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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 V
Chapter 31
General Provisions
Chapter 32
Procedure for Executing Individual Types of Administrative Penalties

Chapter 31. General Provisions



 Article 31.1 Entry into Legal Force of a Decision in a Case Concerning an Administrative Offence
 A decision with regard to a case concerning an administrative offence shall enter into legal force:
  1)  upon the expiry of the term established for appealing against a decision in a case concerning an administrative offence, if an appeal or a protest has not been lodged against said decision;
  2)  upon the expiry of the term established for appealing against a determination in respect of an appeal or a protest, if an appeal or a protest has not been lodged against said determination, except for the instances when the determination reverses the decision rendered;
  3)  immediately after rendering a determination without appeal in respect of an appeal or a protest, except for the cases when the determination reverses the decision rendered.
 Article 31.2 Binding Character of a Decision in a Case Concerning an Administrative Offence
 1. A decision in a case concerning an administrative offence shall be binding for execution by all state bodies, bodies of local self-government, officials and their associations, and by legal entities.
 2. A decision with regard to a case concerning an administrative offence shall be subject to execution, as of the moment of entry thereof into legal force.

Article 31.3. Enforcing the Execution of a Decision with Regard to a Case Concerning an Administrative Offence


 1. The judge, body, or official, which rendered a decision with regard to a case concerning an administrative offence, shall enforce the execution of the decision.
 2. In the event of considering an appeal or a protest against a decision in a case concerning an administrative offence and (or) against a further determination in respect of the appeal or protest, the effective decision with regard to the case concerning the administrative offence shall be sent to the judge, body, or official, which are authorized to enforce the execution thereof, within three days, as of the date of entry thereof into legal force.
 3. Whern an appeal or a protest against a decision with regard to a case concerning an administrative offence has not been lodged within the established term, it shall be directed to the body or to the official authorized to enforce the execution thereof within three days as of the date of its entry into legal force; as for considering an appeal or a protest, it shall be done within three days as of the date of receipt of a determination in respect of the appeal or of the protest from the court or from the official which rendered the determination.

Article 31.4. Execution of a Decision in a Case Concerning an Administrative Offence


 1. A decision in a case concerning an administrative offence shall be executed by the body or official authorized to do so, in the procedure established by this Code and by other federal laws, as well as by decisions of the Government of the Russian Federation taken in compliance with them.
 2. In the event of rendering several decisions to impose an administrative penalty in respect of one and the same person, each decision shall be carried out independently.

Article 31.5. Stay and Spreading of Execution of a Decision to Impose an Administrative Penalty


 1. In the presence of circumstances making it impossible to execute a decision providing for imposition of an administrative penalty in the form of administrative arrest, for deprivation of a special right or for an administrative fine (safe for recovering an administrative fine on the scene of committing an administrative offence) within an established term, the judge, body, or official, who rendered the decision, may postpone execution thereof for a term of up to one month.
 2. Taking into account the financial status of the person held administratively responsible, the judge, body, or official, which rendered the decision, may spread payment of an administrative fine over a term of up to three months.

Article 31.6. Suspending Execution of a Decision to Impose an Administrative Penalty


 1. The judge, body, or official, which rendered a decision to impose an administrative penalty, shall suspend execution thereof, if a protest against an effective decision in a case concerning an administrative offence has been made, pending consideration of the protest. A ruling on suspension of execution of the decision shall be issued, which shall be immediately directed to the body or to the official responsible for executing this ruling.
 2. Making a protest against a decision with regard to an administrative arrest shall not suspend execution of this decision.

Article 31.7. Terminating Execution of a Decision to Impose an Administrative Penalty


 A judge, body, or official, which rendered a decision to impose an administrative penalty, shall terminate execution of the decision in the event of:
  1)  issue of an amnesty act, if such act eliminates imposition of the administrative penalty;
  2)  abrogating or invalidating a law or a provision thereof which establishes administrative liability for what has been committed;
  3)  death of the person, who has been held administratively responsible, or declaring him deceased in the procedure established by law;
  4)  expiry of the limitation period for executing a decision to impose an administrative penalty, established by Article 31.9 of this Code;
  5)  reversing the decision.

Article 31.8. Settling Issues Connected with Execution of a Decision to Impose an Administrative Penalty


 1. Issues concerning stay, spreading, suspension or termination of execution of a decision to impose an administrative penalty, as well as a decision to recover an administrative fine, imposed on a minor, from his parents or from other legal representatives thereof, shall be considered by the judge, body, or official, which rendered the decision, with a three-day term as of the date when reasons for settling an appropriate issue arise.
 2. Persons interested in settling the issues, specified in Part 1 of this Article, shall be notified about the place and time for their consideration. At the same time failure of the persons concerned to appear without good reasons shall not impede settlement of appropriate issues.
 3. A decision in respect of the issues concerning delay, spreading and suspension of executing a decision to impose an administrative penalty, as well as a decision to recover an administrative fine, imposed on a minor, from his parents or other legal representatives thereof, shall be issued in the form of a ruling. A copy of the ruling shall be handed against a receipt to the natural person or to a lawful representative of the legal entity, in respect of which it has been rendered, as well as to the victim. In the event of the absence of said persons, a copy of the ruling shall be sent to them within three days as of the date of rendering it, and an appropriate entry thereof shall be made in the case-file.
 4. A determination in respect of terminating execution of a decision to impose an administrative penalty shall be issued in the form of a decision.

Article 31.9. Limitation Period for Executing a Decision to Impose an Administrative Penalty


 1. A decision to impose an administrative penalty shall not be subject to execution, if this decision has not been executed within a year, as of the date of entry thereof into legal force.
 2. The limitation period, provided for by Part 1 of this Article, shall be interrupted, if the person held administratively responsibility, avoids executing a decision to impose an administrative penalty. In this event, calculation of the limitation period shall be renewed, as of the date of detecting said person, as well as items or profits thereof, against which an administrative execution may be levied in compliance with the decision to impose the administrative penalty.
 3. In the event of a stay or suspension of executing a decision to impose an administrative penalty in compliance with Articles 31.5, 31.6 and 31.8 of this Code the limitation period shall be suspended, pending the expiry of the term of stay or suspension of the decision.
 4. In the event of spreading execution of a decision to impose an administrative penalty, the limitation period shall be extended for the term of such spreading.

Article 31.10. Terminating Proceedings Concerning Execution of a Decision to Impose an Administrative Penalty


 1. A decision to impose an administrative penalty, which has been fully executed, shall be returned with a note about execution of the administrative penalty therein by the body or the official, which executed the decision, to the judge, body or official which rendered the decision.
 2. A decision to impose an administrative penalty, which has not been executed or has not been fully executed, shall be returned by the body or official, which executed the decision, to the judge, body, or official, which rendered the decision, in the following cases:
  1)  if the natural person, held administratively responsible, does not reside, work or study, or the legal entity, held administratively responsible, or the property of said persons, against which an administrative execution may be levied, are not located at the address indicated by the judge, body, or official which rendered the decision;
  2)  if the person, held administratively responsible, does not have property or profits, against which an administrative execution may be levied, and measures aimed at detecting the property of such person have proved to be in vain;
  3)  if the limitation period for executing a decision to impose an administrative penalty, provided for by Article 31.9 of this Code, has expired.
 3. In the cases, specified in Items 1 and 2 of Part 2 of this Article, the official executing a decision to impose an administrative penalty, shall draw up an appropriate act to be endorsed by a superior official.
 4. Return of a decision to impose an administrative penalty for the reasons, specified in Items 1 and 2 of Part 2 of this Article, shall not impede a new enforcement of this decision within the term provided for by Article 31.9 of this Code.

Article 31.11. Execution of a Decision to Impose an Administrative Penalty on a Person Who Resides or Is Situated beyond the Boundaries of the Russian Federation and Has No Property on the Territory of the Russian Federation


 Execution of a decision to impose an administrative penalty on a person, who resides or is situated beyond the boundaries of the Russian Federation and has no property on the territory of the Russian Federation, shall be effected in compliance with the laws of the Russian Federation and international treaties of the Russian Federation made with the state, on the territory of which this person resides or is situated, as well as with the state on the territory of which the property of the person held administratively responsible is situated.

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