Application for termination of administrative proceedings: rules for drafting, deadlines for submission and consideration

An application for termination of the administrative proceedings shall be submitted by one of the participants in the process, if there are grounds for this provided for in the RF agribusiness. The reasons for asking the court to close the dispute are various: the deadlines expire, there is no corpus delicti, the misconduct is minor. In any case, a motion to terminate the administrative proceedings is submitted with knowledge of the procedural rules, otherwise it will simply not be accepted at the court of law.

Legislative regulation

A complete list of reasonable reasons so important to stop work on an administrative case is reflected in Art. 24.5 Administrative Code of the Russian Federation. The grounds are subject to conditional separation:

• legal proceedings, if any, are not instituted or its progress is terminated;
• circumstances stipulated by law have been discovered.

Legislative standards highlighted the main precedents:

• in the case there is one of the circumstances referred to in Article. 24.5 Administrative Code of the Russian Federation;
• identified comments that are voiced orally, as suggested by the Code of Administrative Offenses of the Russian Federation in Art. 29;
• the case was transferred to the prosecutor’s office, on the initiative of the preliminary investigation, of the inquirer upon detection of signs with a criminal nature in the actions of the defendants;
• participants in the process are exempted from liability in accordance with legal acts from the Code of Administrative Offenses of the Russian Federation under Articles 6.8, 6.9, 14.32, 16.2, 20.20.

Which court considers the grounds?

The petition for termination of the administrative proceedings must indicate one of the circumstances that provoked its filing:

• the absence of an event consistent with violations of the agro-industrial complex;
• actions were committed as a matter of urgency; this was required by the situation;
• production is subject to amnesty;
• the controversial issue falls under the law, which has lost its force, canceled along with liability;
• the offender received a judicial act on the sentence imposed under the Code of Administrative Offenses of the Russian Federation, terminated legal proceedings, transfer to the jurisdiction of criminal law;
• the defendant died.

In life there are different cases, taking into account everything for lawmakers is not a real task. If the person involved believes that there are sufficient grounds, you can file a motion to terminate the administrative proceedings. The court will consider the proposal, understand, make a decision within the law.

Other circumstances

In published laws, one often finds wording about other circumstances in the last paragraph of a legal act. This provision gives the judge the right to make decisions and assess the situation: in full or not, circumstances are provided that exclude the proceedings in the case of an administrative offense. People also work in court, and the human factor is still valid in all areas. It also happens that the office was not supposed to accept a documentary kit, but the lawsuit was not refused, and during the proceedings it was established:

• an error has occurred in the jurisdiction;
• the applicant has no authority to protect the person he represents;
• no violation of the rights and interests of the plaintiff in contesting acts;
• a court decision entered into force, where the same issue was considered;
• the arbitral tribunal dealt with the case;
• the plaintiff refused the claim, the court granted the request, the defendants received a decision to dismiss the administrative case and the parties peacefully resolved all the disputes;
• the participant dropped out of the case not allowing succession, for reasons beyond his control.

The grounds independent of the participants include the liquidation of the enterprise as a legal entity that is a party to the conflict or the death of an individual in a similar status. If there are the listed reasons for the termination of the administrative proceedings, it can be closed at any time during the trial or in the preliminary consideration of disputes.

Document Content

A correctly executed request is a guarantee that the document will be accepted. How to make a motion to terminate the administrative proceedings will tell the sample and the recommendations of the bailiffs. There are no unified forms and special requirements for filling out the form. You must follow the usual generally accepted rules in office work:

• to issue a “cap”, in it indicate the name of the judge and the name of the judicial authority to which the document is intended;
• there also reflect the applicant, his details, contact details;
• after the name of the application, you need to indicate the number of the case, the purpose of the proceedings;
• the narrative is devoted to the main request, with confirmation of legitimate intentions by legislative references;
• a list of the reasons that became the reason for applying to the court is given;
• a separate proposal is asked to attach the application to the case;
• a list of documents confirming various indications should be reflected in the annexes.

In conclusion, the document is signed with a transcript of the surname, the date of its transfer to the court is set.

Documentation Procedure

First of all, it must be taken into account that the application for termination of the administrative proceedings takes place before the start of the substantive proceedings, regardless of what the procedural stage should be. The document is transmitted:

• to an official, if he is dealing with this issue, when there was an oral appeal on this issue during the meeting, in order for the statement to be attached, written execution is necessary;
• to the secretary in the judicial office with a note on the filing date, the name of the specialist who accepted the paper and his signature;
• in the traditional way, sending by registered mail.

When a final decision is made in court, a petition not received on time does not serve as a basis for canceling the decision.

Terms of proceedings

Consideration of an application for termination of administrative proceedings on the basis of the Code of Administrative Offenses of the Russian Federation, approved by Article 24.4, occurs immediately as soon as it comes into the hands of the judge or the secretary, he must immediately bring the request to a competent official. There are no special deadlines for refusal or satisfaction of the petition, the decision is made by the judge urgently. Allowed time to clarify issues, but in the usual rules, immediately after the receipt of the petition, you can’t even postpone the problem to the end of the court session or postpone the date. There are special instructions for court clerks for clerical staff. They are obliged to submit the document for consideration by the end of the working day if they have accepted it in the morning. The evening arrival of messages is provided to the judge the next day.

What to do after deadlines?

One of the parties to an administrative case has the right to file a petition. The judge must ensure that the application is filed without breaking the law. The defendants cannot make their own decisions regarding the statute of limitations; there is a court for this. The allegations received from the parties about an oral or written agreement to reduce or increase periods are not accepted by the court. When the judge considers the application, it checks not only the validity of the indicated grounds, but also the circumstances of the missed deadlines. For any case, there are good reasons, they are accepted if the facts are proved.

Brief example

In each case, the applicant must have time to go to court before the final decision is made. Case studies show how to restore justice. The driver refused to undergo a medical examination for blood alcohol content. The case was dismissed because the deadline had expired to hold the motorist accountable. The lawyer filed a motion in which he reasonably requested to call witnesses to testify. The document was accompanied by supporting documents on illegal, unjustified initiation of proceedings, which is why it was terminated. Witnesses are disinterested persons, therefore it is necessary to simplify them in court in order to get a fair verdict.

How are applications processed?

The law does not regulate the form for providing an answer to the applicant. Everything happens quickly, the message is received orally, the resolution is recorded in the document and recorded in the minutes of the meeting. If the request is granted, it reflects an important legal effect in its immediate execution. When the rules are violated in administrative law, this fact is entered in the final judicial verdict. In order to avoid unnecessary, according to the applicant, questions, the application must indicate clear facts. The paper submitter should know and remember that this is a legal document that differs significantly from the artistic narrative, it does not tolerate explanations not supported by facts and references from legislative articles. Moreover, one’s own position should be reflected in a detailed sequence outlining the entire course of the incident with procedural actions. When documentary copies are attached to the application, they shall be certified without fail. Such thoroughness is necessary in order to obtain a positive result, and the application was not rejected at the initial stage.