Types of acts of procedural provision. Protocols and...

9.9.2. Types of acts of procedural provision. Protocols and definitions

The Code of Administrative Offenses also provides for the provision of procedural provisions, which include the definitions issued by an authorized official when he decides on the implementation of procedural actions necessary in the consideration of the case and appeals against decisions made on the basis of the results of his consideration, as well as the determinations made at the stage enforcement proceedings. Procedural provisions also include the protocols compiled by the authorized official in cases of initiation of a case, application of administrative restraint measures and other cases established by the Code of Administrative Offenses, orders and requests made at the stages preceding the consideration of the case, and submissions made on the basis of the results of its consideration.

Protocols are a special kind of individual acts under consideration - they are drawn up solely for recording procedural actions, they certify the legality of initiating a case of an administrative offense (Article 28.2), thereby confirming the legitimacy of the application of administrative restraint measures (see Part 3, art. 27.2, article 27.4, part 6 of article 27.7, part 4 of article 27.8, part 5, 6 of article 27.9, part 5 of article 27.10, part 4 of article 27.12, part 4 of article 27.13 , part 3 of article 27.131, part 4 of article 27.14). The protocols certify the legality of the procedural actions necessary for analytical investigation and assessment of evidence (the lawfulness of taking samples and samples (Part 3 of Article 26.5) or the use of special technical means (Part 2, Article 26.8) is confirmed. is provided only in those cases when the procedural actions are carried out by the collegial body (see Part 1, Article 29.8).

In contrast to the protocols, other acts are adopted in order to implement the procedural actions established by them and contain mandatory requirements binding on the persons to whom they are addressed. In accordance with the Code of Administrative Offenses, such procedural acts include the following:

o when instituting a case on an administrative offense (see Part 5, Article 28.1);

o in preparation for the consideration of the case of an administrative offense (Part 2, Article 24.3, Part 3, Article 25.13, Part 1, Article 26.4, Article 26.10, Part 2, Article 28.7);

o when extending the period for carrying out an administrative investigation (see Part 51, Article 28.7);

o when considering a case of an administrative offense (see subparagraph 7, 9, part 1, article 29.7);

o when requisitioning the information necessary for the consideration of the case of an administrative offense (see Article 26.10);

o if the application for restoring the appeal period in the administrative violation case is rejected (see Part 4, Article 30.3);

o when deciding on a complaint about a decision in the specified case in cases of violation of jurisdiction (see Part 3 of Article 30.7);

o when performing procedural actions at the stage of enforcement proceedings (Part 3, Article 31.8).

The procedural provisions that establish mandatory requirements for persons to whom they are addressed include orders and requests for administrative offenses (see Article 26.9), as well as representations on the elimination of the reasons and conditions of the offense (Article 29.13).

The issuance of an act of procedural provision may be conditioned by the initiative of the person considering the case (see, for example, Part 5, Article 28.1 of the Code of Administrative Offenses), or by a petition of a suspect or other person participating in its consideration (Part 3, Article 25.13). As a rule, acts of procedural support are subject to unconditional execution by a specific addressee within a set period of time (see Part 1, Article 26.4, Part 1, 2, Article 26.9, Articles 26.10, 28.7, 29.13), but in some cases such acts are depersonalized and are intended for execution by all persons participating in the procedural action (Part 2, Article 24.3). Failure to perform, improper execution of the procedural provision providing for the performance of the duties established by the Code of Administrative Offenses, is qualified in accordance with art. 17.7, and in relation to the duties defined by Art. 29.13, - in art. 19.6.

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