Formalization of jurisdictional actions. Types of protocols...

9.3. Formalization of jurisdictional actions. Types of protocols compiled in jurisdictional production

Implementation of procedural actions established by the Code of Administrative Offenses is formalized by the appropriate protocol:

o about an administrative offense;

o on the application of the measure of ensuring the proceedings in the case of an administrative offense;

o about taking samples and samples (Part 3, Article 26.5);

o on the inspection of the place of committing violations of the Rules of the Road in the cases provided for in Art. 12.24 and part 2 of Art. 12.30 (see Part 1, Article 28.1.1);

o on the consideration of the case of an administrative offense by a collegial body (Article 29.8).

Protocol on administrative violation is not compiled in the case of:

o The prosecutor initiates cases of administrative offenses specified in Part 1 of Art. 28.4. The case of an administrative offense is considered commenced from the moment the prosecutor decides to initiate a case;

o the appointment of administrative punishment in the form of a warning or an administrative fine at the place of committing an administrative offense (see Part 1, Article 28.6 of the Code of Administrative Offenses), when committing an offense in the sphere of landscaping provided for by the law of the subject of the Federation, as well as in violation of the Rules of Road Movement in the case of their electronic fixation in accordance with Part 3 of Art. 28.6 of the Administrative Code.

The necessary legal prerequisite for the appointment of an administrative penalty without drawing up a protocol is the commission of an administrative offense that does not pose a significant public danger for which administrative punishment is provided in the form of a warning or an administrative fine.

Drawing up a protocol on an administrative offense testifies to the initiation of a case and is one of the initial procedural actions carried out during the proceedings, therefore the protocol is drawn up against persons suspected of committing an administrative offense.

The protocol on an administrative offense should reflect the explanations of the person against whom the proceedings are conducted, as well as the testimony of the victim and witnesses. The Code of Administrative Offenses provides for mandatory compilation of a protocol on the application of the following measures to ensure the proceedings in an administrative offense case or on the implementation of procedural actions related to the application of such measures:

o Detention of a vessel delivered to the US port (part 3, article 27.131);

o administrative detention (Article 27.4);

o examination of the premises, territories and objects and documents that belong to a legal entity or individual entrepreneur (part 4, article 27.8);

o removal from driving a vehicle (part 3, article 27.12);

o medical examination for a state of intoxication (Part 3, Article 27.12);

o Arrest of goods, vehicles and other things (Part 4, Article 27.14);

o temporary prohibition of activities (Part 3, Article 27.16).

When using other measures to ensure the proceedings in the case of an administrative offense (with the exception of a drive), the official has the right to draw up a protocol on their application or to indicate information on the application of these measures in the protocol on an administrative offense or in the protocol on the application of the appropriate preventive measure. Officials authorized to draw up a protocol include officials who consider cases of administrative offenses in accordance with Ch. 23 of the Administrative Code. In assessing the administrative and jurisdictional activities of these officials, one must keep in mind the differences in the content of their procedural powers: officials who draft protocols on administrative violations are usually not authorized to review the case and issue a ruling on the imposition of administrative punishment. Execution by an official of all procedural actions is possible only in cases when the protocol and the interview of a person suspected of committing an administrative offense show no signs of guilt - in these cases the official issues a resolution to terminate the proceedings.

< center>

Also We Can Offer!

Other services that we offer

If you don’t see the necessary subject, paper type, or topic in our list of available services and examples, don’t worry! We have a number of other academic disciplines to suit the needs of anyone who visits this website looking for help.

How to ...

We made your life easier with putting together a big number of articles and guidelines on how to plan and write different types of assignments (Essay, Research Paper, Dissertation etc)