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 29. Trying a Case Concerning an Administrative Offence


Article 29.1. Preparation for Trying a Case Concerning an Administrative Offence


 A judge, body, or official, when preparing for consideration of a case concerning an administrative offence, shall clarify the following issues:
  1)  whether consideration of this case is within the scope of their jurisdiction;
  2)  whether there are circumstances precluding the possibility of trying this case by the judge, member of the collegiate body, or official;
  3)  whether a record of an administrative offence and other records provided for by this Code, are drawn up correctly, as well as whether other materials of the case are formalized in the correct way;
  4)  whether there are circumstances precluding proceedings on the case;
  5)  whether the materials of the case are sufficient for considering it on its merits;
  6)  whether there are petitions and challenges.

Article 29.2. Circumstances Precluding the Possibility of Trying a Case Concerning an Administrative Offence by a Judge, Member of a Collegiate Body, or Official


 A judge, member of a collegiate body, or official, which has received a case concerning an administrative offence, may not try this case, when this person:
  1)  is a relative of the individual, who is put on trial in connection with the administrative offence, of the victim, of a lawful representative of a natural person or a legal entity, of a defense counsel or of a representative;
  2)  is personally, directly or indirectly interested in the outcome of the case.

Article 29.3. Self-Rejection and Challenge of a Judge, Member of a Collegiate Body, or Official


 1. In the presence of the circumstances provided for by Article 29.2 of this Code, a judge, or member of a collegiate body, or an official shall be obliged to announce self-rejection. An application for self-rejection shall be filed to the chairman of an appropriate court, or to the head of the collegiate body, or to the superior official.
 2. In the presence of the circumstances, provided for by Article 29.2 of this Code, the person who is put on trial in connection with a case concerning an administrative offence, a victim, a lawful representative of a natural person or of a legal entity, a defense counsel, a representative, a prosecutor shall be empowered to challenge the judge, member of a collegiate body, or official.
 3. An application for challenge thereof shall be considered by the judge, body, or official trying the case concerning an administrative offence.
 4. A ruling, concerning satisfaction of an application for self- rejection or for challenging a judge, member of a collegiate body, or official, as well as concerning the refusal to allow it, shall be issued on the basis of the results of considering such applications.

Article 29.4. A Ruling or a Decision Issued, When Preparing for Consideration of a Case Concerning an Administrative Offence


 1. When preparing for consideration of a case concerning an administrative offence, the following questions shall be settled, in respect of which a ruling shall issued, where necessary:
  1)  about fixing the time and place for trying the case;
  2)  about summoning the persons indicated in Articles from 25.1 to 25.10 of this Code, about demanding necessary additional materials on the case, about ordering an expert examination;
  3)  about postponing consideration of the case;
  4)  about return of the record of the administrative offence and of other materials of the case to the body or officials that drew up the protocol, when the record has been drawn up and other materials of the case have been formalized by incompetent persons, or when the record of the administrative offence has been drawn up incorrectly and other materials of the case have been formalized in the wrong way, or in the event of incompleteness of submitted materials which cannot be completed during consideration of the case;
  5)  about transfer of a record of an administrative offence and of other materials of the case for consideration in compliance with jurisdiction thereof, if trying the case is not within the scope of jurisdiction of the judge, body, or official which has received the record of the administrative offence and other materials of the case for consideration, or if a ruling to challenge a judge, or the composition of a collegiate body, or an official has been issued.
 2. In the presence of the circumstances, provided for by Article 24.5 of this Code, a decision to terminate proceedings on a case concerning an administrative offence shall be issued.
 3. Where consideration of a case concerning an administrative offence has been postponed in connection with failure of the persons, indicated in Part 1 of Article 27.15 of this Code, to appear without good reasons and the absence thereof impedes the comprehensive, full, unbiased and timely clarification of the circumstances of the case and disposition thereof in compliance with law, the judge, body, or official trying the case, shall issue a ruling to bring said persons by force.
 Article 29.5.Place of Trying a Case Concerning an Administrative Offence
 1. A case concerning an administrative offence shall be tried at the place of commission thereof. A case concerning an administrative offence may be tried at the place of residence of the person, who is put on trial in connection with this case, on the application of this person.
 2. A case concerning an administrative offence, in respect of which an administrative investigation has been conducted, shall be tried at the location of the body which conducted the administrative investigation.
 3. Cases concerning administrative offences of minors, as well as concerning the administrative offences provided for by Articles 5.33, 5.34, 6.10 and 20.22 of this Code, shall be tried at the place of residence of the person who is put on trial in connection with a case concerning such administrative offence.
 4. A case concerning an administrative offence, which entails the deprivation of the right to drive a transport vehicle, may be tried at the place of registration of this transport vehicle.
 Article 29.6.Terms for Trying a Case Concerning an Administrative Offence
 1. A case concerning an administrative case shall be tried within a fifteen-day term as of the date of receipt by the judge, body, or official authorized to try the case, of the record of the administrative offence and of other materials of the case .
 2. Where there are petitions of participants of proceedings in a case concerning an administrative offence or where it is necessary to additionally clarify the circumstances of the case, the term for trying the case may be extended by the judge, body, or official, trying the case, but for one month at most. The judge, body, or official trying the case shall issue a reasoned ruling to extend said term.
 3. A case concerning an administrative offence, the commission of which shall entail administrative arrest, shall be tried on the date of receipt of a record of the administrative offence and of other materials of the case, and a case in respect of a person subjected to administrative detention, shall be tried in 48 hours at most, as of the moment of detention thereof.

Article 29.7. The Procedure for Trying a Case Concerning an Administrative Offence


 1. When considering a case concerning an administrative offence:
  1)  it shall be announced, who is trying the case, which case is subject to consideration, who and under what law is held administratively responsible;
  2)  there shall be established the fact of appearance of the natural person, or of a lawful representative of the natural person, or of a lawful representative of the legal entity which are put on trial in connection with the case concerning the administrative offence, as well as of other persons participating in proceedings in the case;
  3)  powers of lawful representatives of the natural person or the legal entity, of the defense counsel and of the representative shall be verified;
  4)  it shall be ascertained whether participants of proceedings in the case have been notified in the established procedure, and the reasons for failure of other participants in proceedings to appear shall be clarified and a decision to try the case in the absence of said persons or to postpone consideration thereof shall be taken;
  5)  the rights and duties of the persons participating in proceedings in the case shall be explained to them;
  6)  objections made and petitions filed shall be considered;
  7)  a ruling to postpone the consideration of a case shall be issued in the event of:
 a) receiving an application for self-rejection of, or for challenging, the judge, a member of the collegiate body, or the official trying the case, where challenge thereof impedes the consideration of the case on its merits;
 b) challenging a specialist, an expert or a translator, where said challenge impedes the consideration of the case on its merits;
 c) necessity for the person, participating in proceedings on the case, to appear, or necessity of demanding additional materials in respect of the case and for ordering an expert examination;
  8)  a ruling to bring by force a person, whose presence during the consideration of the case is regarded as obligatory, shall be issued pursuant to Part 3 of Article 29.4 of this Code;
  9)  a ruling to transfer the case for consideration in compliance with the jurisdiction thereof shall be issued pursuant to Article 29.5 of this Code.
 2. If proceedings in a case concerning an administrative offence continue, a record of the administrative offence and, where necessary, other materials of the case shall be announced. Explanations of the natural person or of a lawful representative of the legal entity, which is put on trial in connection with the case concerning the administrative offence, testimonies of other persons participating in proceedings in the case, explanations of a specialist and a report of an expert shall be heard, other evidence shall be examined and an opinion of a prosecutor shall be heard, if he participates in the proceedings on the case.
 3.Where necessary, other procedural actions shall be undertaken in compliance with this Code.

Article 29.8. A Record of Proceedings in a Case Concerning an Administrative Offence


 1. A record of proceedings in a case concerning an administrative offence shall be drawn up, where the case is tried by a collegiate body.
 2. In a record of proceedings on a case concerning an administrative offence the following shall be indicated:
  1)  the date and place of trying the case;
  2)  the name and composition of the collegiate body trying the case;
  3)  an occurrence of the administrative offence under consideration;
  4)  data about the appearance of the persons participating in proceedings in the case and about notifying those who are absent in the established procedure;
  5)  challenges, petitions and the results of considering them;
  6)  explanations, testimonies, explanations and opinions of appropriate persons participating in proceedings in the case;
  7)  documents which have been examined, while trying the case.
 3. A record of proceedings in a case concerning an administrative offence shall be signed by the chairman and the secretary of a session of the collegiate body.

Article 29.9. Types of Decisions and Rulings in Respect of a Case Concerning an Administrative Offence


 1. On the basis of the results of trying a case concerning an administrative offence there may be rendered a decision:
  1)  to impose an administrative penalty;
  2)  to terminate proceedings in a case concerning an administrative offence;
 A decision to terminate proceedings in a case concerning an administrative offence shall be issued in the event of:
  1)  the presence of at least one of the circumstances, precluding proceedings of the case, which are provided for by Article 24.5 of this Code;
  2)  pronouncing an oral reprimand in compliance with Article 2.9 of this Code;
  3)  terminating proceedings in the case and delivering the materials thereof to a prosecutor, to a preliminary investigation body or to an inquiry body, where actions (omissions) have the indicia of a crime.
 2. On the basis of the results of trying a case concerning an administrative offence a ruling shall be issued:
  1)  to deliver the case to the judge, body, or official authorized to impose administrative penalties of other types or amounts, or to take other measures in compliance with the laws of the Russian Federation;
  2)  to transfer the case for consideration in compliance with the jurisdiction thereof, if it has been clarified that trying this case is not within the jurisdiction of the judge, body, or official which has considered it.

Article 29.10. A Decision with Regard to a Case Concerning an Administrative Offence


 1. In a decision with regard to a case concerning an administrative offence the following should be indicated:
  1)  the office, family name, first name and patronymic of the judge or of the official, the name and composition of the collegiate body which issued the decision;
  2)  the date and place of considering the case;
  3)  data about the person who has been put on trial in connection the case;
  4)  circumstances established during consideration of the case;
  5)  the article of this Code or of a law of a subject of the Russian Federation which provides for administrative liability for committing the administrative offence, or the reasons for terminating proceedings on the case;
  6)  a reasoned exposition of the case;
  7)  the term and procedure for appealing against the decision.
 2. Where a judge is to impose an administrative penalty simultaneously with settling the question of reimbursement for property damage, in a decision with regard to a case concerning an administrative offence the amount of damage subject to reimbursement and the terms and procedure therefor shall be indicated.
 3. A decision with regard to a case concerning an administrative offence should settle the questions in respect of the articles and documents which have been seized, as well as in respect of articles which have been placed under arrest, if an administrative penalty in the form of confiscation or compensated seizure has not been imposed and may not be imposed in respect of them. In so doing:
  1)  articles and documents, which are not withdrawn from circulation, shall be subject to return to the lawful owner thereof or shall be transferred to state ownership in compliance with the laws of the Russian Federation, when the owner thereof is not established;
  2)  articles and documents withdrawn from circulation shall be subject to transfer to appropriate organisations, or to destruction;
  3)  documents being material evidence shall remain in the case file for the whole term of keeping the case file or shall be transferred to persons concerned;
  4)  seized orders, medals and badges of honorary titles of the Russian Federation, the RSFSR and the USSR shall be subject to return to lawful owners thereof, or shall be delivered to the Administration of the President of the Russian Federation, when the owner thereof is not known.
 4. A decision with regard to a case concerning an administrative offence, issued by a collegiate body, shall be adopted by a simple majority of votes cast by the members of the collegiate body who are present at the session thereof.
 5. A decision with regard to a case concerning an administrative offence shall be signed by the judge presiding over the session of the collegiate body, or by the official who issued the decision.

Article 29.11. Announcement of a Decision with Regard to a Case Concerning an Administrative Offence


 1. A decision with regard to a case concerning an administrative offence shall be announced immediately after termination of consideration of the case.
 2. A copy of a decision with regard to a case concerning an administrative offence shall be handed in against a receipt to the natural person or to a lawful representative of the natural person, or lawful representative of the legal entity, in respect of which it has been issued, as well as to the victim at the request thereof, or shall be sent to said persons within three days as of the date of issuing said decision.
 3. For the cases concerning the administrative offences provided for by Articles 20.8, 20.9 and 20.12 of this Code, a copy of a decision to impose a penalty on a person, to whom firearms and ammunition (cartridges) thereto have been committed in connection with discharge of their official duties or have been transferred by an organisation for temporary use, shall be sent to the appropriate organisation.

Article 29.12. A Ruling with Regard to a Case Concerning an Administrative Offence


 1. In a ruling with regard to a case concerning an administrative offence there the following shall be indicated:
 1)office, family name and initials of the judge and the official, the name and composition of the collegiate body, which issued the ruling;
  2)  date and place of considering an application, petition and materials of the case;
  3)  data about the person, who has filed an application or petition, or in respect of whom the materials of the case have been considered;
  4)  the contents of an application or petition;
  5)  the circumstances established while considering an application, petition or materials of the case;
  6)  a decision taken on the basis of the results of considering the application, decision and materials of the case.
 2. A ruling with regard to a case, concerning an administrative offence, which has been issued by a collegiate body, shall be adopted by a simple majority of votes of the members of the collegiate body present at the session thereof.
 3. A ruling with regard to a case concerning an administrative offence shall be signed by the judge presiding over the session of the collegiate body, or by the official who issued the ruling.

Article 29.13. A Statement in Respect of the Elimination of Reasons and Conditions Conducive to the Commission of an Administrative Offence


 1. A judge, or a body, or an official trying a case concerning an administrative offence, in the event of finding reasons and conditions conducive to the commission of the administrative offence, shall submit to appropriate organisations and officials a statement in respect of taking measures to eliminate said reasons and conditions.
 2. The organisations and officials shall be obliged to consider a statement on eliminating reasons and conditions conducive to the commission of an administrative offence within a month, as of the date of receipt thereof, and to inform the judge, body, or officials who issued the statement, about measures taken.

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