Witness, Understandable, Expert, expert, translator - Administrative responsibility

9.11.5. Witness

In accordance with Art. 25.6 of the Administrative Code as a witness in the case of an administrative offense may be caused by a person who may be aware of the circumstances of the case to be determined.

Under the circumstances of the case, to be determined, the known witnesses are any factual data on the basis of which the judge, body, official establish the presence or absence of an administrative offense. Any person who, in the opinion of the judge, the body, the official in whose case the case is located, is known to be a witness as a witness.

The victim, understood, summoned for questioning as witnesses, must appear on the time specified in the agenda.

In cases defined by federal law, giving evidence is a right, but not a duty of witnesses. Thus, according to the Federal Law of September 26, 1997, No. 125-FZ "On Freedom of Conscience and on Religious Associations" the clergyman is not obliged to give evidence known to him on confessional circumstances. The witness does not have to testify against himself, his wife and close relatives.

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According to paragraph 2 of Art. 8 of the Federal Law No. 63-Φ3 of May 31, 2002, a lawyer can not be summoned and questioned as a witness about the circumstances that have become known to him in connection with his request for legal aid or in connection with its provision.

The witness is obliged to give truthful testimony: deliberately false testimony of a witness, victim or refusal of these persons to give evidence, entails criminal liability under Part 1 of Art. 307 and art. 308 of the Criminal Code. Refusal or evasion of the witness from the duties provided for by Part 2 of Art. 25.6, are qualified under Art. 17.7 of the Code of Administrative Offenses (willful failure to comply with the requirements of the official conducting the proceedings in the case of an administrative offense); knowingly false testimony of a witness is qualified under Art. 17.9 of the Administrative Code.

9.11.6. Understanding

In cases envisaged by the Code of Administrative Offenses, an official who is in charge of an administrative offense case may be involved as an attorney in any case, who is not interested in the outcome of the case, an adult. The number of witnesses must be at least two.

Presence of attesting witnesses is provided when applying to the person suspected of committing an administrative offense, measures to ensure the proceedings in the case of an administrative offense. A personal search is carried out by a person of the same sex with a person being examined in the presence of two witnesses of the same sex. In the application of certain measures to ensure the production of a mandatory presence in the case, witnesses are not required: this is possible when carrying out a personal search (in the case provided for in Part 4, Article 27.7 of the Code of Administrative Offenses), suspension from driving, and medical examination for intoxication 27.12 of the Administrative Code).

In order to be interviewed as a witness, the witness must appear in time determined by the agenda of the judge, the body, the official in charge of the administrative violation case.

9.11.7. Expert, expert, translator

As an expert to participate in the proceedings in the case, any person who is not interested in the outcome of the case may be engaged in the case, having the knowledge necessary to assist in the detection, consolidation and seizure of evidence, as well as in the application of technical means.

A specialist can be brought in after the commencement of proceedings for administrative offenses, for which a protocol is required for production. In accordance with the instructions of the judge who summoned him, the body, the official, the specialist is required to participate in the proceedings, which require his knowledge in the detection, securing and seizure of evidence, as well as in the application of technical means. Unlike the expert, the expert gives explanations, and the expert presents, as a rule, a written conclusion.

Thus, the participation of a specialist may be required not only in the case of an administrative offense, but also in the review of a decision made on a complaint against a decision in a specified case, for example, when the decision is rescinded and when the case is re-examined in accordance with paragraph 4 p. 1 tbsp. 30.7 of the Administrative Code.

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Unlike an expert, a specialist may not have special knowledge on the merits of the facts and circumstances of the case in question about an administrative offense. However, the specialist must participate in carrying out actions requiring special knowledge (expertise). If he is involved in the examination, the expert acts under the guidance of an expert, carrying out mainly auxiliary, technical functions.

The rights and duties of a specialist and expert in the proceedings in the case of an administrative offense largely coincide. Refusal or their evasion from the performance of duties stipulated by the Code of Administrative Offenses are qualified under Art. 17.7 (willful failure to comply with the requirements of the official conducting the proceedings in the case of an administrative offense). Knowingly false explanations of a specialist are qualified according to art. 17.9. A deliberately false explanation of an expert in the exercise of state control (supervision) is qualified in art. 19.26 of the Administrative Code; a deliberately false explanation of the expert in other cases contains the signs of an administrative offense under Art. 17.9 of the Administrative Code.

An exhaustive list of circumstances precluding the possibility of involving a specialist and an expert as a participant in the proceedings in the case of an administrative offense is defined in Part 2 of Art. 25.12 of the Administrative Code.

Participation of an interpreter in the proceedings in the case of administrative offenses is due to the rights of persons participating in the proceedings in this case specified in art. 25.1- 25.9 of the Administrative Code. According to Part 2 of Art. 24.2 persons participating in the proceedings in the case of an administrative offense and not knowing the language in which the proceedings are conducted in the case are guaranteed the right to speak and give explanations, to file motions and challenges, to bring complaints in their native language or in another language freely chosen by these persons, and also use the services of an interpreter.

Administrative liability for knowingly improper transfer in the proceedings in the case of an administrative violation is provided for in Art. 17.9 of the Administrative Code.

For the refusal or evasion of the performance of duties established by the Code of Administrative Offenses, the translator bears the administrative responsibility provided for in Art. 17.7.

A knowingly incorrect transfer to a court is qualified as a crime in criminal proceedings (see Part 1, Article 307 of the Criminal Code and note to this article).

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