In order to avoid liability for the imposition of an administrative fine, let's figure out in what cases penalties are applied. You should know that administrative responsibility arises when a violation is clearly established, that is, an administrative violation has been committed. The purpose of imposing a fine is to re-educate the offender and force him to avoid further violations in the future. But the subjective point of view of the authorized person is not always legitimate, therefore it is important to be able to correctly respond to the situation and know how to avoid an administrative fine.
It is necessary
A resolution or protocol on the recovery of a fine
Instructions
Step 1
What actions fall under the definition of an administrative offense. Administrative responsibility shall be borne by persons who by their actions (inaction) have infringed on the rules of public order, the established order of administration, the rights and freedoms of citizens, personal property, for which, according to the legislation, an administrative penalty is provided. But, if there is no guilt in the action (inaction) or administrative liability is not provided for by law, it is impossible to punish with an administrative fine.
Step 2
Circumstances that occurred out of necessity, in a situation where necessary defense is being carried out and when a person is not subject to jurisdiction, do not fall under administrative prosecution.
Step 3
It is possible to appeal or avoid the imposition of an administrative fine in cases where violations were committed during the imposition, namely, when drawing up a protocol on the violation. Without such a protocol, the imposition of a fine is illegal. You can refuse to sign the protocol, in such cases a corresponding mark is put in it, but at the same time, written reasons for refusal can be posted, as an attachment to the protocol.
Step 4
One of the important points is the statute of limitations for imposing an administrative fine. Be aware that if 2 months have passed from the moment of the committed action, the possibility of imposing administrative responsibility is excluded. When considering a case on the imposition of an administrative fine, you must be present and be notified in advance of the meeting. If you are not informed of an upcoming review, the law requires you to be exempted from paying the fine.
Step 5
There is a procedure according to which a decision on an administrative offense can be appealed. You file your complaint within 10 days of the date the decision was made to the administrative committee, to the executive committee meeting, or to the court. It must be considered within 3 days, and then the decision on the declared appeal is sent to the plaintiff and to the authority that imposed the administrative penalty. While the complaint is being considered, the fulfillment of obligations to pay an administrative fine is suspended.
