Under the statute of limitations for administrative responsibility is meant the period after which a person who has committed no serious offense cannot be punished. For each illegal act or omission, the law provides its own type of punishment. However, some paragraphs of the Code of Administrative Offenses were revised and amended. The types of punishments for each specific case of violation were changed, individual acts were re-qualified and the statute of limitations was revised. In the framework of this article, we will consider in detail what administrative offenses are, what threatens them and after what period a person cannot be punished for his actions or inaction.
Definition of an administrative offense
Violation of an administrative order is an unlawful act or omission of a person for whom the relevant Code provides for liability. The guilt of a legal entity is recognized if it is proved that if there were opportunities to comply with legal norms, measures were not taken to comply with them. The presence of other types of penalties does not exempt from prosecution for other offenses. There are also statute of limitations for administrative liability under the Code of Administrative Offenses.
The law divides violations into intentional and committed through negligence. The former suggest that a person was aware of the seriousness of his actions, or vice versa - inaction. And he deliberately sought to have these consequences come, or consciously made no attempt to prevent the consequences. If a person commits a violation by negligence, then he realizes the seriousness of his actions, but arrogantly believes that nothing dangerous will happen, although he must foresee all possible outcomes of his actions.
Responsibility for committing an administrative violation comes from the age of sixteen. However, people from sixteen to eighteen years old can be released from punishment with insignificant damage to society, but educational measures for minors are applied to them, which also provides for the relevant law.
Who is administratively liable?
In addition to legal entities and individuals, the following may be held liable for such a violation:
- Officers who have not performed or improperly performed their duties. These include permanent or temporary representatives of the government, performing organizational, administrative and administrative functions in state bodies.
- Military personnel, employees in the service and having special ranks, as well as called up for training camps. These include employees of the internal troops, the National Guard, customs, and the fire service.
- Foreigners, including a legal entity, who committed illegal actions on the territory of the country or abroad, but directed against its interests. The punishment and statute of limitations for bringing to administrative responsibility under the Code of Administrative Offenses apply on a common basis, except in cases committed in special economic zones.
- Owners of plots or real estate. The law prohibits the movement, destruction, operation or conversion of such facilities. Guilt is considered proven if there are photos or videos about the unlawful actions of a person.
- Owners of cars and other motorized equipment. Wine is also proved using automatic means of fixation. Violations are associated with non-compliance with traffic rules.
Legal entities are punished individually or as part of a group. If you change the right form or change the legal entity, the punishment is applied to the newly formed. Offenses are the same for all persons, but the penalties, namely the amount of fines, are different.
Disclaimer
A person is released from punishment if he has committed his actions:
- In case of emergency.
- In an insane state.
The first paragraph implies that the person who committed an illegal act against other people or the state, while violating their rights, caused them less damage than prevented by their actions.
The second paragraph covers people who, due to their chronic or temporary mental disorder, dementia or other mental illnesses, could not realize the seriousness of the consequences of their behavior or inaction. The term applies only to mental ailments, and does not apply to alcoholic, narcotic and other psychotropic effects on human consciousness. They only exacerbate the situation of the perpetrator.
A person is exempted from persecution if his actions have caused minor damage. In this case, he receives a simple warning verbally, and no limitation period for bringing a person to administrative responsibility is valid here, since the perpetrator received a conviction of his act.
The main purpose of punishment
The punishment imposed for the commission of an administrative offense, to suppress further guilty acts of man. In no case should it humiliate, insult, inflict suffering, damage the reputation and harm the person. It should enable a person to think and understand the insignificance of his behavior or deed. In other words, the person next time must weigh all the positive and negative sides of his action before committing it. The general statute of limitations for administrative liability is two months. But for certain types of violations, it is increased to one year. Therefore, one should not think that if after a two-month period no punishment has followed, then he will not be in the future. It all depends on the complexity and degree of damage.
Types of punishment
The following types of punishments are provided for an administrative offense:
- Fine.
- Warning.
- Arrest.
- Confiscation of the item that committed the violation.
- Deprivation of special rights granted to individuals.
- Deportation for foreigners.
- Disqualification.
- The ban on attending sporting events.
- Stop activity.
- Mandatory work.
For legal entities, the penalties specified in paragraphs 1, 2, 4, and 9 apply. Each of them is assigned for a specific type of violation and has its own limitation period for bringing to administrative responsibility. Such guilty acts are provided for in separate articles of the Code.
Warning
It is made exclusively in writing for the first illegal acts in the absence of damage, threat or harm to people and their health, the environment, cultural monuments, flora and fauna. If it is not a danger to the state, its peoples and technological situations. What is the statute of limitations for administrative liability? The period during which a person can receive this type of punishment, or during which a case can be brought against him, is two months. A warning can be replaced with a fine for small or medium-sized businesses.
Fine
Appointed for serious and gross administrative offenses. The minimum amount in rubles is five hundred rubles and can reach sixty million rubles. If the amount is not enough, then the law provides for its multiplicity equal to:
- The amount of the object of the offense.
- The cost of unpaid duties, fees, taxes or the amount of funds that were not transferred on time to bank accounts.
- The amount received from the sale of goods and services.
- At the price of a contract or transaction.
A full list of fines is provided in article 3.5. CAO. Large amounts of fines are imposed solely for the serious damage that the person brought by his actions. The statute of limitations for administrative liability is calculated from the moment of discovery. In some cases, from the moment information about the incident is received. The fine is credited to the state budget.
Deprivation of Special Rights
Applies to persons who commit gross and systematic violations for previously granted such special rights. Punishment is also imputed in case of evasion of an executive order issued in a similar case. The term of deprivation of the use of rights is from one month to three years. Such punishment does not apply to disabled drivers and hunters for whom fishing is a means of subsistence. The statute of limitations for administrative liability is one year.
Arrest
The decision to isolate the guilty individual from society is made by the court for up to fifteen days. For the violation of public order, the holding of unauthorized marches and rallies, including non-compliance with emergency measures and the anti-terrorism regime, deviation from legal norms in the field of narcotic and psychotropic substances, this period can be increased to thirty days. It is also possible with the current 3-year statute of limitations for administrative responsibility, when a person systematically ignores the enforcement proceedings imposed on him by the court.
The punishment does not apply to pregnant women, people with children under fourteen years of age, with the first and second disability groups, citizens who are in military service or training camps, in the national guard and the penitentiary sector, customs officers and firefighters. Such a measure is exceptional and is applied for one purpose - to separate the offender from society. The expiration of the statute of limitations for administrative liability occurs one year after the day the offense was committed.
Mandatory work
This type of punishment is assigned by a judge to individuals who violate the legislation of an administrative order. The measure involves the performance of social labor in his spare time from work and cannot exceed four hours a day. The number of daytime hours can be increased exclusively by decision of the bailiff. The time of serving the sentence should not be in contact with the main employment at the place of work, service or study. Depending on the seriousness of the offense, the judge has the right to designate from twenty to two hundred hours of compulsory work. If a person who has been assigned this type of serving a sentence refuses to execute the order without good reason, then the bailiff is obliged to draw up an appropriate act.
The article does not apply to pregnant women and with a child under fourteen years old, as well as people with disabilities of the first and second degree. If the statute of limitations for administrative responsibility has expired, then the judge has no right to impose either this or another punishment on any individual.
Disqualification
The measure is applied to officials in the civil and federal public service. The purpose of the punishment is to prohibit a person from holding managerial positions, carry out entrepreneurial activities while in the management apparatus, provide municipal or state services, and conduct sports events. The period for which restrictions are imposed is from six months to three years. Punishment is determined exclusively in court. The statute of limitations for administrative liability is one year. After which it is no longer possible to institute legal proceedings.
Process Resume Period
The general statute of limitations for administrative liability is two months, after which a sentence cannot be issued. In the case of a court hearing, it is increased to three months. In case of disqualification and a continuing violation, the period is one year. The term begins calculating from the date of the commission of the guilty act, and with a continuing - from the date of discovery. However, if a refusal to initiate a case was received or it was terminated, then for all types of unlawful acts the calculation date is the day the crime was committed.
Conclusion
Administrative punishment is designed to prevent subsequent violations of the law. He should not humiliate a person, hurt him or insult his honor. The total term for issuing a decision for administrative offenses is two months, after which a person can no longer be held accountable. For continuing violations and disqualifications, the period is extended to one year.