Chapter 9. Jurisdictional production
As a result of studying this chapter, the student must:
o know types of administrative procedures for jurisdictional production;
o be able to precisely establish procedural actions at each stage of jurisdictional production;
o own proper theoretical and practical skills for the implementation of all procedural actions envisaged in the Code of Administrative Offenses in the case of an administrative offense and at the stage of execution of the ruling rendered by the judge about an administrative offense.
9.1. The stages of jurisdictional production
Jurisdictional proceedings include procedural actions committed:
o when instituting a case on an administrative offense (Article 28.1-28.9 of the Code of Administrative Offenses);
o preparation for the consideration of this case (Article 29.1 of the Code of Administrative Offenses);
o consideration of the case of an administrative offense (Article 29.2-29.13 of the Code of Administrative Offenses);
o revision of decisions and decisions made after the consideration of the case (Article 30.1-30.10 of the Code of Administrative Offenses). In contrast to constitutional, criminal and civil proceedings, jurisdictional proceedings are assigned to the jurisdiction of various law enforcement agencies, including executive authorities and their officials, district court judges, garrison military courts, arbitration courts, magistrates,
o at the stage of execution of the decision to impose an administrative penalty (Article 32.1-32.12 of the Code of Administrative Offenses) or the decision to terminate the proceedings in the case of an administrative violation (part 1, 11, article 29.9 of the Code of Administrative Offenses).
9.2. Excitation of jurisdictional proceedings
The case of an administrative offense may be brought by officials authorized to draw up a record of the offense, as well as the prosecutor (hereinafter in this paragraph - authorized persons).
The case of an administrative offense can be initiated if there are following reasons:
o direct detection by the authorized person of data indicative of the commission of an offense;
o statement of state and municipal bodies (their officials), as well as statements, materials, reports of legal entities, individuals of private law, indicating the existence of an event of an administrative offense;
o messages in the media, indicating the existence of an administrative offense;
o fixing violations of traffic rules with the help of special technical means.
Initiating the initiation of a case on an administrative offense is not only the right of law enforcement agencies and other public entities, but also any legal or officials concerned, as well as citizens. However, the decision to initiate a case or to refuse to initiate a case is taken only by an authorized person.
The authorized person is obliged to consider the application of the entity requesting the initiation of the case, and also have the right to review materials, media reports that indicate the existence of a misconduct. Thus, not only the subjects who directly stated this in their statement, but also the mass media, citizens, whose intentions are indicated by the information disclosed by them, are not only persons who are interested in initiating the case.
The case of an administrative offense is considered instituted after drawing up a protocol on an administrative offense (protocol on the application of a preventive measure) or after the prosecutor makes a corresponding decision. When an administrative investigation is conducted, the case of an administrative offense is deemed to have been initiated at the time of the official's determination.
The case of an administrative offense can be brought in the presence of the proper legal preconditions (see Part 1, Article 28.1 of the Code of Administrative Offenses) after the authorized person has completed the specified procedural actions. The time for initiating the case coincides with the deadline for drawing up a protocol on the application of the appropriate preventive measure or the protocol on an administrative offense.
Thus, the case of an administrative offense must be initiated immediately after the establishment of data indicating the existence of an unlawful act and, at least two days after its discovery.
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