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 30. Review of Decisions with Regard to Cases Concerning Administrative Offences


Article 30.1. Right to Appeal against a Decision in a Case Concerning an Administrative Offence


 1. The persons, specified in Articles from 25.1 to 25.5 of this Code, may appeal against a decision in a case concerning an administrative offence:
  1)  to a superior court, when it is rendered by a judge;
  2)  to a district court at the location of a collegiate body, when it is issued by a collegiate body;
  3)  to a superior body, a superior official or a district court at the place of trying the case, when it is issued by an official;
  4)  to a district court at the place of trying the case, when it is issued by any other body established in compliance with a law of a subject of the Russian Federation.
 2. When an appeal against a decision in a case concerning an administrative offence was received at a court, superior body, or by a superior official, the appeal shall be considered by a court.
 On the basis of the results of considering the appeal a decision shall be issued in this respect.
 3. A decision in a case concerning an administrative offence, committed by a legal entity or by a person engaged in business activity without forming a legal entity, shall be appealed to an arbitration court in compliance with the laws on arbitration procedure.
 4. A ruling to refuse the initiation of proceedings in a case concerning an administrative offence shall be appealed against in compliance with the rules established by this Chapter.

Article 30.2. The Procedure for Filing an Appeal against a Decision with Regard to a Case Concerning an Administrative Offence


 1. An appeal against a decision with regard to a case concerning an administrative offence shall be filed to a judge, body, or official which issued the decision with regard to the case and which shall be obliged within three days, as of the date of receipt of the appeal, to send it together with all the materials of the case to the appropriate court, superior body or superior official.
 2. An appeal against a decision of a judge to impose an administrative penalty in the form of administrative arrest shall be subject to submission to a superior court on the day of the appeal's receipt.
 3. An appeal may be submitted directly to the court, or to the superior body, or to the superior official which is authorized to consider it.
 4. Where consideration of an appeal does not fall within the jurisdiction of the judge or of the official, with whom a decision with regard to a case concerning an administrative offence has been appealed, the appeal shall be submitted for consideration in compliance with the jurisdiction thereof within three days.
 5. An appeal against a decision with regard to a case concerning an administrative offence shall be exempted from state duty.

Article 30.3. Term for Appealing against a Decision with Regard to a Case Concerning an Administrative Offence


 1. An appeal against a decision with regard to a case concerning an administrative offence may be submitted within ten days, as of the date of delivery or receipt of a copy of the decision.
 2. In the event of missing the term provided for by Part 1 of this Article, said term, on the petition of the person who has filed the appeal, may be restored by the judge or by the official authorized to consider the appeal.
 3. A ruling shall be issued in the case of the rejection of a petition for restoration of the term for appeal against a decision with regard to a case concerning an administrative offence.

Article 30.4. Preparing for Consideration of an Appeal against a Decision with Regard to a Case Concerning an Administrative Offence


 When preparing for consideration of an appeal against a decision with regard to a case concerning an administrative offence, a judge or an official shall do the following:
  1)  shall clarify, whether there are circumstances precluding the possibility of considering the appeal by this judge or official, as well as whether there are circumstances precluding proceedings on the case;
  2)  shall allow petitions, order an expert examination, where necessary, demand and obtain additional materials, summon the persons whose participation in consideration of the appeal is regarded as necessary;
  3)  shall submit the appeal together with all the materials of the case for consideration in compliance with its jurisdiction, when consideration thereof does not fall within the jurisdiction of this judge or official.

Article 30.5. Terms for Considering an Appeal against a Decision with Regard to a Case Concerning an Administrative Offence


 1. An appeal against a decision with regard to a case concerning an administrative offence shall be subject to consideration within a ten-day term, as of the date of receipt thereof with all the materials of the case at the court, body, or by the official, which is authorized to consider the appeal.
 2. An appeal against a decision about an administrative arrest shall be subject to consideration within 24 hours, as of the moment of filing the appeal, if the person, brought to administrative responsibility, is under administrative arrest.

Article 30.6. Considering an Appeal against a Decision with Regard to a Case Concerning an Administrative Offence


 1. An appeal against a decision with regard to a case concerning an administrative offence shall be considered by a single judge or official.
 2. When considering an appeal against a decision with regard to a case concerning an administrative offence:
  1)  it shall be announced who is considering the appeal, what appeal is subject to consideration, and who has filed the appeal;
  2)  the appearance of the natural person, of a lawful representative of the natural person, or of a lawful representative of the legal entity, in respect of which a decision with regard to the case has been issued, as well as the appearance of the persons, who have been summoned for participation in the consideration thereof, shall be ascertained;
  3)  the powers of lawful representatives of the natural person or of the legal entity, of a defense counsel and a representative shall be verified;
  4)  the reasons for failure of participants of proceedings in the case to appear shall be clarified, and a decision shall be taken to consider the appeal in the absence of said persons or to postpone consideration thereof;
  5)  the rights and duties of the persons, participating in the consideration of the appeal, shall be explained;
  6)  decisions regarding challenges and petitions made shall be taken;
  7)  the appeal against the decision with regard to the case concerning the administrative offence shall be announced;
  8)  the lawfulness and substantiation of the decision issued shall be verified on the basis of the materials of the case, including those additionally submitted, in particular, explanations of the natural person or of a legal representative of the legal entity, in respect of which the decision with regard to the case concerning the administrative offence, has been issued shall be heard; where necessary, testimonies of other persons participating in the consideration of the case, explanations of a specialist and an opinion of an expert shall be heard, other evidence shall be examined and other procedural actions shall be committed, in compliance with this Code;
  9)  if a prosecutor participates in the consideration of the case, his opinion shall be heard.
 3. The judge and the superior official shall not be bound by the arguments of the appeal and shall verify the case in full.

Article 30.7. A Determination in Respect of an Appeal against a Decision with Regard to a Case Concerning an Administrative Offence


 1. On the basis of the results of considering an appeal against a decision with regard to a case concerning an administrative offence one of the following determinations shall be issued:
  1)  to leave the decision unchanged and not to satisfy the appeal;
  2)  to modify the decision, if it does not aggravate an administrative penalty and does not deteriorate in some other way the position of the person, in respect of whom the decision has been rendered;
  3)  to reverse the decision and to terminate proceedings on the case in the presence of at least one of the circumstances provided for by Articles 2.9 and 24.5 of this Code, as well as when the circumstances, which have served as a basis for rendering the decision, are not proved;
  4)  to reverse the decision and to return the case for a new trial to the judge, body, or official authorized to try the case, where there are considerable failures to meet the procedural requirements provided for by this Code, if they have impeded the comprehensive, full and unbiased consideration of the case, as well as in connection with the necessity to enforce a law on an administrative offence that entails the imposition of a stricter penalty, if the victim has appealed against the mildness of the imposed administrative penalty;
  5)  to reverse the decision and to direct it for consideration in compliance with jurisdiction thereof, if it was established during consideration of the appeal that the decision had been rendered by a judge, body, or official which is not authorized to do so.
 2. A determination, taken on the basis of the results of considering an appeal against a decision with regard to a case concerning an administrative offence, should contain the data provided for by Part 1 of Article 29.10 of 3 this Code.
 3. Where it has been clarified during consideration of an appeal against a decision concerning an administrative offence that consideration thereof does not fall within the jurisdiction of the given judge or given official, a ruling shall be issued to transfer the appeal for consideration in compliance with the jurisdiction thereof.

Article 30.8. Announcement of a Determination Rendered in Respect of an Appeal against a Decision in a Case Concerning an Administrative Offence


 1. A determination in respect of an appeal against a decision in a case concerning an administrative offence shall be announced immediately after its rendering.
 2. A copy of a determination in respect of an appeal against a decision in a case concerning an administrative offence, shall within three days of its rendering, be handed in or sent to the natural person or to a lawful representative of the legal entity, in respect of which the decision with regard to the case has been rendered, as well as to the victim, if the victim has lodged the appeal, or to a prosecutor at his request.
 3. A determination in respect of an appeal against a decision about administrative arrest shall be brought to the knowledge of the body or the official which is to carry out the decision, as well as to the knowledge of the person, in respect of whom the determination has been rendered, and of the victim, on the day of rendering it.

Article 30.9. Review of a Determination in Respect of an Appeal against a Decision in a Case Concerning an Administrative Offence


 1. A decision with regard to a case concerning an administrative offence, rendered by an official, and (or) a determination of a superior official in respect of an appeal against this decision may be appealed at a court at the place of considering the appeal and then at a superior court.
 2. A decision with regard to a case concerning an administrative offence, which has been rendered by a collegiate body or by a body established in compliance with a law of a subject of the Russian Federation and (or) a determination of a judge in respect of an appeal against this decision, may be appealed at a superior court.
 3. Submission of further appeals against a decision with regard to a case concerning an administrative offence and (or) against a determination in respect of an appeal against this decision, as well as consideration and settlement thereof, shall be carried out in the procedure and within the terms established by Articles from 30.2 to 30.8 of this Code.
 4. Copies of decisions shall be directed to the persons indicated in Article 30.8 of this Code within a three-day term as of the date of rendering the decisions.

Article 30.10. Lodging a Protest against an Ineffective Decision in a Case Concerning an Administrative Offence and against Further Decisions


 1. A prosecutor, in the procedure and within the terms, established by Articles from 30.1 to 30.3 of this Code, may protest against an ineffective decision with regard to a case concerning an administrative offence and (or) against further decisions of superior instances in respect of appeals against this decision.
 2. A protest of a prosecutor against a decision with regard to a case concerning an administrative offence and (or) against further decisions in respect of appeals against this decision shall be considered in the procedure and within the terms established by Articles from 30.4 to 30.8 of this Code.
 3. A copy of a determination in respect of a protest of a prosecutor against a decision in a case concerning an administrative offence shall be directed to the prosecutor who lodged the protest, and to the persons, indicated in Articles from 25.1 to 25.5 of this Code, within a three-day term after rendering it.

Article 30.11. Review of an Effective Decision in a Case Concerning an Administrative Offence and Decisions Based on the Results of Considering Appeals and Protests


 1. A prosecutor may lodge a protest against an effective decision with regard to a case concerning an administrative offence and decisions based on the results of considering appeals and protests.
 2. Prosecutors of the subjects of the Russian Federation and their deputies, the Procurator-General of the Russian Federation and his deputies shall be vested with the right to lodge a protest against an effective decision with regard to a case concerning an administrative offence and a determination based on the results of considering an appeal or a protest.
 3. Chairmen of supreme courts of republics, of territorial and regional courts, of the Moscow and Saint-Petersburg courts, of courts of autonomous regions and autonomous areas and their deputies, the Chairman of the Supreme Court of the Russian Federation and his deputies shall be authorized to review an effective decision with regard to a case concerning an administrative offence and determinations based on the results of considering appeals and protests.
 4. An effective decision with regard to a case concerning an administrative offence and determinations based on the results of considering appeals may be reviewed in the exercise of supervisory powers by the Higher Arbitration Court of the Russian Federation in compliance with the laws of arbitration procedure.

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