The timeframe for drawing up a protocol on an administrative offense is one of the time limitations established by law for officials. Their goal is to protect the rights and interests of persons affected by the proceedings. Consider how they are implemented in practice.
Normative regulation
The timeframe for drawing up a protocol on an administrative offense is regulated exclusively by the rules of the Code of Administrative Offenses. Regardless, responsibility for the act is established by the code or law adopted by the representative body of the region. Here the rules are one.
The rules on terms cannot be established by any other acts either.
Protocol value
The timeframe for drawing up a protocol on an administrative offense is the time allotted for the compilation of a protocol by an authorized person. The rules on terms are important, because with the protocol, virtually any administrative case begins. He is the basic element of almost any business. If there are violations during its preparation, the judge or other body considering the case may make a decision in favor of the person involved.
Regarding deadlines, missing them can also have serious consequences for the case. The expiration of the deadlines leads to the termination of the proceedings.
Protocol Structure
Regardless of which department developed a sample protocol on an administrative offense, its structure is the same:
- date and place of writing;
- position, surname, initials of the originator;
- passport data of the person involved or information about the organization (name, address and legal form);
- F. I.O. and place of residence of witnesses and victims;
- place, time and description of the event;
- article of a code or regional law on administrative responsibility;
- explanations of the persons involved;
- a note that the rights and obligations have been clarified;
- a note on the transfer of a copy of the protocol;
- signatures of an official and a person held accountable.
Despite the uniform structure, forms are issued in different ways.
Who is responsible for compiling the protocol
Art. 28.3 indicates the list of bodies, officials, who are the persons compiling the protocol on administrative offenses. A specific list of persons authorized to draw up the protocol is established by departmental regulations. The same principle applies to officials who draw up protocols for violations provided for by regional laws.
General Terms
According to the Code of Administrative Offenses, an administrative offense report is drawn up immediately after the misconduct is revealed.
If it is not possible immediately to find out a sufficient amount of information about a citizen or an organization-violator, the document is prepared in no more than 2 days.
How is the administrative offense protocol compiled? Following the model developed by employees or departmental lawyers. For an official, the reason to act is the job regulations or the order of the head on the transfer of authority to draw up the protocol.
Investigation duration
It is allowed to appoint in the cases listed in Art. 28.7 Administrative Code. In addition to belonging to the designated list, the case requires examination and other procedural actions that take a lot of time.
The official who discovered the violation immediately makes a decision to open the proceedings, and a copy is sent to the person who is being held accountable, or his representative. The investigation lasts 1 month from the date of the determination of its beginning.
In some situations, it is allowed to extend the investigation time from 1 to 6 months.
Upon completion of the investigation, a protocol is drawn up or the case is completely terminated.
Features of the actions of the prosecutor
The law presupposes not only the compilation of a protocol on an administrative offense. The prosecutor, having discovered violations of the Constitution and laws in the cases indicated in the Code of Administrative Offenses, makes a decision to start the proceedings.
The code states that it must fully comply with the protocol requirements. The prosecutor is also limited in time by the time of drawing up the protocol on an administrative offense. In fact, the decision of the prosecutor is equivalent to the protocol.
Simplified Production
In the case of violations that are punishable by a fine or warning, a protocol may not be drawn up. Instead, a decision is immediately drawn up. The minutes are drawn up if the person brought to responsibility lodges a complaint against the decision. Since the decision was not made by a judge, a complaint with the attached materials is transmitted to a higher authority within 3 days, during which time the law requires a protocol to be drawn up.
What to do if you disagree with the protocol
Many are wondering about appealing against an administrative offense report. However, the law does not provide for such a procedure. The compilation of the protocol is one of the stages of the administrative process.
If there are comments on the actions of officials, then a complaint should be filed with their superiors or the prosecutor's office. An applicant who has witnesses, documents or videos refuting the allegations reflected in the minutes may ensure that the case is not sent for consideration on the merits.
A citizen has the right to make his comments during the consideration of the case on the merits, to submit petitions in writing, including regarding the correctness of the protocol.
Appeal Procedure
By law, a complaint is filed against a decision as a final document, not a protocol, although people ask a related question. Based on this position, the appeal scheme of the administrative offense protocol is structured as follows:
- a complaint is filed only with the court if the decision has been previously made by the court;
- a complaint is submitted either to a court or to a higher authority;
- if the complaint is simultaneously filed with a higher authority and the court at the same time, then the court will consider it.
Both the involved person and the official who previously submitted the materials for consideration have the right to file a complaint to the court.
The filing of an application to cancel the decision is given 10 days after receiving a copy of the decision. The material may be transferred either to the body that issued the decision or to the body that examines the merits of the complaint. Both feed options are correct.
Finally
The law provides for several options for answering the question, during what time a protocol is drawn up in an administrative case:
- immediately upon detection;
- within 2 days from the date of identification, if it is necessary to obtain information about the violator;
- at the end of the administrative investigation period, if it is not terminated.
If the decision was made without drawing up a protocol, then it is drawn up if the person involved has filed a complaint against the decision in respect of him.