 28.3. Officials Authorized to Draw Up Records of Administrative Offenses


 1. Records of the administrative offenses provided for by this Code shall be drawn up by officials of the bodies authorized to try cases concerning administrative offenses in compliance with Article 23 of this Code within the scope of jurisdiction of an appropriate body.
 2. Apart from the instances provided for by Part 1 of this Article, the following officials of federal executive bodies, institutions, structural subdivisions and territorial agencies thereof, as well as of other state bodies, in compliance with the tasks and functions placed on them by federal laws or normative legal acts of the President of the Russian Federation or of the Government of the Russian Federation, shall be empowered to draw up records of administrative offenses:
  1)  officials of internal affairs bodies (the police) - records of the administrative offenses provided for by Articles 5.10, 5.11, 5.12, 5.14, 5.15, 5.16, from 5.35 to 5.43, 5.47, 5.49, 6.3, 6.6-6.14, 7.1, by Parts 2 and 3 of Article 7.2, by Articles from 7.3 to 7.9, from 7.11 to 7.15., from 7.17 to 7.20, 7.27, 8.2, 8.3, 8.5, 8.6, by Parts 1 and from 3 to 5 of Article 8.13, by Part 2 of Article 8.17, by Articles 8.21, from 8.28 to 8.32, by Parts 1 and 2 of Article 8.37, by Article 9.4, by Part 1 of Article 9.5, by Articles 9.7, 9.10, 10.2, 10.3, by Part 2 of Article 11.1, by Parts 1, 3 and 4 of Article 11.3, by Part 2 of Article 11.6, by Article 11.16, by Parts 4 and 5 of Article 11.17, by Articles 11.21, 11.22, from 11.25 to 11.29, by Part 3 of Article 12.2, by Articles from 13.1 to 13.4, 13.10, by Parts 1 and 2 of Article 13.12, by Articles from 13.13 to 13.15, 13.21, from 14.1 to 14.5, 14.7, from 14.10 to 14.18, Part 1 of Article 14.27, Articles 15.1, 15.2, from 15.12 to 15.24, from 17.1 to 17.3, 17.7, from 17.9 to 17.13, from 18.2 to 18.4, from 18.10 to 18.14, 19.1, from 19.3 to 19.7, from 19.11 to 19.14, from 19.19 to 19.21, 19.23, from 20.2 to 20.6, 20.9, 20.15, 20.18, 20.19, 20.22, by Part 2 of Article 20.23, by Article 20.24 (in respect of private detectives (security guards), and by Article 20.25 of this Code;
  2)  officials of bodies and institutions of the criminal punishment system - records of the administrative offenses provided for by Part 1 of Article 19.3, by Part 1 of Article 19.5, by Articles 19.6, 19.7 and 19.12 of this Code;
  3)  officials of departmental guard agencies - records of the administrative offenses provided for by Article 20.17 of this Code;
  4)  officials of the agencies carrying out the state registration of social and religious associations and exercising control over the activities thereof - records of the administrative offenses provided for by Article 5.26, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  5)  officials of tax bodies - records of the administrative offenses provided for by Articles from 15.3 to 15.9, 15.11, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  6)  Abolished
  7)  officials of the bodies specially authorized to accomplish tasks in the area of civil defense, protection of the population and territories from emergency situations of a natural and man-made character - records of the administrative offenses provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7, from 20.5 to 20.7 of this Code;
  8)  officials of the bodies carrying out the state registration of juridical persons and individual businessmen - records of the administrative offenses provided for by Part 1 of Article 14.1 and by Part 4 of Article 14.25 of this Code;
  9)  officials of the agencies carrying out the state registration of rights to immovable property and of transactions with it - records of the administrative offenses provided for by Article 19.22 of this Code;
  10)  officials of the bodies having authority in the area of bankruptcy and financial rehabilitation - records of the administrative offenses provided for by Articles from 14.12 to 14.14, from 14.21 to 14.23, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  11)  officials of the bodies responsible for administration of the federal budget - records of the administrative offenses provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  12)  officials of customs agencies - records of the administrative offenses provided for by Part 1 of Article 7.12, by Article 14.10, by Part 1 of Article 15.6, by Part 2 of Article 15.7, by Articles 15.8, 15.9, 16.1, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7 and by Part 2 of Article 20.23 of this Code;
  13)  officials of export control bodies - records of the administrative offenses provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  14)  officials of border guard agencies and frontier troops - records of the administrative offenses provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code.
  15)  officials of the bodies having authority in respect of migration of the population - records of the administrative offenses provided for by Articles from 18.8 to 18.13, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  16)  officials of the federal labour inspectorate and of state labour inspectorates subordinate to it - records of the administrative offenses provided for by Part 2 of Article 5.27, by Article 5.24, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  17)  officials of social security bodies - records of the administrative offenses provided for by Articles from 5.41 to 5.43, 9.13, 9.14, 11.24, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  18)  officials of the bodies having authority in respect of public health protection - records of the administrative offenses provided for by Articles 6.1, 6.2 and 19.13 of this Code;
  19)  officials of the bodies exercising state sanitary-and-epidemiological supervision - records of the administrative offenses provided for by Article 14.26, Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  20)  officials of the bodies exercising state sanitary-and-epidemiological supervision over ensuring sanitary-and-epidemiological safety at special purpose objects - records of the administrative provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  21)  officials of the bodies exercising state veterinary supervision - records of the administrative offenses provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  22)  officials of the bodies exercising state quarantine plant control - records of the administrative offenses provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  23)  officials of the bodies exercising state control and supervision over plant protection - records of the administrative offenses provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  24)  officials of the bodies exercising state control over chemicals and the use of chemicals in agriculture - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  25)  officials of the bodies exercising state control over the quality and efficient use of grain and products thereof - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7 and by Part 1 of Article 19.19 of this Code;
  26)  officials of state seed inspectorates - cases concerning the administrative cases provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  27)  officials of the bodies having authority in livestock breeding management - cases concerning the administrative offences provided for by Article 10.11, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  28)  officials of the bodies exercising state supervision and control over land improvement - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  29)  officials of the bodies exercising state control over land protection and utilization - cases concerning the administrative offence provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  30)  officials of the bodies exercising state geological control - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  31)  officials of the bodies exercising state control over the use and protection of bodies of water - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  32)  officials of the bodies having authority in respect of use, conservation and protection of forestry - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  33)  officials of the bodies in charge of the territories of state wildlife areas and national parks - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  34)  officials of the bodies having authority in respect of protection, control and regulation of using animals, regarded as game, and the habitat thereof - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  35)  officials in charge of fisheries preservation - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  36)  officials of the bodies in charge of hydrometeorology and environmental monitoring - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  37)  officials of the bodies exercising state ecological control - cases concerning the administrative offences provided for by Article 14.26, Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  38)  officials of state energy supervision bodies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  39)  officials of state mining and industrial supervision - cases concerning the administrative offences provided for by Articles 7.5, 7.7, 7.10, 7.19, by Part 2 of Article 9.5, by Articles 9.7, 9.8, 9.10, 9.11, by Parts 2 and 3 of Article 14.1, by Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7, by Parts 1 and 2 of Article 19.19, by Parts from 1 to 3 of Article 20.4 of this Code;
  40)  officials of the bodies having authority in the management of defense branches of industry - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  41)  officials of the bodies exercising state regulation of safety of the use of nuclear power - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  42)  officials of the bodies exercising state fire prevention supervision - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7, by Parts 1 and 2 of Article 19.19 of this Code;
  43)  officials of the bodies exercising state supervision over the technical condition of self-propelled machines and of other types of machinery - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  44)  officials of agencies of the Russian transport inspectorate - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  45)  officials of motor transport agencies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  46)  officials of sea transport agencies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  47)  officials of inland water transport agencies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  48)  officials of agencies of the small boat inspectorate - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  49)  officials of railway transport agencies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  50)  officials of the bodies exercising state regulation in aviation - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  51)  officials of agencies of the united system of air traffic management - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  52)  officials of the bodies having authority in defense - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  53)  officials of the federal executive body, having authority in foreign intelligence, and of territorial agencies thereof - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  54)  Abolished
  55)  officials of the federal executive body, having authority over technical protection of information, and their deputies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  56)  officials of the federal executive body, having authority in respect of state security of the Russian Federation, and of territorial agencies thereof - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Article 19.6 and 19.7 of this Code;
  57)  officials of the bodies having authority in respect of communications and computerization - cases concerning the administrative offences provided for by Parts 1 and 2 of Article 13.5, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  58)  officials of the bodies having authority in respect of the press and mass media - cases concerning the administrative offences provided for by Articles 5.5, 5.10, 5.11, 5.13, 5.51, 5.51, 6.13, 13.15, 13.16, 13.20, 13.21, 13.23, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  59)  officials of the bodies having authority in respect of archive management - cases concerning the administrative offences provided for by Articles 13.20, Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  60)  officials of the bodies having authority over television and radio broadcasting and state control over the technical quality of broadcasting - cases concerning the administrative offences provided for by Articles 5.5, 5.10, 5.11, 5.13, 6.13, 13.15, 13.23, Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  61)  officials of the bodies having authority in respect of the securities market - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  62)  officials of the federal antimonopoly body - cases concerning the administrative offences provided for by Articles 14.1, 14.24, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  63)  officials of agencies of the state inspectorate for trade, quality of goods and protection of consumers' rights - cases concerning the administrative offences provided for by Articles 6.14, 14.1, 14.3, 14.10, by Parts 1 and 2 of Article 14.16, by Article 15.13, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7, by Part 1 of Article 19.19 of this Code;
  64)  officials of the bodies exercising state control over production and sale of ethyl alcohol, of alcohol and alcohol- containing products - cases concerning the administrative offences provided for by Articles 6.14, 14.3, 14.6, by Parts 1 and 2 of Article 14.16, by Parts 1, 3 and 4 of Article 14.17, by Articles 14.18, 15.12, 15.13, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  65)  officials of the bodies exercising state control over price formation - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  66)  officials of standardization, metrology and certification bodies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6, 19.7, by Parts 1 and 2 of Article 19.19 of this Code;
  67)  officials of state statistical registration bodies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  68)  officials of the bodies and institutions exercising federal assaying supervision and state control over production, extraction, processing, use, circulation, registration and storage of precious metals and precious stones - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  69)  officials of agencies of the state housing inspectorate - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Article 19.6 and 19.7 of this Code;
  70)  officials of state architectural-construction supervision agencies - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  71)  officials of the bodies having authority in privatisation and state property management - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  72)  officials of the bodies exercising state control over observance of the rules of protection and use of cultural heritage - cases concerning the administrative offences provided for by Article 7.15, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  73)  officials of the bodies exercising state geodetic supervision, as well as state control in naming geographic objects - cases concerning the administrative offences provided for by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  74)  officials of the bodies having authority in the legal protection of the results of military, special and dual purpose intellectual activities - cases concerning the administrative offences provided for by Part 1 of Article 14.20, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  75)  officials of the bodies having authority in regulating protection of patent rights - cases concerning the administrative offences provided for by Part 2 of Article 7.12, by Article 7.28, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  76)  officials of agencies in charge of road facilities management - cases concerning the administrative offences provided for by Articles 11.22, 12.33, 12.34, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  77)  bailiffs - cases concerning the administrative offences provided for by Article from 17.3 to 17.6, 17.8, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  78)  officials of subdivisions of a military unit, of a control body of internal troops of the Ministry of Internal Affairs of the Russian Federation - cases concerning the administrative offences provided for by Part 1 of Article 19.3, by Part 3 of Article 20.2, by Articles 20.5, 20.13, from 20.17 to 20.19 of this Code;
  79)  officials carrying out an antiterrorist operation - cases concerning the administrative offences provided for by Article 20.27 of this Code;
  80)  officials of bodies and agents of currency control - cases concerning the administrative offences provided for by Article 16.17, by Part 1 of Article 19.4, by Part 1 of Article 19.5, by Articles 19.6 and 19.7 of this Code;
  81)  officials of the Bank of Russia - cases concerning the administrative offences provided for by Article 15.26 of this Code.
  82)  the officials of the bodies responsible for monitoring the observance of the legislation on counteracting the legalisation (laundering) of incomes received by the way of crime and the financing of terrorism: on the administrative offences specified in Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6, 19.7 of the present Code;
  83)  officials of the bodies for control over the traffic of narcotics and psychotropic substances - on the administrative offences provided for by Articles 6.8, 6.9, 6.13, Part 3 of Article 19.3, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6, 19.7, Article 20.22 (in the instances of consuming narcotics or psychotropic substances) of this Code.
  84)  officials of the bodies charged with regulating relationships in the area of organising and conducting lotteries - on the administrative offences envisaged by Article 14.27, Part 1 of Article 19.4, Part 1 of Article 19.5, Articles 19.6 and 19.7 of the present Code.
 3. Apart from the cases provided for by Part 2 of this Article, officials of federal executive bodies, of their institutions, structural subdivisions and territorial agencies, as well as of other state bodies issuing licenses for individual types of activities and exercising control over the observance of terms and conditions of licenses shall be empowered to draw up records of the administrative offences provided for by Parts 2 and 3 of Article 14.1 and by Article 19.20 of this Code within the scope of jurisdiction of an appropriate agency.
 Apart from the instances provided for by Part 2 of this Article, officials of federal executive bodies, of their institutions, structural subdivisions and territorial agencies, as well as of other state agencies authorized to carry out proceedings on cases concerning administrative offences in compliance with this Code, shall be empowered to draw up records of the administrative offences provided for by Articles 17.7 and 17.9 of this Code.
 4. A list of officials authorized to draw up records of administrative offences in compliance with Parts 2 and 3 of this Article shall be established by appropriate federal executive bodies.
 5. Members of an election committee and of a referendum committee with the right to vote, authorized by the election committee and the referendum committee, shall be empowered to draw up records of the administrative offences provided for by Articles from 5.3 to 5.6, from 5.8 to 5.12, from 5.15 to 5.20, by Articles 5.22, 5.46, 5.47, 5.50, 5.51 of this Code.
 Members of commissions for cases involving minors and protection of their rights shall be empowered to draw up records of the administrative offences provided for by Articles from 5.35 to 5.37 and by Article 6.10 of this Code.
 Inspectors of the Audit Office of the Russian Federation shall be empowered to draw up records of the administrative offences provided for by Article 5.21, by Articles from 15.14 to 15.16, by Part 1 of Article 19.4, by Part 1 of Article 19.5 and by Article 19.6 of this Code.
 Officials of state extra-budgetary funds shall be empowered to draw up records of the administrative offences provided for by Articles 15.3, 15.4, by Part 1 of Article 15.6, by Part 1 of Article 15.7, by Article 15.8 (insofar as it relates to the administrative offences connected with transfer of contributions to appropriate state extra-budgetary funds) of this Code.
 6. Records of the administrative offences provided for by laws of the subjects of the Russian Federation shall be drawn up by officials authorized by appropriate subjects of the Russian Federation.

Article 28.4. Institution by a Prosecutor of Legal Proceedings in Cases Concerning Administrative Offences


 1. Legal proceedings on cases concerning the administrative offences, provided for by Articles 5.1, 5.5, 5.7, 5.8, by Articles from 5.22 to 5.24, by Articles 5.40, 5.45, 5.48, 5.52, 7.24, 12.35, 12.36, 13.11, 13.14, by Parts 1 and 2 of Article 14.25, by Article 15.10, by Part 3 of Article 19.4, by Articles 19.9 and 20.26 of this Code, shall be instituted by a prosecutor. When exercising supervision over the observance of the Constitution of the Russian Federation and over the execution of laws effective on the territory of the Russian Federation, a prosecutor shall be empowered to institute legal proceedings in a case concerning any other administrative offence punishable under this Code or a law of a subject of the Russian Federation.
 2. A prosecutor shall issue a decision to institute proceedings in a case concerning an administrative offence which should contain the data provided for by Article 28.2 of this Code. Said decision shall be issued within the term established by Article 28.5 of this Code.
 Article 28.5.Term for Drawing up a Record of an Administrative Offence
 1. A record of an administrative offence shall be drawn up immediately after detecting the commission of an administrative offence.
 2. Where additional clarification of the circumstances of a case concerning an administrative offence, or of the data about a natural person , or of the information about the legal entity which are put on trial in connection with the case is required, a record of the administrative offence shall be drawn within 48 hours as of the moment of detecting the administrative offence.
 3. In the event of conducting an administrative investigation, a record of an administrative offence shall be drawn up on completion of the investigation under the terms provided for by Article 28.7 of this Code.

Article 28.6. Imposition of an Administrative Penalty without Drawing Up a Record Thereof


 1. Where an administrative penalty for commission of an administrative offence is imposed in the form of a warning or of an administrative fine which does not exceed one minimum wage, and, when violating customs rules, in an amount which does not exceed ten times the minimum wage, a record of an administrative offence shall be drawn up, and an authorized official on the scene of committing the administrative offence shall formalize the warning or shall impose and recover the administrative fine. In the event of committing the administrative offence provided for by Chapter 12 of this Code, a decision to impose an administrative fine shall be formalized in the procedure provided for by Article 32.3 of this Code, and an administrative fine shall be recovered in the procedure provided for by Article 32.2 of this Code.
 2. Where a person, who is put on trial in connection with an administrative offence, disputes the occurrence of the administrative offence and (or) the administrative fine imposed on him, or refuses to pay the administrative fine on the scene of committing the administrative offence, a record of the administrative offence shall be drawn up.

Article 28.7. An Administrative Investigation


 1. Where, after detecting an administrative offence stipulated by the antimonopoly laws, the laws on advertising, the currency laws, the laws on protecting consumers' rights, or an administrative offence in the area of taxes and fees, customs, environmental protection, production and sale of ethyl alcohol, of alcohol and alcohol- containing products, fire safety and road traffic, as well as on transport, an expert examination or other time-consuming procedural actions are carried out, an administrative investigation shall be conducted.
 2. A decision to institute proceedings in a case concerning an administrative offence and to conduct an administrative investigation shall be issued by the official, authorized under Article 28.3 of this Code to draw up a record of the administrative offence, in the form of a ruling, and by a prosecutor in the form of a decision, immediately after detecting the fact of committing the administrative offence.
 3. A ruling prescribing the institution of proceedings in a case concerning an administrative offence shall indicate the date and place of drawing up the ruling, the office, family name and initials of the person who has drawn it up, the cause for instituting proceedings in the case concerning the administrative offence, the data indicating the occurrence of the administrative offence, the Article of this Code or of the law of the subject of the Russian Federation stipulating administrative liability for this administrative offence.
 4. An administrative investigation shall be conducted on the scene of committing or at the place of detecting an administrative offence.
 5. The term of conducting an administrative investigation may not exceed one month as of the moment of instituting proceedings in a case concerning an administrative offence. In exceptional instances said term may be extended by a superior official for a term of one month at most, on the application of the official who is trying the case concerning an administrative offence, and in respect of cases concerning violations of customs rules, it may be extended by the head of a superior customs agency for a term of up to six months.
 6. Upon termination of an administrative investigation a record of the administrative offence shall be drawn up or a decision to terminate the proceedings in respect of an administrative offence shall be issued.
 Article 28.8.Forwarding a Record of (a Decision of a Prosecutor on) an Administrative Offence for Consideration of a Case Concerning an Administrative Offence
 1. A record of (a decision of a prosecutor on) an administrative offence shall be forwarded to the judge, body, or official, authorized to try the case concerning the administrative offence, within 24 hours as of the moment of drawing up the record of (drawing up the decision on) the administrative offence.
 2. A record (a decision of a prosecutor on) an administrative offence which entails an administrative arrest shall be delivered to a judge for consideration immediately after drawing it up (issuing it).
 3. Where a record of an administrative offence is drawn up by an incompetent person, as well as in other instances provided for by Item 4 of Part 1 of Article 29.4 of this Code, drawbacks of the record and of other materials of the case concerning the administrative offence shall be eliminated within a three-day term at most, as of the date of their receipt from the judge, body, or official trying the case concerning the administrative offence. Materials of the case, concerning the administrative offence, with amendments and additions introduced thereto shall be returned to said judge, body or official within 24 hours as of the date of eliminating relevant drawbacks.

Article 28.9. Terminating Proceedings in a Case Concerning an Administrative Offence Prior to Transferring the Case for Consideration


 In the presence of at least one of the circumstances enumerated in Article 24.5 of this Code, a body or official trying a case concerning an administrative offence, shall issue a decision to terminate proceedings on the case concerning the administrative offence subject to the requirements provided for by Article 29.10 of this Code.

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