From the moment of drawing up a protocol on an administrative offense (hereinafter referred to as the protocol), an administrative offense case is considered to be initiated. The protocol is drawn up by an authorized official, and its content must comply with article 28.2 of the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses of the Russian Federation).
Instructions
Step 1
The minutes shall indicate the date and place of drawing up the minutes; position, surname, initials of the person who made the protocol; information about the person in respect of whom the protocol was drawn up; surnames, first names and patronymics, addresses of the place of residence of witnesses, victims, if any; place, time of commission, event of an administrative offense; article of the Code of Administrative Offenses of the Russian Federation or the law of a constituent entity of the Russian Federation, establishing administrative responsibility for this offense; explanation of an individual or a legal representative of a legal entity (if the case is initiated against a legal entity); other information required to resolve the case.
Step 2
The official who compiled it is responsible for the correctness of the protocol. Surprisingly, as practice shows, errors in the protocol are more the rule than the exception. The person in respect of whom the protocol has been drawn up has the right to get acquainted with it (Article 25.1 of the Administrative Offenses Code of the Russian Federation), but there is no obligation to control the correctness of its drawing up. Therefore, if, while familiarizing yourself with the protocol, you notice such errors as the incorrect indication of the date or place of drawing up the protocol, errors in the spelling of your surname, first name, patronymic, address, errors in indicating the place and time of the administrative offense, do not rush to point them to the person who drew up the protocol … You can point to them later, when considering an administrative offense case, to the official or judge who will consider your case. Considering that the protocol is often the main evidence of an administrative offense (part 2 of article 26.2 of the Administrative Code of the Russian Federation), in case of gross errors in it, bringing to administrative responsibility becomes impossible.
Step 3
However, the correctness of some of the information in the protocol should still be checked in their own interests. First of all, carefully read the description of the event of an administrative offense and if the described, in your opinion, is somewhat untrue, verbally draw up the attention of the person who drew up the protocol. Secondly, check the spelling of the surname, first name, patronymic, address of the place of residence of witnesses who can testify in your favor (for example, friends who were with you, relatives who know something about the case). The remaining blank lines of this column should be crossed out. Thirdly, if the protocol contains a column "Injives" or "Dependents (number of people)", ask to fill out or fill in this column yourself, if you really have dependents. Also ask to fill in the column in which you can indicate that you were not previously brought to administrative responsibility. A judge or a person considering a case on an administrative offense may recognize these circumstances as mitigating (part 2 of article 4.2 of the Administrative Code of the Russian Federation).
Step 4
The most important point you should focus on is "the explanation of the person against whom the administrative violation case is being filed." Since at the place of committing an administrative offense during the drawing up of the protocol, a person, as a rule, is in a state of strong emotional excitement, it is difficult to collect thoughts and competently formulate arguments in their favor. It is better to confine ourselves to a short phrase "I do not agree with a sane offense." Free lines of the specified item (columns) should be crossed out in order to avoid various additions. Later, when preparing for the consideration of an administrative offense case, you will be able to fully and balancedly formulate arguments in your defense and submit them in writing to a judge or a person considering an administrative offense case.
Step 5
On the contrary, if you are ready to give detailed explanations on the case and the three lines allocated for this in the minutes are not enough for you, you have the right to write your explanations on a separate sheet (s) and attach them to the minutes. In this case, a note should be made in the appropriate column in the protocol, for example: “explanations on 2 sheets are attached”.
Step 6
It is pointless to refuse to sign the protocol on an administrative offense, since whether you sign it or not is not decisive. If you refuse to sign, the official who drew up the protocol will simply record the fact of your refusal in the protocol. This will not affect the course of the administrative offense case.
