Execution of decisions on cases of administrative...

Execution of decisions on cases of administrative violations

The execution of decisions on cases of administrative violations is the final stage of the proceedings in the case of an administrative offense. Execution of the resolution begins after its entry into legal force. The US Code of Administrative Offenses establishes the following time periods for the entry into legal force of a ruling in an administrative offense case:

1) after the expiration of the period established for his appeal, if the decision was not appealed or protested. According to the Administrative Code of the United States, a complaint about a ruling on an administrative offense case can be filed within 10 days from the date of delivery or receipt of a copy of the order. Thus, if, at that time, the complaint was filed and the public prosecutor's complaint was brought, the decision becomes valid;

2) after the expiration of the period established for appealing the decision on the complaint, the protest, if the decision was not appealed or protested, unless the decision is canceled by the ruling. The time limit for appealing a decision on a complaint or bringing a protest is 10 days, and for complaints on a resolution on administrative arrest - one day from the day of admission. Consequently, if the decision on the complaint was not appealed, then the ruling on the case of an administrative offense enters into force 10 days after the decision on the primary complaint is made;

3) after the issuance of a non-appealable decision on the complaint, the protest, except in cases where the decision revokes the decision.

Bringing a decision on the case of an administrative offense in execution is an organizational action to implement the prescriptions contained in the resolution, authorized by bodies and officials. In the case of making several decisions on the imposition of an administrative penalty against one person, each resolution is carried out independently.

If there are circumstances in which the execution of the decision to impose an administrative penalty in the form of administrative arrest, deprivation of a special right or in the form of an administrative fine (except for the collection of an administrative fine at the place of committing an administrative offense) is impossible within the prescribed time, the judge, body, official the person who issued the order, may delay the execution of the resolution for up to one month. Taking into account the financial situation of the person brought to administrative responsibility, the payment of an administrative fine may be delayed by a judge, body, official, who issued the resolution, for up to three months.

In some cases, stipulated by the Administrative Code of the United States, the execution of the decision on the imposition of an administrative penalty is terminated. Thus, a judge, body, official who issued an order to impose an administrative penalty, terminates the enforcement of the order in the following cases:

1) issuing an act of amnesty, if such an act eliminates the use of administrative punishment;

2) cancellation or invalidation of the law or its provision, establishing administrative responsibility for the deed;

3) death of a person brought to administrative responsibility, or declaring him dead in accordance with the procedure established by law;

4) expiration of the statute of limitations for the execution of the decision on the appointment of an administrative penalty. The decision to impose an administrative penalty is not enforceable in the event that this decision was not enforced within a year from the date of its entry into force. The running of the statute of limitations is terminated if the person brought to administrative responsibility shirks the execution of the decision to impose an administrative penalty. Calculation of the statute of limitations in this case is renewed from the date of the discovery of the said person or his things, incomes for which an administrative penalty may be applied in accordance with the decision on the imposition of an administrative punishment;

5) the cancellation of the ruling;

6) making in the cases provided for by the Administrative Code of the United States, a decision to terminate the enforcement of an order to impose an administrative penalty.

The end of production for the execution of the decision on the imposition of an administrative penalty means the termination of all enforcement actions to enforce it. The production but execution of the decision on the imposition of an administrative punishment is considered to be completed, when the performance has been completed completely. At the same time, the body, the official who carried out the decision, returns the decision to impose an administrative penalty on the judge, the body, the official who issued the decision, with a note on the administrative punishment executed.

The end of the execution of the decision to impose an administrative penalty means the termination of all enforcement actions to bring the execution to execution. From the day of the completion of the execution of the decision on the imposition of an administrative penalty, the term of administrative punishability for the person subjected to administrative responsibility begins to be calculated.

However, the Code of Administrative Offenses of the United States establishes cases when the decision to impose an administrative penalty, according to which the execution was not carried out or performed in full, is returned by the body, the official who enacted the decision, the judge, the body, the official who issued the decision. These cases are:

1) if the physical person brought to administrative responsibility does not live, work or study at the address specified by the judge, body, official who issued the resolution, there is no legal entity brought to administrative responsibility or the property of the said persons is not located, which may be subject to administrative penalties;

2) if the person brought to administrative responsibility does not have property or income that may be subject to administrative penalties, and measures to find the property of such a person have been unsuccessful;

3) if the statute of limitations for the execution of the decision on the imposition of an administrative penalty has expired.

Thus, the execution of decisions on cases of administrative violations of the law on the case of an administrative violation actually ends.

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