Administrative violations are violations that infringe on state and public order, as well as on the norms and rules established by local self-government bodies. To be able to defend your rights, you need to know the procedure and terms for considering cases of administrative offenses.
An administrative violation can be committed intentionally and through negligence. In the first case, the offender foresees all the negative consequences of his act and commits it precisely for the purpose of their occurrence. In the second case, the violation is committed out of ignorance or due to excessive arrogance, when a person realizes the possibility of harmful consequences, but believes that he can avoid them.
Persons who have reached the age of 16 can be held administratively liable. Those who are not yet 18 years old, taking into account the circumstances of the case, can be exempted from administrative liability by the commission on minors' affairs.
Having received a case on an administrative offense, the body or official competent to consider it must make a decision within 15 days. If the case is being considered by a judge, he is obliged to consider it within two months from the date of receipt of all materials. Upon receipt of petitions from the participants in an administrative offense case or in a situation where all the details of the incident have not been fully clarified, the consideration period may be extended by one month.
Administrative violations falling under articles 5.1 - 5.25, 5.45 - 5.52, 5.56, 5.58 of the "Code of the Russian Federation on Administrative Offenses" are considered by a judge within five days, extension of the period for consideration is not allowed. In this case, we are talking about offenses that infringe on the rights of citizens.
If we are talking about an administrative violation, for which an administrative arrest or expulsion is provided, the case is considered on the day of receipt of the protocol on the violation. In the event of the arrest of the offender, the period for consideration may not exceed 48 hours.
In a situation where an administrative violation provides for the termination, temporary suspension or prohibition of the activity of a legal entity, the period for considering the case is 7 days.
Sometimes citizens who have committed an administrative offense try to avoid punishment by avoiding being served with a subpoena. You need to know that the case can be considered without their participation. It is sufficient for the court to send a summons to them.
In the event that the notice of the date of the court session was indeed late, coming the next day after the decision was made, you should leave a statement in the mail indicating that the notice came late and receive a certificate from the postal workers about the acceptance of the application. Next, you should go to court with her, and your case will be sent for a new trial. If you have not received a notice at all, you can appeal the decision of the court to a higher instance.
