9.11.3. Legal representatives of individuals and legal entities
In accordance with Part 1, 2 Art. 25.3 The Code of Administrative Offenses protects the rights and legitimate interests of an individual subject to proceedings in an administrative violation case or a victim who are minors or who are physically or mentally unable to exercise their rights independently, are exercised by their legal representatives.
The legal representatives of an individual are his parents, adoptive parents, guardians or trustees. In the sense of Art. 25.3 The Code of Administrative Offenses refers to three categories of minors:
o minors in respect of whom an administrative violation case has been initiated;
o juvenile delinquents - persons in respect of whom a decision has been made to impose an administrative penalty;
o Minor injured persons under the age of 18.
In contrast to the first two categories of minors, juveniles under age who have suffered moral, physical (bodily) harm or property damage due to an administrative offense are also minors under the age of 14.
The legal representative of a legal entity, within the meaning of Part 2 of Art. 25.4 of the Administrative Code, except for its head, may be the head of his representative office, a branch appointed by a legal entity and acting on the basis of his power of attorney.
Legitimate representatives have the right to protect the rights and legitimate interests at all stages of the proceedings in cases of administrative offenses provided for by the Code of Administrative Offenses - from the initiation of this case to the entry into legal force of the decision on the imposition of an administrative penalty or on the termination of proceedings in the case of the specified offense.
According to the meaning of the Code of Administrative Offenses, the procedural actions carried out while executing the decision on the case of an administrative violation are not related to the proceedings in the specified case. However, legal representatives have the right to protect the rights and interests of the legal entity and at the stage of enforcement proceedings - in the process of execution of the decision on the case of an administrative violation.
9.11.4. Defender and Representative
In order to provide legal assistance to a person in respect of whom proceedings are being conducted in the case of an administrative offense, a defense counsel may participate in the proceedings in order to provide legal assistance to the victim - a representative.
As a defender or representative to participate in the proceedings in the case of an administrative offense, a lawyer or other person is allowed.
According to paragraph 1 of Art. 2 of the Federal Law of May 31, 2002, No. 63-Φ3, "On Advocacy and Advocacy in the United States"; the lawyer is a person who, in accordance with the procedure established by the Federal Law, has obtained the status of a lawyer and the right to carry out advocacy. A lawyer is an independent legal adviser.
The Defender provides legal assistance to the person in respect of whom the administrative violation case has been initiated, as well as to the person against whom the decision was made in the specified case. The defender, the representative has the right to participate in the subsequent procedural actions provided by the Code of Administrative Offenses, when reviewing the decisions on the case or at the stage of execution of the decision on the case.
The defender has the right to bring on behalf of the defendant a complaint against the decision to impose an administrative penalty, as well as in cases where it is necessary to ensure the interests of the person whom he represents - to the decision to terminate the proceedings. When providing legal assistance to a person in respect of whom an administrative violation case has been initiated, the defender has the right to appeal against him on his behalf the measures of ensuring the proceedings in the case of an administrative violation (see Article 27.1 of the Code of Administrative Offenses).
The defender and the representative are allowed to participate in the proceedings in the case from the moment of drawing up the protocol on the administrative violation. When appointing an administrative penalty without drawing up a protocol in cases provided for in Part 1 and 3 of Art. 28.6 of the US Code of Administrative Offenses, the defender is entitled to provide legal assistance to a person from the moment of issuance of a warning or from the moment of imposing (imposing) an administrative fine at the place of committing an administrative offense.
According to Part 1 of Art. 25.12 of the Administrative Code to participate in the proceedings in the case of an administrative offense as a defender and representative are not allowed to persons in case they are employees of state bodies, as a result of violation of which an administrative violation case was initiated, or if they previously acted as other participants in the proceedings for this case. With reference to the procedural activity of the defender in this case, it is not the lawyer that is meant, but another person participating in the proceedings as defense counsel. A lawyer has no right to combine advocacy with other paid activities, except for scientific, teaching and other creative activities.
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