Appeal against the decision of the juvenile commission. What threatens registration with the commission on juvenile affairs - measures of influence on the parents of children and administrative punishment from the KDN. Registration procedure

The commission on juvenile affairs can be called for two reasons - either your child has been caught breaking the law somewhere, or there are claims against you, as parents. In my article, I want to talk about the second case, i.e. when deciding how well parents perform their parenting responsibilities.

Content:

Why do I write "protect my children"? Simply because parents who do not care about their children will not read this article. And since your children are not indifferent to you, then it is better for them in their own family than to follow the long path of their childhood from hand to hand, from shelter to shelter.

Can they attract under Art. 5.35 troops?

Article 2.5 "Administrative responsibility of military personnel, citizens called up for military training, and persons with special ranks" states that these persons may be involved under Art. 5.35, 6.10, 20.20 and 20.22 only to disciplinary responsibility.

Reasons for calling on KDN.

The Commission on Juvenile Affairs considers cases of administrative offenses:

Article 5.35 of the Code of Administrative Offenses of the Russian Federation. Failure by parents or other legal representatives of minors to fulfill their obligations to support and educate minors (fine from 100 to 500 rubles). Often in the people it is simply called "failure to fulfill parental responsibilities." This also includes the consideration of cases of violation of the Law of the Republic of Kazakhstan-63 on neglect, or rather local laws that were developed to prevent neglect. In particular, it is forbidden for minors to be outside at night (in most regions, minors aged 7 to 14 years - from 21 hours to 6 hours; minors aged 14 years to the age of majority - from 22 hours to 6 hours.).

Article 6.10 part 3 of the Code of Administrative Offenses of the Russian Federation. Involving a minor in drinking beer and drinks , made on its basis, alcoholic beverages and intoxicating substances.

Article 20.20 of the Code of Administrative Offenses of the Russian Federation. Consumption (drinking) of alcoholic products in prohibited places or consumption of narcotic drugs or psychotropic substances, new potentially dangerous psychoactive substances or intoxicants in public places

Article 20.22 of the Code of Administrative Offenses of the Russian Federation Appearance in a state of intoxication of minors (under 16 years old) , as well as drinking by them beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places.

Read also:

How to behave when drawing up the Protocol?

Most of the administrative offense cases begin with the Protocol. In the protocol, you will need to sign in several places:

• that your rights have been explained to you. It is highly desirable that this explanation be recorded on a voice recorder in a telephone or on a voice recorder. If any of the rights you do not understand, then feel free to ask for clarification and explain more clearly. (Article 28.2 part 3 of the Code of Administrative Offenses of the Russian Federation)
• that you received a copy of the Protocol. Be sure to take a copy! Check that the date is correct. You will need a copy in order to develop a scheme for protecting yourself, in order to check the correctness of the Protocol. Often there are cases when the Protocol is added and polished later. (Article 28.2 part 6 of the Code of Administrative Offenses of the Russian Federation)
• and under the Protocol itself. If you do not agree with what is written in the Protocol, just write just above your signature: “I do not agree with the content of the protocol”

You are not obliged to give explanations on the case at the time of drawing up the protocol. Use the time from the preparation of the protocol to the consideration of the case to familiarize yourself with the legislative practice in your case, find a lawyer, and work out defense tactics.

How to behave at the commission on juvenile affairs.

It is very important to know that everything that happens on the KDN you can record on a voice recorder, or a phone with audio recording (Article 24.3 part 3 of the Code of Administrative Offenses of the Russian Federation), you can bring a lawyer with a legal education or without (Article 25.1 part 1 of the Code of Administrative Offenses of the Russian Federation), and all documents and certificates provided for your protection, be sure to photocopy, do not hesitate to demand to sign your copies of your statements, challenges !

You can write a written petition to the KDNiZP with a request to interrogate a witness or accept evidence for consideration.

If among the members of the commission there is a person who is biased towards you, then you have the right to file a challenge in writing - i.e. ask in writing to remove the person from the commission.

You have every right not to testify against yourself, your spouse and close relatives (Article 51 Part 1 of the Constitution of the Russian Federation). You don't have to confess to anything. In Russia, the Presumption of Innocence operates in administrative law (Article 1.5 of the Code of Administrative Offenses of the Russian Federation), and therefore, it is their task to prove your guilt. You can only defend yourself, provide evidence of your innocence. Remember, anything you say can be used against you, so only speak to the point, disclosing as much information as you can that isn't being asked.

Remember that evidence obtained in violation of the law cannot be taken into account. (Article 26.2 Part 3 of the Code of Administrative Offenses of the Russian Federation), therefore, carefully analyze all the evidence used against you.

Remember that there is an article like Art. 2.7 Administrative Code of the Russian Federation Emergency . It says that if the potential threat is more dangerous than the actions you took to prevent it, then this is not an administrative offense. This article can protect you if you are suddenly accused of depriving your child of a computer or TV, spanking a child for almost destroying a store, etc.

The statute of limitations for an administrative offense is 2 months . And later than this period they do not have the right to bring you to responsibility (Article 4.5, part 1 of the Code of Administrative Offenses of the Russian Federation).

You should also be aware that the law does not provide for responsibility for the mess, dirt and smell in the house. This is what is written about in all acts of inspection of the homes of those families against whom the representatives of the "defenders" of children decided to act. If you are accused of something, then you must provide links to specific articles of the law, regulatory documents that you have violated. The wording that you are accused under Art. 5.35 of the Code of Administrative Offenses of the Russian Federation is not sufficient, because this article links to a number of other articles of the family code :

• Art. 80 RF IC. If you do not provide maintenance for your children. However, if the situation of lack of money is caused by valid reasons, then they do not have the right to punish you. For example, if you were fired, but you are looking for a new job, if you have health problems.
• Art. 63 RF IC. If parents do not educate and provide education for their children. They love to find fault with families in which children are educated in the family - this is illegal, because. It is a legal form of education. Most importantly, do not forget to inform the educational authorities about the form of education you have chosen in time.
• You may be accused of not providing the child with the necessary medical care. But, for example, the refusal of vaccinations and a number of medical interventions (do not forget that the refusal must be in writing and reasoned) is your right, enshrined in law. And always remember that in some cases, refusal of medical intervention can cause the death or disability of the child (however, as well as consent). Think about how you can deal with something bad happening to your child because of your refusal (for example, if you refused a blood transfusion).
• In addition, there are a number of articles on violations of minors, under which parents are also involved under Art. 5.35 of the Code of Administrative Offenses of the Russian Federation. For example, in Crimea, children under 7 years of age are not allowed to be in public places without parents or relatives, minors are not allowed to be on the street during the curfew at night (Law of the Republic of Kazakhstan No. 63).

In addition to a guilty verdict, the law also provides for a pardon in the form of Art. 2.9 of the Code of Administrative Offenses of the Russian Federation Possibility of exemption from administrative liability in case of insignificance of an administrative offense. In this case, the decision makes an entry “Release ... .. (Last name, First name, Patronymic) from liability due to the insignificance of the offense (part 1 of article 29.9.)”.

Appeal against the decision of the KDN.

After the issuance of the indictment, you will have 10 days before it comes into force in order to appeal it in court . An exception is a valid reason why you couldn't do it earlier - such as a documented illness. Such an appeal is not subject to a fee, costs may arise only for the services of a lawyer. The court cannot make a decision worse than what it was, but it can justify you. And such things happen. So it's worth the risk.

Simultaneously with a lawsuit, you can file an application with the Prosecutor's Office indicating what violations were committed (with references to articles) and with reference to Art. 30.10 of the Code of Administrative Offenses of the Russian Federation, which states that the prosecutor has the right to protest against the Decree of the KDN if certain violations were committed during the course of the case.

If you still missed the deadline for appealing, then you will have to comply with the order of the CDN, pay a fine, but you can appeal the decision “by way of supervision”. Only the court will no longer be local, but a supervisory authority (the Supreme Court of the Republic of Crimea).

Remember that if it comes to the removal of your child by the guardianship authorities, then the first thing you need to do is get an appointment or write a letter Commissioner for Children (Children's Ombudsman). In Crimea, this position is held by Irina Klyueva. For more information, see the Commissioner's website at the link . Postal address and other contact details at the link. Remember that all important emails must be sent with acknowledgment of receipt! Save the notice.

Many issues related to the consideration of cases at the KDN are explained in great detail on the website of the Commission on Juvenile Affairs of the Kostroma Region http://kdn.adm44.ru/faq/index.aspx.

A video about how one mother managed to defend and return her child despite strong resistance from the shelter.

Furthermore it is at the hearing set, that Kurilova Yew.Yew. the deadline for contesting the decision of the commission on juvenile affairs and protecting their rights, issued by DD.MM.YYYY, was missed due to the fact that she was not invited to the meeting of the commission when deciding on the issue of registering the family, the decision was not handed to her, about the decision she became aware in the summer of 2011, after which she appealed against this decision to the prosecutor's office. These circumstances follow from the explanations of Kurilova Yu.Yu., are confirmed by the message of the prosecutor's office of the Traktorozavodsky district of Volgograd from DD.MM.YYYY and the message of the prosecutor's office of the Volgograd region from DD.MM.YYYY (case file 5,6). The specified reason for missing the deadline set for challenging the issued decision, the court recognizes as valid and considers that the time limit for challenging the decision is subject to restoration.

Legal Forum

A month later, on February 12, a meeting of the KDN was held, about which the wife was notified by phone the day before. There it turned out that the ambulance doctor diagnosed “acute drug poisoning” (how? On what basis? - it is not clear). Our arguments were not taken into account, and, for violating Art. 5.35 of the Code of Administrative Offenses of the Russian Federation, the wife received a warning.

I believe that the commission on juvenile affairs has imposed an unreasonably high punishment on my daughter in terms of registering her with the police, which will affect subsequent characteristics from school and in all subsequent years will affect the moment of admission both to educational institutions and to work. I think that the punishment did not adequately overestimate the offense committed.

How to appeal the decision of the Commission on Juvenile Affairs

• name of the court;
• personal information about the citizen who files the claim - full name, address, contact phone number;
• information about the defendant;
• table of contents;
• the essence of the claim - indicate the grounds for the appeal, requirements (change or cancellation of the decision), insert links to legislative norms;
• describe the list of attached documents;
• the date the claim was filed;
• plaintiff's painting.

Appeal against the decision of the commission on juvenile affairs

The perpetrators are held accountable under Art. 19.3, if the orders or demands of a police officer or a serviceman were based on the prescriptions of the law and given or presented in the performance of their duties to protect public order. Therefore, if those specified in Art. 19.3 the actions did not take place in the performance of these persons' duties for the protection of public order, but in connection with the performance of any other legal activity, this offense will not be constituted.

Diploma and term papers, master's theses in law on order

In the preparation of all works, regularly updated reference books are used. legal systems"Garant" and "Consultant Plus", which allows you to take into account the most recent legislative changes that have come into force, as well as bills planned for adoption State Duma soon.

Case No. undefined

Since the disposition of Art. 20.22 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of parents for the actions of a minor, then when considering the case by the commission on juvenile affairs and protecting their rights, the actions of both the minor FULL NAME3 and her mother - FULL NAME1

How to appeal the registration of a minor

In order for the appeal against the decision of the commission on juvenile affairs to have legal force, it is necessary to submit a corresponding request to representatives of this service. The application is drawn up in the name of the chairman, it sets out the essence of the claim. This document must be registered with the secretary or sent by registered mail with notification. The Commission is obliged to respond to such a request. If your request is not satisfied, an application is submitted to the court to cancel the decision of the commission on minors' affairs.

Appeal against the decision of the commission on juvenile affairs

1. Detention of the child and registration of the protocol.
2. Transfer of documentation under consideration to the CDN.
3. Issuance of a decision , which will indicate whether the child, his parents are put on a professional account, or not. The term for making a decision is 10 days. During this time, specialists can invite a teenager and parents to talk. The decision cannot be the subjective opinion of one employee of the commission.
4. Sending a resolution to the head of the police department of your city or district . It is he who must confirm the registration - or reject.
5. Approval of the decision in the PDN . This unit is located on the basis of the police station. If it was decided to register the child, then the PDN specialist draws up a card for him. The documents contain all the detailed information about the teenager and his parents.

Questions and answers

The commission examines the materials collected in relation to the offense / non-fulfillment of the obligation to attend school, listens to the testimony of the minor and his representative (parent) and decides on the use of means of influence. All discussion of the offense is recorded by the secretary of the commission, the protocol is signed by the chairman or deputy chairman of the commission and the secretary. During the discussion of the case in the interests of the minor, the minor himself or his representative may temporarily leave the premises. The meeting of the commission is closed - only members of the commission, the applicant, the minor himself and his representative, as well as other invited persons participate in it. Unauthorized persons are not allowed to the meeting, as this is not in the interests of the child and does not allow ensuring the confidentiality of information.

Chapter 22

Decision of the people's judge in cases of administrative offenses provided for in Articles 40.1 - 40.24, 44, 46.1, 49, 49.1, 104.1, 137, 150, 150.2, 151, 158, part three of Article 162, Articles 164.1, 165 - 165.3, 166.6, 166.6 and 167, 171.1 - 171.3 of this Code, may be canceled or amended at the protest of the prosecutor by the people's judge himself, and also regardless of the protest of the prosecutor by the chairman of a higher court.

The main forms of procedural documents used by the commission for minors and the protection of their rights in the exercise of administrative jurisdiction form 1

Having considered the protocol on an administrative offense, under Art. ___ Code Russian Federation on administrative offenses dated "____" ______________ 200__ No. ______ in relation to a minor (parent) ______________________ ___________________________________________________________________________________

Violations committed by the KDNiZP and their role in family life

In the city of Dobryanka, Perm Territory, at school No. 5, there is a long-standing conflict between the school administration, a group of parents, and the mother of one of the students. It all started with quarrels between children, grew into quarrels between parents, in addition to this, the mother had the imprudence to hold the principal accountable for offenses at school several times.

Methodological recommendations on the application of the Code of the Russian Federation on Administrative Offenses in the activities of commissions for minors and the protection of their rights

The limitation period may be interrupted if the person brought to administrative responsibility evades the execution of the decision and is on the wanted list. The calculation of the period is resumed from the day the person or his things, incomes, on which an administrative penalty can be levied, are discovered.

How is the territorial jurisdiction of cases based on complaints against decisions of the commissions on juvenile affairs and protection of their rights issued in relation to minors determined?

What are the requirements for a complaint (protest) against a decision in a case on an administrative offense? Is the judge entitled to leave the complaint without movement by analogy with the norms of Art. Art. 323, 341 Code of Civil Procedure? Is it possible to return the complaint to the person who filed it, due to the lack of any information in it?

A complaint against the decision of the commission on juvenile affairs is filed by the parents of a minor citizen if they do not agree with the decision of the representatives of this supervisory body. Disputable issues are resolved through negotiations.

If it is not possible to consider the case peacefully, the court is connected. Many other procedural documents related to marriage and family relations. Our lawyer will help you solve the problem: professionally, on favorable terms and on time. Call today

The procedure for registration of the Commission on Juvenile Affairs

Difficult teenagers, according to the law, are dealt with not only by the police, guardianship and guardianship authorities, assistant district prosecutor for supervision of juvenile affairs, psychologists, heads of schools in which a juvenile delinquent is registered.

In fact, the commission is a collegiate body whose task is to prevent the child from breaking the law further. The powers of the commission on juvenile affairs when revealing the fact that a teenager has committed an offense or crime, a special authorized person draws up a protocol, which will subsequently be sent for consideration by the body. Within ten days, the official is obliged to register the person who committed the offense. When registering, the opinions of the legal representatives of the child (parents, guardians, etc.) are taken into account.

After that, the final decision on registration is sent to the head of the local police department, who approves or does not approve this decision. Upon approval, a card with data on the offender is entered, from this moment the minor is registered with the PD.

Legal consequences of registration of the PDN commission

As a rule, this negatively affects the future of the child, especially if he wants to link his future with jurisprudence in the future. This information will also be sent to educational institution in which a minor is studying.

Also, if the child was registered as a result of alcohol consumption in public place, then his personality will be entered into the narcological dispensary, to which employers have access in our time. How it is carried out, read further on the link.

Parents are responsible for juvenile offenders. Penalties are imposed on them, and the child falls under continuous control by representatives of the Ministry of Internal Affairs. If you do not agree with this outcome, you need to know how to appeal the decision.

How to appeal the registration of a minor with personal data?

When is a registration complaint filed? There are many situations when representatives of the commission on juvenile affairs start cases against their wards, put them on a special account.

There are many reasons for this, from a broken window at school, to serious offenses - thefts, robberies, mass brawls. Such decisions are not always justified. Parents are interested in how to appeal the registration of a minor, protect and at the same time not tarnish their reputation. It is advisable immediately after an unpleasant situation in which you unwittingly became a participant, contact a lawyer who will protect the rights of the child. Many lawyers specialize in such matters as or other bodies.

Contact this professional. It usually works in several directions:

• talks with the child about the situation;
• negotiates with representatives of the commission;
• collects evidence of the innocence of his ward.

In order for the appeal against the decision of the commission on juvenile affairs to have legal force, it is necessary to submit a corresponding request to representatives of this service. The application is drawn up in the name of the chairman, it sets out the essence of the claim. This document must be registered with the secretary or sent by registered mail with notification. The Commission is obliged to respond to such a request. If your request is not satisfied, an application is submitted to the court to cancel the decision of the commission on minors' affairs.

USEFUL: watch the video and you will find out why the Principals choose our organization as an assistant, write your question in the comments of the video and get FREE advice from a lawyer on any issue

It is difficult to prove your case in court on your own, and a lawyer can quickly and easily deal with the problem. In this way, you will achieve not only the cancellation of the decision, but also compensation for moral damage, if this is stipulated in the statement of claim.

If the complaint about the registration of minors is correctly drawn up, then the court will decide in your favor. The reputation of a minor child will not be tarnished.

Our lawyer will help you in the procedure for deregistration of the Commission on Juvenile Affairs: professionally, on favorable terms and on time. Call or leave a request right now!

Who can be brought to administrative responsibility by the commissions on juvenile affairs and the protection of their rights.

In accordance with Part 1 of Article 2.3, persons who have reached the age of 16 are brought to administrative responsibility.

What to do if a teenager committed an offense at the age of 17, and by the time his case was considered at a meeting of the commission, he was already 18 years old.

Due to the fact that, in accordance with Art. 23.2 of the Code of Administrative Offenses of the Russian Federation and Article 1 of the Regulations on Commissions for Juvenile Affairs, the commissions consider cases of minors, and also given that the procedure for holding a meeting of the commission involves, incl. and educational impact, which is designed for minors, the commission is obliged to send the materials of administrative proceedings to that body (official) whose competence includes the consideration of this offense (Chapter 23 of the Code of Administrative Offenses of the Russian Federation).

Is it possible to bring to administrative responsibility the parents who are military personnel.

In accordance with Article 2.5, it is impossible to bring to administrative responsibility on a general basis for failure to perform or improper performance of their duties of parents who are military personnel, citizens called up for military training, employees of the internal affairs bodies, employees of the penitentiary system, federal tax police and customs authorities.

Is it possible for an administrative offense by a person aged 16 to 18 to apply to him not the measures of administrative influence provided for by the Code of Administrative Offenses of the Russian Federation, but the measures of public influence provided for by the Regulations on Commissions for Juvenile Affairs.

Can. In accordance with Part 2 of Art. 2.3 of the Code of Administrative Offenses of the Russian Federation, taking into account the specific circumstances of the case and data on a person who has committed an administrative offense at the age of sixteen to eighteen years, the commission on minors and the protection of their rights may release the said person from administrative responsibility with the application of measures of influence provided for by federal legislation on the protection of the rights of minors.

The procedure for bringing to administrative responsibility.

a) main document on the basis of which the offender is held liable, is the protocol about an administrative offence.

Other documents, certificates of PDN inspectors, information messages from the police, from the school, etc. is not a basis for bringing to administrative responsibility.

At the same time, these documents may be considered at a meeting of the commission and be the basis for applying to minors who have committed antisocial acts that are not administrative offenses, measures of public influence provided for by the legislation of the Kostroma Region. The measures of social influence indicated in these acts can also be applied to parents who do not pay due attention to the upbringing of their children (except in cases where their actions contain elements of an administrative offense or a criminal offense).

b) Who has the right to draw up an administrative record?

In accordance with Article 28.3, officials of the bodies having the right to impose penalties for the commission of an offense, as well as other persons specified in part 2 of Art. 28.3 (Appendix No. 1)

In accordance with paragraph 2 of part 5 of article 28.3, protocols on administrative offenses provided for in articles 5.35-5.37, 6.10. The Code of Administrative Offenses of the Russian Federation has the right to draw up members of commissions for minors and the protection of their rights. Members of the KDN and ZP are granted not only the right to draw up protocols, but also the obligation, when drawing up them, to correctly qualify the acts committed by minors, their parents and officials in accordance with the norms of the Code of Administrative Offenses of the Russian Federation.

c) Can the responsible secretary of the commission and the chairman of the commission be considered officials who have the right to draw up protocols not only for those offenses specified in paragraph 2 of part 5 of article 28.3, but also for other offenses (art. 28.3 part 1) .

It is impossible, because in accordance with Part 1 of Article 28.3, protocols on administrative offenses are drawn up only by officials authorized to impose administrative penalties. Neither the chairman of the commission, nor the responsible secretary of the commission independently have the right to impose administrative penalties, because. this is the competence of a collegiate body - the commission for minors and the protection of their rights.

d) In accordance with part 3 of article 28.1, the offense report or the documents attached to it must indicate the reasons for initiating an administrative case. If the above documents do not indicate the reason for initiating a case, then the commission must issue a ruling (Article 29.4, Part 1, Clause 4) on the return of this material to the body (official) that compiled it to eliminate the existing shortcomings.

If citizens applied to the commission or to a member of the commission with a statement on bringing to administrative responsibility the persons who committed offenses on which the protocol can be drawn up by members of the commission and after considering the application it turns out that the facts were not confirmed or that in the actions of the persons indicated in the application there is no corpus delicti, the members of the commission examining the said statement are obliged to issue a reasoned ruling on the refusal to initiate proceedings on an administrative offense.

e) What are the terms for drawing up a protocol on an administrative offense.

Article 28.5. Deadlines for drawing up a protocol on an administrative offense

1. A protocol on an administrative offense shall be drawn up immediately after the commission of an administrative offense is revealed.

2. If additional clarification of the circumstances of the case or information about the individual or information about the legal entity in respect of which an administrative offense case is initiated is required, a protocol on an administrative offense is drawn up within two days from the moment the administrative offense is discovered.

3. In the event of an administrative investigation, a protocol on an administrative offense is drawn up at the end of the investigation within the time limits provided for in Article 28.7 of this Code.

Article 28.2. Protocol on an administrative offense

AT protocol on an administrative offense, the date and place of its preparation, position, surname and initials of the person who drew up the protocol, information about the person against whom the case on an administrative offense was initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if there are witnesses and victims, place, time and event of an administrative offense, an article of this Code or a law of a constituent entity of the Russian Federation providing for administrative liability for this administrative offense, an explanation of the individual or legal representative of the legal entity against whom the case has been initiated, other information necessary to resolve the case .

When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity in respect of whom a case on an administrative offense has been initiated, as well as other participants in the proceedings on the case, is explained their rights and obligations provided for by this Code, about which an entry is made in the protocol.

An individual or a legal representative of a legal entity in respect of whom a case on an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on an administrative offense. These persons have the right to submit explanations and comments on the content of the protocol, which are attached to the protocol.

The protocol on an administrative offense is signed by the official who drew it up, the individual or the legal representative of the legal entity in respect of whom the administrative offense case has been initiated. If the indicated persons refuse to sign the protocol, an appropriate entry is made in it.

g) Sending a protocol on an administrative offense.

The protocol on an administrative offense is sent to persons authorized to consider the case within 24 hours from the moment it was drawn up (Article 28.8).

If the commission returned the materials, then the persons (bodies) that drew up the protocol have 3 days from the date of their receipt to eliminate these shortcomings. After these shortcomings have been eliminated, within a day after the elimination of the shortcomings, the protocol must be returned to the commission (part 3 of article 28.8).

Since July 1, 2002 when preparing for the consideration of the case and during the consideration of the case at the meeting of the DTC and the RFP, a defense counsel (Article 25.5) has the right to participate in order to provide legal assistance to a person in respect of whom proceedings are being conducted on an administrative offense, and to provide legal assistance to the victim - a representative.

Article 25.5. Protector and representative

A lawyer or other person is allowed to participate in the proceedings on an administrative offense as a defense counsel or representative.

The powers of a lawyer are certified by a warrant issued by legal advice. The powers of another person providing legal assistance shall be certified by a power of attorney drawn up in accordance with the law.

The defense counsel and the representative admitted to participate in the proceedings on the case of an administrative offense have the right to get acquainted with all the materials of the case, present evidence, file motions and challenges, participate in the consideration of the case, appeal against the application of measures to ensure the proceedings in the case, the decision on the case, use other procedural rights in accordance with this Code.

1.7. Place of consideration of materials about the offense.

Article 29.5. Place of consideration of a case on an administrative offense

Cases on administrative offenses of minors, as well as on administrative offenses provided for in Articles 5.33, 5.34, 6.10, 20.22 of this Code, are considered at the place of residence of the person in respect of whom proceedings are being conducted on the case of an administrative offense.

If the minor is a person "Without certain place residence” Where to consider the material and what is considered its place of residence?

This issue is not regulated by the Code of Administrative Offenses of the Russian Federation, which allows this category of citizens to evade responsibility.

Stage of preparation for consideration of a case on an administrative offense .

In accordance with Article 29.1 of the Code of Administrative Offenses of the Russian Federation, when preparing for the consideration of a case on an administrative offense, the following questions are clarified:

1) whether consideration of the given case falls within the competence of the commission;

2) whether there are circumstances excluding the possibility of consideration of this case by the commission;

3) whether the protocol on an administrative offense and other protocols provided for by the Code are drawn up correctly, as well as whether other case materials are correctly drawn up (if the materials received from various bodies, including internal affairs bodies, are not enough, and this should be determined at the stage of preparation for consideration of cases, if it turns out that the material is defective, then the chairman of the commission must issue a ruling on the return of the material - Article 29.4, Part 1, Paragraph 4 of the Code of Administrative Offenses of the Russian Federation).

4) whether there are circumstances excluding proceedings in the case;

5) whether the materials available on the case are sufficient for its consideration on the merits;

6) whether there are petitions and challenges (Article 24.4. Persons participating in the proceedings and in the case have the right to make written petitions that are subject to mandatory consideration at the same meeting of the commission. Based on the results of consideration of the petition, a ruling is issued, which is recorded in the minutes of the commission meeting. Articles 29.2, 29.3 - a member of the commission on juvenile affairs cannot participate in the consideration of the case if they are personally or indirectly interested in its outcome, as well as if he is a relative of any of the participants in the process)

Competence of the commission on juvenile affairs.

“Article 23.2. Commissions for juvenile affairs and protection of their rights

1. District (city), district city commissions for minors and protection of their rights consider cases of administrative offenses committed by minors, as well as cases of administrative offenses provided for in Articles 5.35, 5.36, 6.10, 20.22 of this Code.

2. Cases of administrative offenses provided for in Article 11.18 of this Code, as well as cases of administrative offenses in the field of road traffic, are considered by commissions for minors and the protection of their rights in cases where the body or official that received the case on such an administrative offense, submits it for consideration by the specified commission”.

This article has changed from what it was before. So, earlier cases under Art. 49 (petty theft), 158 (petty hooliganism), etc. of the Code of Administrative Offenses of the RSFSR could be considered at a commission meeting only if the internal affairs bodies transferred these cases to commissions.

Since July 1, 2002 all cases with the exception of those specified in Part 2 of Article 23.3 of the Code of Administrative Offenses of the Russian Federation in without fail submitted to the committee for consideration.

Do I need to notify the prosecutor about the meeting of the commission?.

In accordance with Article 25.11, part 2 and Article 33, part 2 of the Regulations on the DTC, the prosecutor is notified of the place and time of the consideration of the case on an administrative offense committed by a minor, i.e. all cases involving minors must be reported to the prosecutor.

To obtain evidence in the case, the commission has the right to send requests to the relevant territorial authorities, or to instruct the performance of certain actions provided for by the Code of Administrative Offenses of the Russian Federation (Article 26.9. part 1):

An order or request on a case shall be executed no later than within 5 days from the date of its receipt (part 2 of article 26.9):

The commission has the right to issue a ruling on the request for information necessary to resolve the case. The requested information must be sent to the commission within 3 days (Article 26.10)

Consideration of the case at a meeting of the Commission.

What is the time frame for a criminal case to be considered?

Article 29.6. Terms of consideration of a case on an administrative offense.

Cases of offenses are considered within 15 days from the date of receipt of materials

In case of receipt of petitions from participants in the proceedings on the case, or if additional clarification of the circumstances of the case is necessary, the term for the consideration of the case may be extended, but not more than for 1 month. A reasoned ruling shall be issued on the extension of the specified period. That is, if a teenager needs to be delivered to a meeting of the commission, the case is scheduled within 15 days, but he did not appear and he must be delivered. The Commission issues a reasoned decision not only on its delivery, but also a reasoned decision on the extension of the consideration period.

When is a ruling issued to postpone the consideration of a case on an administrative offense?

In accordance with paragraph 7 of paragraph 1 of Article 29.7, a ruling on the adjournment of the case is issued in the event of:

a) receipt of an application for self-withdrawal or challenge of a judge, a member of a collegiate body, an official considering the case, if their challenge prevents the consideration of the case on the merits;

c) the need for the appearance of the person participating in the consideration of the case, the demand additional materials on the case or appointment of expertise.

If the case is adjourned due to the fact that the commission did not receive previously requested materials, then the chairman of the commission issues a ruling in the form of an independent procedural document on the adjournment of the case at the stage of preparation for the meeting (part 1 of article 29.4).

If the case is adjourned due to the non-appearance of the participants in the process, then the ruling is issued by the commission as an independent procedural document and, in addition to the grounds for adjourning the case, must contain an indication of the bringing of the non-appearing persons (part 3 of article 29.4).

If the case is adjourned for other reasons, then the decision to adjourn the case can be drawn up and recorded in the minutes signed by the chairman of the commission.

The procedure for considering a case of an offense.

In accordance with Article 29.7 of the Code of Administrative Offenses of the Russian Federation:

1. When considering a case on an administrative offense:

1) it is announced who is considering the case, what case is subject to consideration, who and on the basis of what law is brought to administrative responsibility;

2) the fact of the appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity, in respect of which proceedings are being conducted on an administrative offense case, as well as other persons participating in the consideration of the case, is established;

3) the powers of the legal representatives of the individual

or legal entity, defender and representative;

4) it is ascertained whether the participants in the case proceedings have been notified in accordance with the established procedure, the reasons for the non-appearance of the participants in the case proceedings are ascertained, and a decision is made to consider the case in the absence of the indicated persons or to postpone the case;

5) explain to the persons participating in the consideration of the case, their rights and obligations;

6) the submitted challenges and petitions are considered;

7) a ruling is issued to postpone the consideration of the case in the event of:

a) receipt of an application for self-withdrawal or challenge of a member of the commission, if their challenge prevents the consideration of the case on the merits;

b) challenge of a specialist, expert or translator, if the said challenge prevents the consideration of the case on the merits;

c) the need for the appearance of the person participating in the consideration of the case, the request for additional materials on the case or the appointment of an expert examination;

8) a ruling is issued on the bringing of a person whose participation is recognized as mandatory in the consideration of the case, in accordance with part 3 of Article 29.4 of the Code;

9) a ruling is issued to transfer the case for consideration according to jurisdiction in accordance with Article 29.5 of the Code.

2. During the continuation of the consideration of the case on an administrative offense, a protocol on an administrative offense is announced, and, if necessary, other materials of the case. Explanations of an individual or a legal representative of a legal entity in respect of whom proceedings are being conducted on an administrative offense are heard, testimonies of other persons participating in the proceedings, explanations of a specialist and an expert opinion, other evidence is examined, and in the case of the participation of a prosecutor in the consideration of the case, his conclusion.

3. If necessary, other procedural actions are carried out in accordance with the Code.

Article 26.1. Circumstances subject to clarification in the case of an administrative offense

In the case of an administrative offense, the following are subject to clarification:

1) the presence of an event of an administrative offense;

2) a person who has committed unlawful actions (inaction) for which this Code or the law of a constituent entity of the Russian Federation provides for administrative liability;

3) the person's guilt in committing an administrative offense;

4) circumstances mitigating administrative responsibility and circumstances aggravating administrative responsibility;

5) the nature and extent of the damage caused by the administrative offence;

6) circumstances excluding proceedings in a case concerning an administrative offence;

7) other circumstances that are important for the correct resolution of the case, as well as the causes and conditions for committing an administrative offense.

What is a minor offense (art. 2.9)?

There is no standard definition of the concept of a minor offense. At the same time, the hallmark of a minor offense is that, despite the formal presence of all the elements of an offense, it does not in itself contain any threats to the legally protected object of the offense. When released from administrative responsibility for this reason the nature of the offense must be taken into account, and not the personality of the offender or his subsequent behavior after the offense. At the same time, one should not confuse an oral remark, which may be limited to a commission with a warning which, unlike a remark, is an administrative punishment.

If at a meeting of the commission the fact of insignificance of the offense is established, the commission, based on the results of the consideration of the case, announces an oral remark, which is not recorded anywhere and makes the following decision:

“Release ... .. (Last name, First name, Patronymic) from liability due to the insignificance of the offense (part 1 paragraph 2 p2 article 29.9.)”

What is the evidence in the case of an administrative offense.

Article 26.2. Proof of

1. Evidence in a case on an administrative offense is any factual data on the basis of which the judge, body, official in charge of the case establishes the presence or absence of an event of an administrative offense, the guilt of the person brought to administrative responsibility, as well as other circumstances, relevant to the proper resolution of the case.

2. These data are established by a protocol on an administrative offense, other protocols provided for by this Code, explanations of the person in respect of whom proceedings are being conducted on an administrative offense, testimonies of the victim, witnesses, expert opinions, other documents, as well as testimonies of special technical means, material evidence.

3. It is not allowed to use evidence obtained in violation of the law.

In all cases, when delivering a minor in a state of intoxication, is it necessary to conduct a medical examination?

In accordance with Article 11, Clause 19 of the Law of the Russian Federation “On Police”, police officers have the right (but are not obliged) to examine persons suspected of committing an administrative offense to determine the presence of alcohol or drugs in the body, or to send or deliver these persons to a medical institutions, if the result of the examination is necessary to confirm or refute the fact of an offense or to objectively consider the case of an offense.

That. if a teenager is under 16 years old, then his examination is not necessary, but desirable, because. the results of the examination will be one of the evidence confirming the fact of his being in a state of intoxication.

If the minor is between the ages of 16 and 18, then the results of his examination can be evidence in the case only if the results of the examination confirm not just being drunk, but in a drunken state that offends human dignity and public morality, because . for this category of minors, only such a composition constitutes an offense (part 3 of article 26.2 - it is not allowed to use evidence obtained in violation of the law).

Who can be a witness.

Article 25.6. Witness

1. A person who may be aware of the circumstances of the case to be established may be called as a witness in a case concerning an administrative offense.

2. The witness is obliged to appear when summoned by the judge, body, official in charge of the case of an administrative offense, and give truthful testimony: tell him everything he knows about the case, answer the questions posed and certify with his signature in the relevant protocol the correctness of entering his testimony .

3. The witness has the right:

Do not testify against yourself, your spouse and close relatives;

Testify for mother tongue or in the language he speaks;

use the free help of an interpreter;

Make comments about the correctness of entering his testimony in the protocol.

4. When questioning a minor witness who has not reached the age of fourteen years, the presence of a teacher or psychologist is mandatory. If necessary, the interrogation is conducted in the presence of the legal representative of the minor witness.

5. The witness is warned about administrative responsibility for giving knowingly false testimony (about which an entry is made in the protocol, under which the witness signs).

6. For refusal or for evasion from fulfillment of the duties provided for by part 2 of this article, the witness shall bear administrative responsibility, provided for by this Code.

Note. In this article, close relatives are understood as parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren.

What to do if the offender does not speak Russian.

Article 24.2. The language in which proceedings are conducted on cases of administrative offenses

Persons participating in the proceedings on an administrative offense and not knowing the language in which the proceedings are conducted are provided with the right to speak and give explanations, file motions and challenges, file complaints in their native language or in another language of communication freely chosen by the indicated persons, and also use the services of an interpreter.

Who pays for the services of an interpreter.

In the case of consideration of a case on an offense provided for by federal law, the costs of the case are paid from the federal budget (the payment mechanism is not currently defined).

Types of rulings and rulings issued by the commission when preparing a case for consideration.

Article 29.4. Determination, resolution, issued in preparation for the consideration of a case on an administrative offense.

1. When preparing for the consideration of a case on an administrative offense, the following issues are resolved, on which, if necessary, a ruling is issued:

1) on the appointment of the time and place for the consideration of the case;

2) on summoning the persons specified in Articles 25.1-25.10 of the Code, on requesting the necessary additional materials on the case, on appointing an expert examination;

3) to postpone the consideration of the case;

4) on the return of the protocol on an administrative offense and other materials of the case to the body, the official who drew up the protocol, in the event that the protocol was drawn up and other materials of the case were drawn up by unauthorized persons, the protocol was incorrectly drawn up and the other materials of the case were drawn up, or the incompleteness of the submitted materials, which cannot be replenished during the consideration of the case;

5) on the transfer of a protocol on an administrative offense and other materials of the case for consideration according to jurisdiction, if the consideration of the case does not fall within the competence of the judge, body, official, to which the protocol on an administrative offense and other materials of the case were submitted for consideration, or a ruling on challenge was issued judge, composition of the collegiate body, official.

2. In the presence of the circumstances provided for in Article 24.5 of this Code, a decision is made to terminate the proceedings on the case of an administrative offense.

3. If the consideration of a case on an administrative offense is postponed due to the failure to appear without a valid reason of the persons specified in Part 1 of Article 27.15 of this Code, and their absence prevents a comprehensive, complete, objective and timely clarification of the circumstances of the case and its resolution in accordance with by law, the commission shall issue a ruling on the bringing of the said persons.

Grounds for terminating the proceedings - Article 24.5.

Article 24.5. Circumstances excluding proceedings in a case on an administrative offense

Proceedings in a case on an administrative offense cannot be started, and the initiated proceedings are subject to termination in the presence of at least one of the following circumstances:

1) the absence of an event of an administrative offense;

2) the absence of an administrative offense, including the failure by an individual at the time of the commission of unlawful actions (inaction) of the age provided for by this Code for bringing to administrative responsibility, or the insanity of the individual who committed unlawful actions (inaction);

3) actions of a person in a state of emergency;

4) issuance of an act of amnesty, if such an act eliminates the application of an administrative penalty;

5) repeal of the law that established administrative liability;

6) expiration of the limitation period for bringing to administrative responsibility;

7) the presence, on the same fact of committing unlawful actions (inaction) by a person in respect of whom proceedings are being conducted on an administrative offense, of a decision to impose an administrative penalty, or a decision to terminate proceedings in a case of an administrative offense, or a decision to initiate a criminal affairs;

8) the death of a natural person in respect of whom proceedings are being conducted in a case concerning an administrative offence.

What is the statute of limitations for administrative liability?

Article 4.5. Limitation period for bringing to administrative responsibility

In the event of a refusal to initiate a criminal case or termination of a criminal case, but if there are signs of an administrative offense in the actions of a person, the time limits provided for by Part 1 of this Article begin to be calculated from the date of the decision to refuse to initiate a criminal case or to terminate it.

3.14. Can cases of juvenile delinquency between the ages of 16 and 18 be considered in the absence of their parents.

In what cases can cases of administrative offenses of minors be considered without their presence?

In accordance with Part.2 Article. 25.1 if there is evidence of a proper notification of the person about the place and time of the case and if the person has not received a request to adjourn the case, or if such a request is left without satisfaction, it is allowed to consider the case in the absence of the offender.

In accordance with Part 5 of Article 25.3, when considering a case on an administrative offense committed by a person under the age of eighteen years, the judge, body, official considering the case on an administrative offense has the right to recognize the mandatory presence of the legal representative of the specified person.

In accordance with Art. 34 of the Regulations on commissions for minors, the presence of a minor and his parents during the consideration of the case is mandatory.

3.15. Does the commission have the right to make a decision on the bringing of a minor, the case about which should be considered at a meeting, as well as on the bringing of his parents.

Article 29.4, part 3.

In the event that the consideration of a case on an administrative offense is postponed due to the absence without valid reasons of the persons required at the commission, and their absence prevents a comprehensive, complete, objective and timely clarification of the circumstances of the case, its resolution in accordance with the law, the judge, body, official, issue a ruling on the bringing of the said persons.

The commission on juvenile affairs has the right to issue rulings (not rulings) on the bringing through the internal affairs bodies of persons who should participate in the meeting of the commission, that is, the offender, his parents and witnesses.

Article 27.15. Drive unit

In the cases provided for by Part 3 of Article 29.4, Clause 8 of Part 1 of Article 29.7 of this Code, the bringing of an individual or a legal representative of a legal entity in respect of which proceedings are being conducted on an administrative offense, a legal representative of a minor who is brought to administrative responsibility, and also a witness.

The drive is carried out by the internal affairs body (militia) on the basis of a decision of the judge, body, official considering the case of an administrative offense, in the manner established by the federal executive body in the field of internal affairs.

Requirements for a decision in a case of an administrative offense and the procedure for making a decision.

Article 29.10. Decision on the case of an administrative offense.

In a decision on a case on an administrative offense, the following must be indicated:

1) position, surname, name, patronymic of the judge, official, name and composition of the collegiate body that issued the decision;

2) the date and place of the hearing of the case;

3) information about the person in respect of whom the case has been considered;

4) the circumstances established during the consideration of the case;

5) an article of this Code or a law of a constituent entity of the Russian Federation that provides for administrative liability for committing an administrative offense or the grounds for terminating proceedings on a case;

6) reasoned decision on the case;

7) the term and procedure for appealing against the decision.

In a decision on a case on an administrative offense, questions about seized things and documents, as well as about things that have been seized, if they have not been or cannot be applied administrative punishment in the form of confiscation or seizure for compensation, must be resolved.

Wherein:

1) things and documents not withdrawn from circulation are subject to return to the rightful owner, and if it is not established, they are transferred to the ownership of the state in accordance with the legislation of the Russian Federation;

2) items withdrawn from circulation are subject to transfer to the appropriate organizations or destruction;

3) documents that are material evidence shall be left in the file during the entire period of storage of this case or, in accordance with the legislation of the Russian Federation, transferred to interested parties;

4) seized orders, medals, badges for honorary titles of the Russian Federation, the RSFSR, the USSR are subject to return to their rightful owner, if he is not known, sent to the Administration of the President of the Russian Federation.

A resolution on a case concerning an administrative offense issued by a collegiate body shall be adopted by a simple majority vote of the members of the collegiate body present at the meeting.

The decision on the case of an administrative offense is signed by the chairman of the meeting of the collegiate body, that is, the responsible secretary does not sign the decision on the case.

In this case, the chairman of the commission, his deputy or another member of the commission presiding at the meeting may be the chairman.

Is it obligatory to hand over a decision on an administrative offense immediately upon consideration against receipt, or can it be sent to the place of residence of minors within a week?

No. Because in accordance with Article 29.11, the decision on the case of an administrative offense is announced immediately after the end of the consideration of the case.

A copy of the decision is handed over against receipt to an individual or sent to him within 3 days.

At the same time, in order to save postage and time for sending the resolution, it is advisable to hand it over immediately at a meeting of the commission.

The order of adoption of the definitions of the commission.

In accordance with Part 2. articles 29.12. the ruling on the case of an administrative offense is adopted by a simple majority of votes of the members of the collegiate body present at the meeting.

The ruling shall be signed by the presiding judge in the case.

What is a presentation and when is it made?

Article 29.13. Representation of the elimination of the causes and conditions conducive to the commission of an administrative offense.

“When establishing the causes of an offense and the conditions conducive to its commission, the relevant authorities make submissions to the relevant organizations and relevant officials.”

A new type of documents appears in the activities of the CDN - a presentation.

If the Commission, considering the case of an administrative offense, found out that this was facilitated by any omissions at school, at the place of work, etc., the commission makes a presentation to those bodies to whom it concerns.

For example, the commission found out that the director of the school or teachers did not fulfill their duties and this led to the commission of an offense by a teenager. Therefore, the commission must send a submission to the appropriate official about this.

Relevant organizations, officials are obliged to consider the submission within a month from the date of its receipt and inform the commission about measures taken.

3.20. What are the requirements for the preparation of the minutes of the meeting of the commission.

If cases of administrative offenses are considered at a commission meeting, then the protocol of the commission meeting is drawn up in accordance with Article 29.8 of the Code of Administrative Offenses of the Russian Federation.

The minutes are signed by the chairman and secretary of the meeting. Those. not by the responsible secretary, but by the person who takes the minutes at the meeting of the commission.

What is the procedure for appealing the decisions of the commission.

Article 30.1. The right to appeal decisions in cases of administrative offenses.

A decision issued by a collegiate body may be appealed to the district court at the location of the collegiate body.

If the ruling is issued in a case of an administrative offense, it is appealed only to the district court.

In accordance with Art. 30.2. the complaint is submitted to the bodies that issued the decision on the case and which are obliged to send it to the court within three days from the date of receipt of the complaint.

Having received a complaint against the decision of the commission, the responsible secretary is obliged to submit this complaint with all the materials of the case to the court within 3 days.

An appeal against a decision on a case may be filed within 10 days from the date of delivery or receipt of a copy of the decision.

If the deadline for filing a complaint is missed, the commission is obliged to accept the complaint and send it to the court, which has the right to restore it at the request of the person filing the complaint.

Sentencing

General rules for imposing an administrative penalty (part 2 of article 4.1).

“When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his property status are taken into account”

Until 1.07.02 The Commission could not bring to justice in the form of a fine a teenager who does not have earnings or other income, but at present this can be done. At the same time, if a teenager aged 16 to 18 does not have independent earnings, then in accordance with Art. 32.2, part two, a fine may be imposed on his parents, about which an appropriate decision is made.

Appointment of administrative penalties for committing several administrative offenses.

“If a person has committed several administrative offenses, the cases of which are considered by the same body, the punishment is imposed only within the limits of one sanction” (Article 4.4).

What normative acts should be followed when issuing resolutions of the commission on the application of penalties in terms of determining the minimum amount of work?

What is the minimum wage for fines?

The amount of fines imposed by the commission is determined in accordance with Article 5 of the Federal Law "On the minimum wage" No. 82-FZ of 19.06.2000.

On 1.12.02. fines imposed by the commission are calculated at the rate of 100 rubles.

If Art. The Code of Administrative Offenses of the Russian Federation provides only fines, and it is not possible to collect them, is it possible, as an exception, in the operative part to refer to Art. Regulations on the commission, ignoring the Code of Administrative Offenses of the Russian Federation.

No. (For more details, see the stage of execution of the commission's decisions).

Enforcement of judgments imposing penalties

The period during which the fine must be paid voluntarily.

In accordance with Article 32.2. an administrative fine must be paid by a person brought to administrative responsibility no later than 30 days from the date the decision enters into force, that is, 10 days after its issuance, if it has not been appealed.

In the absence of independent earnings from a minor, an administrative fine is collected from his parents.

If the fine is not paid on time, the decision is sent to the organization in which the person works, studies. Or, if this is not possible, it is sent to the department of bailiffs.

Who monitors the implementation of the commission's decision.

In accordance with Art. 31.3 part 1, the appeal of the decision for execution is assigned to the body that issued the decision, i.e. for a commission.

If the decision to impose a fine was not appealed or protested within the established time limits, it is sent within 3 days to the place of work of the offender for recovery from wages or at the place of study to recover a fine from the scholarship (if any) or to the district department social security on retirement recovery

If an adult subjected to a fine has no earnings or no pension or any other income, then the decision is sent to the bailiff to recover the fine from the value of the property of the offender.

In accordance with Art. 31.5. Part 1 in the presence of circumstances due to which the execution of the decision to impose a penalty in the form of a fine is impossible within the established time limits, the commission may delay the execution of the decision for up to 1 month. Postpone, not release.

Taking into account the financial situation of the person held liable and in the presence of his appeal to the commission, the payment of the fine can be spread over a period of up to 3 months. Those. The commission must decide on the installment payment of the fine.

In accordance with Article 31.8. questions about the recovery of a fine imposed on a minor from his parents are considered within 3 days from the date of the occurrence of grounds for resolving the relevant issue.

Those. if the commission has imposed a fine on a minor, it later turned out that he cannot pay it, the commission has the right to decide on the collection of a fine from his parents. If any questions arise, you are obliged to consider these issues within 3 days from the date of the occurrence of such a reason, that is, the receipt of a statement from the parents that they consider it wrong that they imposed a fine on them for their son.

Persons interested in resolving these issues must be notified of the day of consideration of this issue.

If they do not appear without good reason, this does not prevent the consideration of the case on imposing a fine on the parents instead of their minor child.

A copy of the ruling is handed against a receipt to an individual, in the absence of these persons, a copy of the ruling is sent to him within 3 days from the date of its issuance, about which a corresponding entry is made in the case.

The decision on the issue of termination of the execution of the decision on the imposition of an administrative penalty is made in the form of a decision.

The period during which a person is considered subjected to administrative punishment.

A person who has been imposed an administrative penalty for committing an administrative offense in accordance with Article 4.6 of the Code of Administrative Offenses of the Russian Federation is considered subject to this penalty within one year from the date of the end of the execution of the decision to impose an administrative penalty.

After what period has elapsed, the decision to impose a penalty can no longer be executed.

Article 31.9. Limitation period for the execution of a decision on the imposition of an administrative penalty

1. The decision on the imposition of an administrative penalty is not subject to execution if this decision was not enforced in within one year from the date of its entry into force.

2. The limitation period provided for by paragraph 1 of this article is interrupted if the person brought to administrative responsibility evades the execution of the decision to impose an administrative penalty. In this case, the calculation of the limitation period is resumed from the day the specified person or his belongings, incomes are discovered, on which, in accordance with the decision on the imposition of an administrative penalty, an administrative penalty may be levied.

3. In the event of a delay or suspension of the execution of a decision to impose an administrative penalty in accordance with Articles 31.5, 31.6, 31.8 of this Code, the limitation period shall be suspended until the expiration of the deferment or suspension period.

4. In the event of an installment plan for the execution of a decision on the imposition of an administrative penalty, the limitation period shall be extended by the installment period.

In this way, until 1.07.02 it was impossible to execute a decision, for example, the imposition of a fine, if the commission did not levy it within 3 months from the date of its issuance.

Currently - it is impossible to levy execution for execution after 1 year from the moment of the end of the execution of the decision to impose a punishment.

Article 31.5. Postponement and installment execution

decisions on the imposition of administrative punishment

1. If there are circumstances due to which the execution of a decision on imposing an administrative penalty in the form of an administrative arrest, deprivation of a special right or in the form of an administrative fine (with the exception of the collection of an administrative fine at the place of committing an administrative offense) is impossible within the established time limits, the judge, body, official who issued the decision may postpone the execution of the decision for a period of up to one month.

2. Taking into account the financial situation of a person brought to administrative responsibility, the payment of an administrative fine may be spread by the judge, body, official who issued the decision for a period of up to three months.

Article 31.6. Suspension of execution of the decision

on the imposition of an administrative penalty

1. The judge, body, official who issued the decision on the imposition of an administrative penalty, suspend the execution of the decision in the event of a protest against the decision that has entered into legal force in the case of an administrative offense until the protest is considered. A decision is issued to suspend the execution of the decision, which, if necessary, is immediately sent to the body, to the official who enforces this decision.

When the decision of the commission is considered executed.

Article 31.10 lists the cases in which the order is considered to be executed. If the bailiff or the authorities at the place of work, or the Social Security Council cannot, for any reason, recover this fine, they are required to draw up an act about this.

Separate elements of offenses that cause problems when they are considered at a meeting of the commission.

Parental offenses

Article 5.35. Non-fulfillment by parents or other legal representatives of minors of obligations for the maintenance and upbringing of minors

Failure to perform or improper performance by parents or other legal representatives of minors of their obligations to support, educate, educate, protect the rights and interests of minors shall entail a warning or the imposition of an administrative fine in the amount of from one to five times the minimum wage.

From the article of the new Code of Administrative Offenses, such a qualifying sign as malicious evasion, that is, for any non-fulfillment or improper fulfillment by parents or legal representatives of the obligations for the maintenance, upbringing, education, protection of the rights of their minor children, they may be held liable.

The content and procedure for the fulfillment by parents and other legal representatives of minor duties referred to in this article is regulated by Art. 63-65, 80, 137, 147, 150, 152 RF IC and other regulatory legal acts. These duties are determined by the rights and interests of the child, which are the object of this offense. The interest of the child is his need to create the conditions necessary for proper upbringing, maintenance, education, preparation for independent life, and successful development.

The most important among parental rights is the right of parents to raise children, but at the same time it is their duty (Article 63 of the RF IC). The RF IC does not disclose in detail the content of parental rights and obligations, but the main areas of activity of parents are named. The main law recognizes the concern of parents for the health, physical, mental, spiritual and moral development of children. And how to carry out this care - the parents themselves decide.

Parents are given the freedom to choose the means and methods of raising their child, subject to the restrictions provided for in paragraph 1 of Art. 65 SKRF, namely:

a) Parents may not cause harm to physical or mental development child, his moral development;

b) methods of education should exclude neglect, cruel, rude, degrading treatment, insult or exploitation of the child. Parents or persons replacing them ensure that children receive basic general education, that is, education in the amount of 9 classes of a general education school (clause 4, article 43 of the Constitution of the Russian Federation).

The obligation of parents and other legal representatives of children to support minors means that they must provide for the needs of the child in food, clothing, leisure items, rest, treatment, etc., and it is performed, as a rule, voluntarily, without coercion. The law does not provide for any special conditions for the emergence of a maintenance obligation (for example, the availability of the necessary funds for the parents, the ability to work and legal capacity of the parents, etc.). The procedure and form of providing maintenance to minor children are determined by the parents independently.

Minor parents of a child may be held administratively liable for the above acts if they were sixteen years old at the time of the administrative offense (Article 2.3 of the Code of Administrative Offenses).

The reason for initiating a case on an administrative offense of parents and other legal representatives of minors are: messages and statements of individuals and legal entities, messages in the media mass media, materials from local authorities, government agencies, law enforcement. The basis for the administrative responsibility of parents (legal representatives) of minor children is their guilty illegal action (inaction), expressed in their failure to perform or improper performance of their duties for the maintenance, upbringing, education, protection of the rights and legitimate interests of minors.

An administrative offense may be committed by the parents (legal representatives) of a minor both intentionally and negligently. The form of guilt of parents (legal representatives) is taken into account when imposing an administrative penalty on them. When the functions of legal representatives of minor children are performed by the administration of an educational institution, then the subject of the administrative offense provided for by this article, respectively, the subject of administrative responsibility are specific officials of the educational institution who guiltyly failed to perform or improperly performed their official duties for the upbringing and maintenance of children (the head of the educational institution, his deputy, etc.). It should be borne in mind that a person brought to administrative responsibility is not required to prove his innocence, he is considered innocent until his guilt is proven and established in the manner prescribed by law (parts 2, 3 of article 1.5 of the Code of Administrative Offenses),

The imposition of an administrative penalty does not relieve parents or other legal representatives of minors from the performance of their duties for the upbringing and maintenance of children (part 4 of article 4.1 of the Code of Administrative Offenses).

Parents and other legal representatives of minors are not subject to administrative liability for failure to perform or improper performance of duties for the maintenance and upbringing of minors due to a combination of difficult circumstances (for example, a protracted family conflict, as a result of which the child is left to himself, etc.) and for other reasons, from not dependent on them (mental disorder, dementia or other morbid condition (state of insanity) - Article 2.8 of the Code of Administrative Offenses). In such cases, the commission for minors and the protection of their rights may file a lawsuit in court to take the child away from the parents (restriction of parental rights - Article 73 of the RF IC), and in relation to other legal representatives of minors (guardians, trustees, adoptive parents) materials of the administrative case to the body of guardianship and guardianship to resolve the issue of the removal of guardians (trustees) from performing their duties (Article 39 of the Civil Code of the Russian Federation), termination of the agreement with foster parents on the transfer of the child (children) to a foster family (Article 152 of the Civil Code of the Russian Federation) .

At the same time, the commissions should bear in mind that, unlike Article 164 of the Code of Administrative Offenses of the RSFSR, this article does not contain the responsibility of parents for the commission of offenses by their children, i.e. parents under this article can be held liable only in case of failure to comply or improper performance them of their duties.

If a minor under the age of 16 has committed any offense, this fact itself does not give grounds to hold parents accountable under this article.

Article 6.10. Involvement of a minor in the use of alcoholic beverages or intoxicating substances

1. Involving a minor in the use of alcoholic beverages or intoxicating substances - shall entail the imposition of an administrative fine in the amount of from five to ten times the minimum wage.

2. The same actions committed by parents or other legal representatives of minors, as well as by persons entrusted with the responsibility of educating and educating minors, -

shall entail the imposition of an administrative fine in the amount of from fifteen to twenty times the minimum wage.

What is an intoxicating substance and what complete list such substances?

This offense consists in the actions of the perpetrator, aimed at involving a minor in the use of alcoholic beverages or intoxicating substances (the list of these substances is not normatively established), the effect on the body of which is common features with the action of alcohol, especially in the sense of their influence on the central nervous system(methylated spirits, paints and varnishes, vapors of gasoline, acetone, etc.). These actions may be manifested in the offer or demand to perform an antisocial act (ie, to consume alcohol-containing drinks or intoxicants). Such proposals are expressed in the form of deception, i.e. incorrect information about any circumstances, promises to perform some actions in favor of the minor, in the form of a threat - intimidation by causing him or his relatives (relatives, friends) any harm.

The actions of the perpetrator are considered an offense regardless of how many times they were committed (once is enough), what effect the consumed drink or intoxicating substance had on the body (central nervous system) of the minor (light, medium, severe), how much alcoholic beverages or intoxicants were consumed substances.

The subject of the offense is a person who has reached the full age of 18, i.e. coming of age.

6.2. Juvenile delinquency

Article 6.8. Illegal acquisition or storage of narcotic drugs or psychotropic substances, as well as trafficking in their analogues

Illegal acquisition or storage without the purpose of sale of narcotic drugs or psychotropic substances, as well as circulation of their analogues -

shall entail the imposition of an administrative fine in the amount of from five to ten times the minimum wage.

Note. A person who voluntarily handed over acquired without the purpose of sale drugs or psychotropic substances, as well as their analogues, is exempted from administrative liability for this administrative offense.

What applies to narcotic and psychotropic substances and where can I find a complete list of these substances?

Substances of synthetic or natural origin, preparations, plants included in the List of narcotic drugs, psychotropic substances and their precursors (substances used in the production, manufacture and processing of narcotic drugs and psychotropic substances) are recognized as narcotic drugs; psychotropic substances - substances of synthetic or natural origin, drugs, natural materials, included in the specified List, approved by the Decree of the Government of the Russian Federation of June 30, 1998. No. 681.

For the consideration of cases under Art. 6.8 requires medical, pharmaceutical and other special knowledge, therefore, the internal affairs bodies must, in these cases, have an expert opinion.

Illegal acquisition of narcotic drugs or psychotropic substances refers to their purchase, acceptance as a gift, to repay a debt, in exchange, for storage and other methods of obtaining these substances associated with a violation of the rules for the acquisition of narcotic drugs and psychotropic substances by individuals established by Art. 25 of the Federal Law of January 8, 1998 "On Narcotic Drugs and Psychotropic Substances".

According to these rules, narcotic drugs and psychotropic substances individuals are dispensed only in pharmacies and health care institutions if they have a license for the specified type of activity. The order of leave is established by the Ministry of Health of Russia in agreement with the Ministry of Internal Affairs of Russia. Other ways of acquiring narcotic drugs and psychotropic substances by citizens are illegal.

Under the storage of narcotic drugs or psychotropic substances is understood the secret or open possession of them. Their storage in any quantities for purposes not provided for by the Federal Law "On Narcotic Drugs and Psychotropic Substances" is prohibited (part 2 of article 20).

Actions for the illegal acquisition or storage of narcotic drugs or psychotropic substances are qualified under Art. 6.8, if they are committed without the purpose of selling these substances (sale, exchange, debt repayment, pledge, etc.) and if they are purchased or stored in small quantities, although the commentary article does not mention the number of substances. This conclusion follows from the meaning of Part 1 of Art. 228 of the Criminal Code of the Russian Federation, which provides for criminal punishment for the illegal acquisition or storage without the purpose of selling narcotic drugs or psychotropic substances on a large scale.

Article 6.9. Consumption of narcotic drugs or psychotropic substances without a doctor's prescription

Consumption of narcotic drugs or psychotropic substances without a doctor's prescription, with the exception of cases provided for by paragraph 2 of Article 20.20, Article 20.22 of this Code - shall entail the imposition of an administrative fine in the amount of from five to ten times the minimum wage or administrative arrest for a term of up to fifteen days.

Note. A person who voluntarily applied to a medical institution for treatment in connection with the consumption of narcotic drugs or psychotropic substances without a doctor's prescription is released from administrative liability for this offense. A person who is recognized as a drug addict in accordance with the established procedure may, with his consent, be sent for medical and social rehabilitation to a medical institution and, in this regard, is exempted from administrative responsibility for committing offenses related to the consumption of narcotic drugs or psychotropic substances.

The offense is considered completed from the beginning of the person's consumption of these substances and therefore is of a formal nature. According to Art. 1 of the Federal Law of January 8, 1998 "On Narcotic Drugs and Psychotropic Substances" the consumption of narcotic drugs or psychotropic substances without a doctor's prescription is illegal. At the same time, for the legal assessment of the offense, the place in which the person consumes drugs, psychotropic substances or their analogues plays a role, so if he does it on the streets, stadiums, squares, parks, in a public vehicle, in other public places and he already turned 16 years old, then this act qualifies under Art. 20.20 of the Code of Administrative Offenses of the Russian Federation, if he consumes these substances in the above places and he is under 16 years old, the act is qualified under Article 20.22 of the Code of Administrative Offenses of the Russian Federation.

The act of a person over the age of 16 will be qualified under this article in cases where the consumption does not occur in the places specified in Art. 20.20 of the Code of Administrative Offenses of the Russian Federation (for example, at the home of a teenager, his friends or other persons).

At the same time, it does not matter at what time and in what way it happens (by inhalation, through the mouth, with a syringe) - the fact is important: taking (consumption) of drugs, psychotropic substances or their analogues without a doctor's prescription.

Analogues are substances of synthetic or natural origin, not included to the List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation, the chemical structure and properties of which are similar to the chemical structure and properties of narcotic drugs and psychotropic substances, the psychoactive effect of which they reproduce.

Article 6.11. Prostitution

Prostitution - shall entail the imposition of an administrative fine in the amount of from fifteen to twenty times the minimum wage.

The Code of Administrative Offenses of the Russian Federation does not provide a detailed explanation of the concept of prostitution. In this regard, when applying this definition, one has to proceed from various comments in this article. At the same time, different comments give different definitions of this offense, in particular, different definitions of the subject of this offense. Some authors believe that only female persons who have reached the age of 16 can be the subjects of an offense, others that both female and female persons can be the subject of an offense. male gender. The Commission, based on the need to protect the physical and moral condition of minors, recommends that the subjects of this act include persons who have reached the age of 16, both female and male.

When qualifying this act, it should also be taken into account that: prostitution is a type of socially deviant behavior, which is manifested by engaging in sexual intercourse for reward.

Prostitution is characterized by the following:

First, it implies a systematic action to extract material benefits from sexual intercourse. One-two sexual contacts on a reimbursable basis do not form a system and, therefore, cannot be qualified as prostitution.

Secondly, prostitution necessarily involves material gain. This is its fundamental (constitutive) feature. No material gain - no prostitution.

The amount of remuneration, its type (banknotes, securities, alcoholic beverages, household items, luxury, etc.) do not matter for qualification.

Engagement in prostitution is qualified under the article under consideration, if it is committed at the personal request. Involvement in prostitution through the use of violence or the threat of its use, blackmail, destruction or damage to property, or by deceit falls under the features of Art. 240 of the Criminal Code of the Russian Federation. The involvement of a minor in prostitution is punishable under Art. 151 of the Criminal Code of the Russian Federation, and the organization and maintenance of dens for prostitution - Art. 241 of the Criminal Code of the Russian Federation.

The subjective side of the offense is characterized only by direct intent.

Article 7.17. Destruction or damage to another's property

Deliberate destruction or damage to someone else's property, if these actions did not cause significant damage, - shall entail the imposition of an administrative fine in the amount of from three to five times the minimum wage.

Responsibility for such actions is provided for by administrative and criminal legislation.

Criminal liability (Article 167 of the Criminal Code of the Russian Federation) is established for the deliberate destruction or damage to someone else's property, which caused significant damage.

Intentional destruction or damage to someone else's property, which did not cause significant damage, entails administrative liability.

Thus, the difference between an administrative offense and a criminal offense lies in the amount of damage caused.

The degree of damage is determined by establishing the value of the destroyed or damaged property, as well as its significance for ensuring the life of economic and production activities.

Since the sign of “significant damage” is of an estimated nature, in some cases it is necessary to conduct an economic, technical or other examination to establish real damage.

A causal relationship must be established between the actions of the perpetrator and the damage.

Destruction or damage of someone else's property through negligence, even if it caused significant damage to the owner, does not entail administrative sanctions. In this case, there is civil liability for damages.

Destruction or damage of another's property on a large scale, committed by negligence, entails criminal liability under Art. 168 of the Criminal Code of the Russian Federation.

Article 7.27. petty theft

Petty theft of someone else's property by theft, fraud, misappropriation or embezzlement - entails the imposition of an administrative fine in the amount of up to three times the value of the stolen property, but not less than one minimum wage.

Note. Theft of other people's property is recognized as petty if the value of the stolen property does not exceed five minimum wages established by the legislation of the Russian Federation.

The general concept of theft is contained in Note 1 to Art. 158 of the Criminal Code of the Russian Federation.

According to the criminal law, embezzlement is understood as unlawful acts committed for mercenary purposes - gratuitous seizure and (or) conversion of another's property in favor of the guilty person or other persons, which caused damage to the owner or other owner of this property.

The subject of petty theft can be any property that has not been withdrawn from civil circulation. Therefore, the theft of, for example, weapons, ammunition or narcotic drugs and psychotropic substances for any amount is considered a crime and entails criminal liability.

For administrative responsibility, the amount of theft is of decisive importance. Petty theft in the period from 1.07.02. to 04.11.02 it was recognized that the theft in which the value of the stolen property did not exceed 5 minimum wages (2250 rubles), from 05.11.02 - petty theft is considered if the value of the stolen property does not exceed 1 minimum wage (450 rubles - as of the date of amendments to the Code of Administrative Offenses of the Russian Federation ).

Theft of someone else's property for a large amount or in ways not specified in this article entails criminal liability.

The objective side of petty theft is in such forms as theft, fraud, misappropriation or embezzlement.

Theft is the secret theft of someone else's property. At the same time, it should be secret not only for the victim, but also for other persons.

Fraud consists in stealing someone else's property or acquiring the right to someone else's property by deceit or breach of trust.

Assignment - retention of someone else's property entrusted to the guilty, with the intention of turning it into one's own favor.

Waste is consumption, alienation of someone else's property entrusted to the guilty.

The commission of petty theft in the form of robbery, i.e., the open theft of someone else's property, entails criminal liability.

If the seizure of someone else's property pursued the goal of its destruction, for example, on the motive of revenge, and did not cause significant damage to the victim, it is considered as an administrative offense under Art. 7.17 of the Code of Administrative Offenses (intentional destruction or damage to another's property).

The direction of intent should also be taken into account when delimiting petty theft as an administrative offense from an attempt on criminals, but - punishable theft. So, if a pickpocket instead of a wallet pulled out an old notebook of no material value from the victim, his actions should be qualified as an attempted theft under Part 3 of Art. 30 and part 1 of Art. 158 of the Criminal Code of the Russian Federation.

Article 11.18. Ticketless travel

1. Ticketless travel:

1) in a suburban train - shall entail the imposition of an administrative fine in the amount of one minimum wage;

2) in a local and long-distance train - shall entail the imposition of an administrative fine in the amount of two times the minimum wage;

3) on a ship of maritime transport of suburban lines or on a ship of inland water transport suburban traffic - entails the imposition of an administrative fine in the amount of one second of the minimum wage;

4) on a long-distance (transit) maritime transport ship or on a long-distance (transit) inland water transport ship - shall entail the imposition of an administrative fine in the amount of one minimum wage.

2. Stowaway flight on an air transport vessel - entails the imposition of an administrative fine in the amount of two minimum wages.

3. Ticketless travel in an intercity bus - entails the imposition of an administrative fine in the amount of one second of the minimum wage.

4. Carriage of children without a ticket, whose journey is subject to partial payment, - entails the imposition of an administrative fine in the amount of half the fine imposed on adult passengers for traveling without a ticket on transport of the corresponding type.

Article 19.3. Disobedience to a lawful order of a police officer, a military man, or an employee of the penitentiary system

Disobedience to a lawful order or demand of a police officer, a serviceman or an employee of the penitentiary system in connection with the performance of their duties of protecting public order and ensuring public safety, as well as obstructing the performance of their official duties - shall entail the imposition of an administrative fine in the amount of five to ten minimum wages or administrative arrest for up to fifteen days.

Disobedience to a lawful order or demand of a police officer, a serviceman or an employee of the penitentiary system, provided for by the commented article, prevents the normal activities of state bodies, the performance of government officials of their official duties to protect public order and ensure public safety.

Police officers include persons holding positions in the police who have been assigned special rank. To military personnel - officers, ensigns and midshipmen, cadets of the military educational institutions vocational education, sergeants, foremen, soldiers and sailors who entered military service under a contract; sergeants, foremen, soldiers and sailors who are conscripted for military service, as well as cadets of military educational institutions of vocational education before the conclusion of a contract.

In fulfilling the duties of protecting public order and ensuring public safety, they have the right to issue obligatory orders to citizens and relevant officials and make demands necessary to maintain law and order.

The orders of a police officer or a military man may consist of an indication of the need to follow a certain route (for example, when holding mass events) or to observe certain security measures (for example, when closing traffic in certain directions), present identification documents, etc. The composition of the offense provided for by the commented article is manifested in the refusal to comply with the persistent orders or demands of a police officer, or a military man, or in disobedience, expressed in a form that indicates a clear disrespect for the bodies and persons protecting public order.

The perpetrators are held accountable under Art. 19.3, if the orders or demands of a police officer or a serviceman were based on the prescriptions of the law and given or presented in the performance of their duties to protect public order. Therefore, if those specified in Art. 19.3 the actions did not take place in the performance of these persons' duties for the protection of public order, but in connection with the performance of any other legal activity, this offense will not be constituted.

The presence of a police officer or a serviceman in the performance of duties for the protection of public order must be evidenced by the presence of an established form of clothing, a badge or the presentation of an appropriate certificate,

FROM subjective side The offenses under consideration presuppose the existence of a direct intent on the part of the perpetrator.

So, for example, it does not constitute an offense to refuse to show a police officer an identity document or lack thereof, if the police officer’s requirement does not follow from the provisions of clause 2 and part 2 of clause 5 of Article 11 of the Federal Law “On Police” (Appendix No. 2)

Article 19.13. Knowingly false call to specialized services

Knowingly falsely calling the fire brigade, police, ambulance or other specialized services - shall entail the imposition of an administrative fine in the amount of from ten to fifteen times the minimum wage.

A deliberately false call (orally, in writing, through other persons) of specialized services consists of deliberately distorted, incorrect information and disrupts the normal functioning of the police, ambulance, EMERCOM of Russia (which includes the fire service), Mosgaz, and other repair and maintenance services.

The Code of Administrative Offenses does not establish a list of specialized services, in case of sending a deliberately false call to which a person may be subject to an administrative fine, which creates difficulties for an unambiguous interpretation of the objective side of the offense.

A deliberately false call to specialized services is a completed administrative offense from the moment when it became known to a specialized service (Emercom of Russia, police, ambulance, other repair and maintenance service).

This offense is committed only intentionally; the person who committed it is aware of the unlawful nature of his action, foresees its harmful consequences and desires their occurrence, or consciously allows or treats them indifferently. A good faith mistake excludes liability.

At the same time, a false report of a call that entails administrative liability should not have signs of a criminally punishable act under Article 207 of the Criminal Code of the Russian Federation "Knowingly false report of an act of terrorism" (in accordance with the commentary to Article 205 of the Criminal Code of the Russian Federation - Terrorism is one of the forms of criminal encroachment, which is based on the desire of the subject to sow fear, panic in others, paralyze the socially useful activities of citizens, the normal functioning of government and administration, and thereby achieve their anti-social goals.Terrorism is also a multi-objective crime. authorities, as well as on the life and health of citizens.With its frightening effect, terrorism is directed either to a wide, as a rule, indefinite circle of citizens, sometimes the population of entire cities and administrative regions, or to specific officials and authorities, endowed with the right to take organizational and managerial solutions ).

Article 19.15. Residence of a citizen of the Russian Federation without an identity card of a citizen (passport) or without registration

Residence or stay of a citizen of the Russian Federation who is obliged to have an identity card of a citizen (passport), without an identity card of a citizen (passport) or on an invalid identity card of a citizen (passport) or without registration at the place of stay or at the place of residence - entails a warning or the imposition of an administrative fine in up to one minimum wage.

In accordance with the Regulations on the passport of a citizen of the Russian Federation, the passport is the main identity document; it must have all citizens who have reached the age of 14, except for military personnel who have identity cards and military tickets issued by the command of military units and military institutions.

Living without a passport means that the person required to have this document , either did not receive it at all, or, having lost it, does not receive a new one.

A special case is living on an invalid passport. A passport that has fallen into obvious disrepair or does not have photographic cards or other details is recognized as invalid; which contains distorted or inaccurate data about the owner; issued to the surname, name, patronymic, which the person has changed. A fake passport is also invalid.

In accordance with the Law of the Russian Federation of June 25, 1993 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”, citizens of the Russian Federation are required to register at the place of stay and at the place of residence. The rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation and the list of officials responsible for registration were approved by the Decree of the Government of the Russian Federation of July 17, 1995 No.

Control over the observance by citizens and officials of the registration rules is entrusted to the internal affairs bodies. Registration and deregistration of citizens of the Russian Federation at the place of stay in a hotel, sanatorium, rest home, boarding house, campsite, tourist base, hospital, other similar institution are carried out upon his arrival and departure by the administration of the corresponding institution.

Citizens who have arrived for temporary residence in residential premises that are not their place of residence for a period of more than 10 days are required to apply to the relevant officials for registration within 3 days from the date of arrival and submit the necessary documents - a passport, an application in the prescribed form, a contract of hiring (sublease), lease (sublease) of a dwelling or an application of a person providing a citizen with a dwelling. Registration authorities within 3 days from the date of receipt of documents register such citizens and issue them a certificate of registration.

In accordance with federal law, the right of citizens to freedom of movement, choice of place of stay and residence within the Russian Federation may be limited: in the border zone; in closed military camps; in closed administrative-territorial formations; in zones of ecological disaster; in territories where a state of emergency has been introduced, etc. It is impossible to recognize as an offense living without a passport if a citizen has a different document that replaces a passport. Such identity documents and necessary for registration are: birth certificate, foreign passport, identity card - for military personnel (officers, ensigns, midshipmen), military ID - for soldiers, sailors, sergeants and foremen who are serving in the military conscription or contract; certificate of release from places of deprivation of liberty, other documents issued by internal affairs bodies proving the identity of a citizen.

It is impossible to recognize as an offense the absence of a passport with a citizen if he is not in the border zone; in closed military camps; in closed administrative-territorial formations; in zones of ecological disaster; in territories where a state of emergency has been introduced (because not a single regulatory act of the Russian Federation provides for such a duty of citizens), as well as residence without registration if he is outside his place of permanent residence for less than the period established by the above-mentioned regulatory acts.

Article 20.1. Petty hooliganism

Petty hooliganism, that is, obscene language in public places, insulting harassment of citizens or other actions defiantly violating public order and peace of mind of citizens - .

Petty hooliganism is characterized by active, immoral, cynical acts. The immorality of the offender is manifested in the desire to offend, humiliate a citizen he does not know (insulting harassment) or achieve the same harmful effect by using profanity (obscene language).

Abusive harassment is characterized by bold, intrusive actions of the offender, inflicting on the citizen moral injury. The offender is characterized by the malignity of actions, their repeated repetition.

As a rule, petty hooliganism should include the specified actions committed in public places (on the streets, squares, in public institutions, on transport, in public catering establishments, etc.) in relation to passers-by and visitors, other unfamiliar or unfamiliar people .

It is impossible to qualify as petty hooliganism actions based on personal hostile relations and committed in everyday life or at work. However, in some cases, such actions reflect the composition of petty hooliganism, if they contain a direct intent to violate public order.

It is not petty hooliganism to cope with natural needs in unspecified places, if there are no signs of demonstrativeness or ignoring the dignity of other citizens.

Petty hooliganism differs from hooligan actions punishable under Part 1 of Art. 213 of the Criminal Code of the Russian Federation, a lesser degree of violations of public order and peace of mind of citizens (see Explanations of the Plenum of the Supreme Court of the Russian Federation, contained in the resolution of December 24, 1991 No. 5 "On judicial practice in cases of hooliganism" (as amended by the Resolutions of the Plenum of the Supreme Court of the Russian Federation dated December 21, 1993 No. 11, dated October 25, 1996 No. 10).

Punishment in the form of administrative arrest is not applied to minors.

Article 20.3. Demonstration of fascist paraphernalia or symbols

Since July 30, 2002 this article has changed its name and content: "Propaganda and public demonstration of Nazi paraphernalia or symbols.

Propaganda and public demonstration of Nazi paraphernalia or symbols, or paraphernalia or symbols similar to Nazi paraphernalia or symbols to the degree of displacement,

shall entail the imposition of an administrative fine in the amount of five to ten times the minimum wage with confiscation of Nazi or other specified paraphernalia or symbols, or administrative arrest for up to fifteen days with confiscation of Nazi or other specified paraphernalia or symbols.

Article 20.17. Violation of access control of a guarded object

Unauthorized entry into a duly protected facility - shall entail the imposition of an administrative fine in the amount of three to five times the minimum wage.

From the objective side, unlawful actions are expressed in unauthorized entry into an object protected in the prescribed manner.

The federal law of April 14, 1999 "On departmental protection" defines a protected object, access control.

In relation to the commented article, a protected object means buildings, structures, territories and water areas adjacent to them, vehicles that are subject to protection from unlawful encroachments.

Access control is a procedure provided by a set of measures and rules that exclude the possibility of uncontrolled entry of persons, entry of vehicles, entry and import of property to protected facilities.

It cannot be an offense to enter an object, the restriction on access to which is established without legal grounds, for example: it is not legal to introduce the so-called “face control”, determine the sexual, political and other orientation of a citizen, etc. in case of permission (denial of permission) for access to institutions and organizations that provide services under a public contract.

Article 20.20. Drinking alcoholic and alcohol-containing products or using narcotic drugs or psychotropic substances in public places

Drinking alcoholic and alcohol-containing products on the streets, stadiums, squares, parks, in a public vehicle, in other public places, with the exception of trade and public catering organizations in which the sale of alcoholic products in bottling is allowed, - entails the imposition of an administrative fine in the amount of three to five times the minimum wage.

Consumption of narcotic drugs or psychotropic substances without a doctor's prescription or consumption of other intoxicating substances on the streets, stadiums, squares, parks, in a public transport vehicle, in other public places - shall entail the imposition of an administrative fine in the amount of from ten to fifteen times the minimum wage.

Note. For the purposes of Part 1 of this article, alcoholic and alcohol-containing products mean products with a volume content of ethyl alcohol of more than 12 percent. .

From the objective side, illegal actions are expressed in drinking alcohol and alcohol-containing products in public places; in the consumption of narcotic drugs or psychotropic substances without a doctor's prescription or the consumption of other intoxicating substances in public places.

Based on the meaning of the note to this article, neither beer, nor varieties of wines, tinctures, liqueurs, etc., belong to alcoholic and alcohol-containing products. drinks containing less than 12 percent ethanol.

Intoxicating substances - see the commentary to Art. 6.10.

To bring citizens to administrative responsibility for the offense in question, the very fact of drinking alcoholic and alcohol-containing products (except for the premises of trade and public catering organizations where the sale of alcoholic products and bottling is allowed), as well as the consumption of narcotic drugs, psychotropic, and other intoxicating substances in in public places.

Public places include, in addition to those listed in the commented article, yards, entrances, stairwells, attics, basements, elevators in residential buildings, theaters, palaces of culture, beaches, etc.

Article 20.21. Appearing in public places while intoxicated

Appearing on the streets, stadiums, squares, parks, in a public transport vehicle, in other public places in a state of intoxication that offends human dignity and public morality - shall entail the imposition of an administrative fine in the amount of from one to five times the minimum wage or administrative arrest for up to fifteen days.

From the objective side, illegal actions are expressed in the appearance in public places in a state of intoxication. At the same time, it does not matter where alcoholic, alcohol-containing products were used, other means listed above - at a party, restaurant, etc.

A feature of the objective side of this composition is that a citizen is in a public place not just in a state of intoxication, but in a state of intoxication, which offends human dignity and public morality (unpleasant appearance, causing disgust and disgust, dirty, wet clothes;, being in a public place in an insensible (lying) state, etc.).

Therefore, in the case file on an administrative offense, it must be mandatory to indicate what the insult was expressed human dignity and public morality. It does not matter how this person brought himself, or who brought him to intoxication.

Article 20.22. The appearance of minors in a state of intoxication, as well as their drinking of alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places

The appearance of minors under the age of sixteen in a state of intoxication, as well as their drinking of alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances without a doctor's prescription, other intoxicating substances on the streets, stadiums, in squares, parks, in a public vehicle, in other public places - shall entail the imposition of an administrative fine on parents or other legal representatives of minors in the amount of from three to five times the minimum wage.

Responsibility of the legal representatives of a minor (under the age of 16) occurs when he is in a public place:

Appears in a state of intoxication;

Drinks alcoholic and alcohol-containing products;

Consumes narcotic drugs or psychotropic substances without a doctor's prescription, other intoxicating substances.

At the same time, the commissions should keep in mind that in order to hold accountable for the appearance of a teenager in a drunken state, the degree of intoxication does not matter, because. the presence of any degree of intoxication already forms an offence.

How to determine the presence of alcohol or alcohol in a named product.

Due to the fact that this article does not contain a note similar to the note to Article 20.20 of the Code of Administrative Offenses of the Russian Federation and does not contain reference norms to other regulations, then alcoholic products should be understood as any products containing alcohol or alcohol. The presence or absence of alcohol or alcohol is determined either by examination (if the product is homemade) or by information on the label (if the product is industrial production).

At the same time, for the qualification of an act on this basis, the amount of alcohol or alcohol contained in the product does not matter.

The commissions should pay attention to the fact that the composition of the offense takes place only if the appearance in a drunken state, drinking alcoholic and alcohol-containing products, etc. took place in a public place (see commentary to Art. 20.20), i.e. if the above actions were committed by a teenager in residential premises, at home or with other persons, then they are not subject to this article.

Offenses of others

Article 6.7. Violation of sanitary and epidemiological requirements for the conditions of education and training

Violation of sanitary and epidemiological requirements for the conditions of education and training, for technical, including audiovisual, and other means of education and training, educational furniture, as well as for textbooks and other publishing products - shall entail the imposition of an administrative fine on officials in the amount of twenty to thirty minimum wages; for legal entities - from two hundred to three hundred times the minimum wage.

The actions (or inaction) provided for in this article violate the sanitary and anti-epidemic requirements for the conditions of education, training, various technical and other means of the educational and educational process, including printing products, and thereby encroach on the health and life of children of different ages and persons to a certain extent. covered by different forms of education.

The basic requirements for the conditions of education and training of citizens are fixed in Art. 28 of the Federal Law of March 30, 1999 "On the sanitary and epidemiological well-being of the population." In preschool and other educational institutions, regardless of organizational and legal forms, measures should be taken to prevent diseases, including measures to improve the health of students and pupils, organize their nutrition, comply with the requirements of sanitary legislation. Programs, methods, regimes, as well as technical and other means of education and upbringing, including furniture, textbooks, etc., are allowed to be used if there is a sanitary and epidemiological conclusion on compliance with their sanitary rules.

Sanitary rules, norms and hygienic standards are developed and approved by the relevant organizations of the State Sanitary and Epidemiological Service.

Centers for State Sanitary and Epidemiological Surveillance monitor the implementation of hygienic and anti-epidemic measures, sanitary rules, norms and hygienic standards in the education and training of citizens .

The subject of the offense under consideration is either an official or a leader (for example, a preschool or school institution, a computer club, etc.).

Legal entities - enterprises, organizations conducting construction and repair work for preschool and educational institutions, producing toys, furniture, equipment, educational devices, textbooks and other printing products for them, supplying audiovisual and other technical means used in education and training educational process, are obliged to ensure the compliance of their products with sanitary norms and rules. In case of non-compliance with this requirement, the enterprise becomes the subject of the offense in question.

The subject of the offense may be the authorized body for education, which sent to subordinate organizations programs, methods, modes of education, education, training that were not approved by the body of the state sanitary and epidemiological service, if they do not comply with sanitary rules.

A protocol on an administrative offense under this article is drawn up by officials of the relevant centers of state sanitary and epidemiological surveillance, as well as in accordance with Part 2 of Article 28.3 of the Code of Administrative Offenses and internal affairs bodies (police). Members of the commission, having revealed the violation provided for by this article, do not have the right to draw up administrative protocols. At the same time, the commission for minors and the protection of their rights, having identified the relevant violations, has the right to send instructions to the bodies authorized to draw up protocols under the named article.

Cases on these offenses are considered by the chief state sanitary doctor or his deputy.

Article 14.16. Violation of the rules for the sale of ethyl alcohol, alcoholic and alcohol-containing products

Violation of other rules for the retail sale of alcoholic and alcohol-containing products - shall entail the imposition of an administrative fine on officials in the amount of from thirty to forty times the minimum wage with or without confiscation of alcoholic and alcohol-containing products; on legal entities - from three hundred to four hundred times the minimum wage with or without confiscation of alcoholic and alcohol-containing products.

The object of the administrative offenses provided for in this article is the procedure for the sale of ethyl alcohol, alcoholic and alcohol-containing products.

The objective side of the offense under part 3 of this article is a violation of the rules for the retail sale of alcoholic and alcohol-containing products that are not covered by parts 1 and 2. These may be the rules established in the Federal Law of November 22, 1995 "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products” (as amended on December 29, 200! Vol.). For example, the retail sale of alcoholic products in children's, educational, religious and medical institutions and in the territories adjacent to them is not allowed; persons under the age of 18.

Retail sale of alcoholic beverages with an ethyl alcohol content of more than 12% by volume is not allowed. finished products in crowded places of citizens and sources of increased danger, as well as in stalls, kiosks, tents, pavilions, containers, premises not adapted for the sale of these products, in wholesale food markets and in the territories adjacent to them. Organizations engaged in the retail sale of alcoholic products in cities with an ethyl alcohol content of more than 13% of the volume of finished products must have stationary trading and storage facilities with a total area of ​​at least 50 square meters, burglar alarm, safes for storing documents and money.

Cases of offenses under part 3 of this article are considered by the state inspection bodies for trade, quality of goods and consumer protection, as well as bodies exercising control over the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products (Articles 23.49, 23.50 of the Code of Administrative Offenses). These bodies have the right to refer the case of an administrative offense to a judge.

Article 19.6. Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense

Failure to take measures to eliminate the causes and conditions that contributed to the commission of an administrative offense by decision (representation) of the body (official) that considered the case of an administrative offense - shall entail the imposition of an administrative fine on officials in the amount of from three to five times the minimum wage.

One of the tasks of proceedings in cases of administrative offenses is to identify the causes and conditions that contributed to their commission. The commission, when establishing the causes of an administrative offense and the conditions that contributed to its commission, submits to the relevant organizations and relevant officials a proposal to take measures to eliminate the specified causes of the conditions.

Organizations and officials are obliged to consider the submission within a month from the date of its receipt and report on the measures taken to the commission.

The subjects of the offense are officials whose competence includes the adoption and implementation of measures to eliminate the causes and conditions that contributed to the commission of an administrative offense, specified in the decision (representation) of the body (official) that considered the case of an administrative offense.

Cases of administrative offenses under Art. 19.6. considered by the judges.

Article 19.7. Failure to provide information (information)

Failure to submit or untimely submission to the state body (official) of data (information), the submission of which is provided for by law and is necessary for the implementation of this body (official) of its legal activities, as well as submission to the state body (official) of such data (information) in incomplete or in a distorted form, with the exception of cases provided for in Articles 19.8, 19.19 of this Code - shall entail the imposition of an administrative fine on citizens in the amount of from one to three times the minimum wage; for officials - from three to five times the minimum wage; for legal entities - from thirty to fifty minimum.

Various federal laws, incl. The regulation on commissions for minors, approved by the Decree of the Presidium of the Supreme Soviet of the RSFSR of 03.06.1967, establishes the obligation of citizens, officials, legal entities to submit to the state body (official) the information (information) necessary for the implementation by this body (official) his legal activities.

On the objective side, the offense in question is expressed both in an action consisting in the untimely submission of information, the provision of information in an incomplete or distorted form, and in inaction - failure to provide information, with the exception of cases provided for in Art. 19.8, 19.19 of the Code of Administrative Offenses.

The subject of the offense are citizens, officials and legal entities who are obliged by federal laws to submit to the state body (official) information (information) necessary for the implementation of this body (official) of its lawful activities.

Protocols are drawn up by officials of bodies authorized to consider cases of administrative offenses, officials of federal executive bodies, their institutions, structural divisions and territorial bodies, as well as other state bodies in accordance with the tasks and functions assigned to them by federal laws or regulatory legal acts The President of the Russian Federation or the Government of the Russian Federation, i.e. members of the commissions do not have the right to draw up these protocols, however, the commission has the right to send an order for drawing up the protocol to the authorized body (as a rule, to the internal affairs bodies).

civil

Essence of the dispute: 3.016 - Chap. 22 of the CAS RF -> on challenging decisions, actions (inaction) ... -> other (on challenging decisions, actions (inaction) of local governments)

SOLUTION

In the name of the Russian Federation

Osinsky District Court of the Irkutsk Region composed of: the presiding judge Silyavo Zh.R., with the secretary of the court session Khatagarova E.I.,

with the participation of the administrative plaintiff Sharagulova E.P., acting in the interests of the minor son FULL NAME2, year of birth, her representative lawyer Makarova E.P., who submitted certificate No. .... and warrant No. ... dated,

representatives of the administrative defendant - the Commission on juvenile affairs and the protection of their rights administration Osinsky municipal district Baldykhanov V.GN. and Kholodkova N.V., acting on the basis of powers of attorney,

interested person FULL NAME12,

having considered in open court the administrative case No. 2a-57/2017 on the administrative claim of Sharagulova E.P., in defense of the minor FULL NAME2, ... birth, to the Commission on juvenile affairs and the protection of their rights of the administration of the Osinsky municipal district on the abolition of resolution No. .... from the registration of a minor in a socially dangerous situation with the data bank of the Irkutsk region on families and minors in a socially dangerous situation,

INST A N O V&L:

Sharagulova E.P., legal representative of a minor FULL NAME2, applied to the Osinsky District Court with an administrative statement of claim against the administrative defendant of the Commission on juvenile affairs and the protection of their rights of the administration of the Osinsky District Municipality to cancel the decision of the Commission on juvenile affairs and the protection of their rights of the administration of Osinsky of the municipal district on the abolition of resolution No. .... dated on the registration of a family and (or) a minor in a socially dangerous situation with the Data Bank of the Irkutsk Region on families and minors in a socially dangerous situation, indicating the following:

By the Decree of the KDN and the ZP of the administration of the MO "Osinsky District" No. .... from her minor son, full name 2, year of birth, registered in the Data Bank on families and minors in a socially dangerous situation. Considers this decision illegal and unreasonable for the following reasons.

So, as indicated by the administrative plaintiff, between the son of the administrative plaintiff, FULL NAME2, and FULL NAME5 there was a mutual fight. In initiating a criminal case against the son of the administrative plaintiff under Art. , was refused due to the lack of corpus delicti, which is a rehabilitating ground (paragraph 2 of part 1 of Art.).

According to the decision to refuse to initiate a criminal case, issued by Art. Inspector GDN OUUP and PDN police department (deployment p.Osa) MO MVD Russia «Bokhansky» FULL NAME6 not established that the actions of her son FULL NAME2 were intentional. From the explanations of her son it follows that in the lesson of physical education between him and FULL NAME7 there was a conflict, which later developed into a mutual fight. At the same time, the first blow in the face struck FULL NAME7, her son did not want to fight with him. These circumstances are confirmed by the explanations of the guys who were directly in the locker room of the school at the time of the quarrel.

The administrative plaintiff points out that from 2001 to the present, neither her son nor their family have been in the field of view of law enforcement agencies, they have not been examined at administrative commissions, the son is characterized positively both by teachers and classmates, friends. The administrative plaintiff indicates that her son is a benevolent, polite child, always ready to help. The above incident happened for the first time. In this connection, she believes that her minor son was registered as being in a socially dangerous situation illegally.

I DECIDED:

Administrative statement of claim Sharagulova EP, in defense of a minor FULL NAME2, ..., satisfy.

Cancel the decision of the Commission on juvenile affairs and protection of their rights of the administration of the Osinsky municipal district No. .... dated on the registration of a minor with full name 2, year of birth, registered with the Data Bank of the Irkutsk Region on Families and Minors in a Socially Dangerous Situation.

To impose on the Commission for Juvenile Affairs and the Protection of their Rights of the Administration of the Osinsky Municipal District the obligation to exclude the minor FULL NAME2, year of birth, from the Data Bank of the Irkutsk Region on families and minors in a socially dangerous situation.

The decision can be appealed on appeal to the Judicial Collegium for administrative affairs Irkutsk Regional Court through the Osinsky District Court of the Irkutsk Region within one month from the date of the final decision of the court.

The decision of the court of first instance, adopted in this case, may also be appealed to the court of cassation within six months from the date the decision on the case enters into legal force, provided that other methods of appealing against a judicial act established by this Code have been exhausted before the day it enters into force. legal force.

Judge Osinsky District Court Zh.R. Silyavo

Court:

Osinsky District Court (Irkutsk Region)

Judges of the case:

Silyavo Zhanna Rafailovna (judge)

Litigation on:

beating

Arbitrage practice on the application of Art. 116 of the Criminal Code of the Russian Federation