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 32. Procedure for Executing Individual Types of Administrative Penalties


Article 32.1. Executing a Decision to Impose an Administrative Penalty in the Form of a Warning


 A decision to impose an administrative penalty in the form of a warning shall be executed by the judge, or the body, or the official, which has rendered the decision, by way of handing in or sending a copy of the decision in compliance with Article 29.11 of this Code.

Article 32.2. Executing a Decision to Impose an Administrative Fine


 1. An administrative fine shall be paid by the person, held administratively responsible, in thirty days at the latest, as of the date of entry of the decision to impose the administrative fine into legal force, or as of the date of expiry of the term of stay of or the term of spreading execution thereof provided for by Article 31.5 of this Code.
 2. Where a minor does not earn his living independently, an administrative fine shall be recovered from parents and other legal representatives thereof.
 3. The amount of an administrative fine shall be brought in or transferred by the person, who has been held administratively responsible, to a bank or to other credit organisation, safe for the events provided for by Part 1 of Article 32.3 of this Code.
 4. The person brought to administrative responsibility shall send the copy of the document certifying payment of the administrative fine to the judge, authority, official who has made the decision.
 5. In the absence of the document certifying payment of the administrative fine, upon expiration of thirty days from the time-limit specified in the first part of this Article, the judge, authority official who have made the decision shall send the respective materials to the court bailiff for collection of the amount of the administrative fine in the procedure stipulated by the federal legislation. Moreover, the judge, authority, official who have made the decision shall adopt the decision on bringing the person who has failed to pay the administrative fine to administrative responsibility in accordance with the first part of Article 20.25.
 6. abolished.
 7. abolished.

Article 32.3. Executing a Decision to Impose an Administrative Fine Recovered on the Scene of Committing an Administrative Offence


 1. Where an administrative fine is recovered on the scene of a natural person committing an administrative offence, such person shall be given a decision-receipt of due form. In the decision-receipt there shall be indicated the date of issuing thereof, the office, family name and initials of the official, who has inflicted the administrative penalty, data about the person who has been held administratively responsible, the article of this Code or of the appropriate law of a subject of the Russian Federation, providing for administrative responsibility for this offence, the time and scene of committing the administrative offence and the amount of the administrative fine recovered.
 2. A decision-receipt shall be drawn up in two copies and shall be signed by the official who has inflicted the administrative penalty, as well as by the person held administratively responsible.
 3. Where a natural person has not paid an administrative fine on the scene of committing an administrative offence, proceedings on the case concerning the administrative offence shall be carried out in the procedure established by this Code.

Article 32.4. Executing a Decision about a Payable Seizure or Confiscation of the Item which Is the Instrument of Committing, or the Subject of, an Administrative Offence


 1. The decision of a judge on a compensated seizure or confiscation of the item that is the instrument of committing, or the subject of, an administrative offence shall be executed by a bailiff in the procedure provided for by federal laws; a decision on a compensated seizure or confiscation of weapons and ammunition shall be executed by internal affairs bodies.
 2. Sale of the items, which are instruments of committing, or subjects of, an administrative offence seized or confiscated on a compensated basis, shall be effected in the procedure established by the Government of the Russian Federation.
 3. Confiscated copies of works of art and phonograms, the materials and equipment used for reproducing thereof, and other instruments of committing an administrative offence, provided for by Part 1 of Article 7.12 of this Code, shall be subject to destruction, safe for cases of their transfer to holders of copyright and similar rights at their request.

Article 32.5. Bodies Responsible for Executing a Decision to Deprive of a Special Right


 1. A decision of a judge to deprive someone of the right to drive a transport vehicle, safe for a tractor, a self-propelled machine or other types of machinery, shall be executed by officials of internal affairs bodies.
 2. A decision of a judge to deprive someone of the right to drive a tractor, a self-propelled machine or other types of machinery shall be executed by officials of the bodies exercising state supervision over the technical condition of tractors, self-propelled machines and other types of machinery.
 3. A decision to deprive someone of the right to navigate a vessel (including a small boat) shall be executed by officials of the bodies exercising state supervision over observance of the rules of using these vessels (including small boats).
 4. A decision of a judge to deprive someone of the right to operate radio electronic and high frequency devices shall be executed by officials of the bodies exercising state supervision over communication.
 5. A decision of a judge to deprive someone of the right of taking game shall be executed by officials of the bodies exercising state supervision over observance of hunting regulations.

Article 32.6. Procedure for Executing a Decision to Deprive of a Special Right


 1. A decision to deprive someone of the right to drive a transport vehicle of appropriate type or other types of machinery shall be executed by way of seizing correspondingly a driving license, a license for navigation of vessels (including small boats) or a license as a tractor driver-operator (of a tractor driver), if the driver, the navigator or the tractor driver-operator (tractor driver) is deprived of the right to drive all types of transport vehicles, vessels (including small boats) and other machinery.
 2. A decision to deprive someone of the right to operate radio electronic and high frequency devices shall be executed by way of seizing a special permit to operate radio electronic means or high frequency devices. A procedure for seizing a special permit to operate radio electronic or high frequency devices shall be established by the federal executive body exercising state supervision over communications in the Russian Federation.
 3. A decision to deprive someone of the right of taking game shall be executed by way of seizing a hunter's card.
 4. Upon the expiry of the term of deprivation of a special right the documents seized from the person subjected to an administrative penalty of this type shall be returned to him.

Article 32.7. Calculating the Term of Deprivation of a Special Right


 1. The term of deprivation of a special right shall start from of the date of entry into legal force of a decision to impose an administrative penalty in the form of deprivation of the appropriate special right.
 2. When a person, deprived of a special right, evades the delivery of an appropriate certificate (a special permit) or of other documents, the term of deprivation of the special right shall be interrupted. The term of deprivation of a special right shall start from the date of delivery by this person, or from the date of seizure from him, of an appropriate certificate (a special permit) or other documents.
 3. Term of deprivation of a special right in the event of imposing upon the person, deprived of the special right, an administrative penalty in the form of deprivation of the same special right, shall start from the day following the date of termination of the term of a previously imposed administrative penalty.

Article 32.8. Executing a Decision on Administrative Arrest


 1. A decision of a judge on administrative arrest shall be executed by internal affairs bodies immediately after the rendering of such a decision.
 2. The person subjected to administrative arrest shall be kept in custody at the place determined by internal affairs bodies. When executing a decision on dministrative arrest, a personal examination of the individual, subjected to administrative arrest, shall be made.
 3. The term of administrative detention shall be included into the term of an administrative arrest.
 4. Serving an administrative arrest shall be carried out in the procedure established by the Government of the Russian Federation.

Article 32.9. Executing a Decision on Administrative Deportation from the Russian Federation of Foreign Citizens and Stateless Persons


 A decision about the administrative deportation from the Russian Federation of foreign citizens and stateless persons shall be executed:
  1)  by border guard agencies and frontier troops - when committing the administrative offences provided for by Part 2 of Article 18.1 and by Part 2 of Article 18.4 of this Code;
  2)  by internal affairs bodies - when committing the administrative offences provided for by Article 18.8, Part 2 of Article 18.10 and by Article 18.11 of this Code.

Article 32.10. Procedure for Executing a Decision on Administrative Deportation from the Russian Federation of Foreign Citizens or Stateless Persons


 1. A decision on administrative deportation from the Russian Federation of a foreign citizen or a stateless person shall be executed by way of an official transfer of the foreign citizen or of the stateless person to a public officer of the foreign state to the territory of which said person is deported, or by way of a controllable independent exit of the person, subject to administrative deportation, from the Russian Federation.
 2. Where administrative deportation is provided for by an international treaty of the Russian Federation with a foreign state, authorities of the foreign state, to the territory of which or across the territory of which a foreign citizen or a stateless person is deported, shall be notified about the administrative deportation of said person from a checkpoint at the State Border of the Russian Federation.
 3. Where a transfer of the person, subject to administrative deportation from the Russian Federation, to a public officer of a foreign state is not provided for by an international treaty of the Russian Federation with said state, the administrative deportation of the person shall be carried out at the place determined by border guard agencies.
 4. Execution of a decision on administrative deportation from the Russian Federation of a foreign citizen or a stateless person shall be formalized as a bilateral or unilateral act attached to the decision thereof.
 5. Prior to administrative deportation from the Russian Federation, a foreign citizen or a stateless person may be held by a court decision at the special premises provided for by Article 27.6 of this Code.

Article 32.11. Executing a Decision on Disqualification


 1. A decision on disqualification may be executed immediately by the person, held administratively responsible, by terminating management of a legal entity.
 2. A decision on disqualification shall be executed by terminating the agreement (contract) with a disqualified person which provides for his management of a legal entity.
 When making an agreement (contract) which provides for management of a legal entity, the person, authorized to make the agreement (contract), shall be obliged to request the body, keeping a register of disqualified persons, for information about the disqualification of the natural person.
 3. Forming and keeping a register of disqualified persons shall be carried out by the body authorized by the Government of the Russian Federation.
 Information, contained in a register of disqualified persons, shall be public. Persons concerned shall be entitled to obtain information from a register of disqualified persons on a payable basis in the form of extracts regarding specific disqualified persons. The procedure for forming and keeping a register of disqualified persons, as well as the amount of payment for providing information from the register thereof, shall be determined by the Government of the Russian Federation.
 4. A copy of an effective decision on disqualification shall be sent by the court that rendered it to the body authorized by the Government of the Russian Federation, or to a territorial agency of this body.

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