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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of March 24, 2005 No. 5

About some questions arising at courts in case of application of the Russian Federation Code of Administrative Offences

(as amended on 19-12-2013)

1. The Russian Federation Code of Administrative Offences (further - the Code of the Russian Federation on Administrative Offences) enacted since July 1, 2002 which determines conditions and the bases of the administrative responsibility, types of administrative punishments, procedure for production on cases on administrative offenses, including jurisdiction and cognizance of these cases, and also the laws of subjects of the Russian Federation adopted according to the Code of the Russian Federation on Administrative Offences on the questions carried to competence of subjects of the Russian Federation belongs to the legislation on administrative offenses which should be guided by consideration of this category of cases.

In case the international treaty of the Russian Federation establishes other rules, than stipulated by the legislation about administrative offenses, the regulations of the international treaty having direct and direct action in system of law of the Russian Federation are applied. At the same time it is necessary to consider the explanations made by the Plenum of the Supreme Court of the Russian Federation in the resolution of October 10, 2003 to N5 "About Use by Courts of Law of the Conventional Principles and Rules of International Law and International Treaties of the Russian Federation".

3. By case preparation the judge should establish whether consideration of this case is within its competence.

Administrative investigation represents complex of the requiring considerable time expenditure of legal proceedings of the persons stated above directed to clarification of all circumstances of administrative offense, their fixation, legal qualification and procedural registration. Conducting administrative investigation shall consist of the real actions directed to receipt of necessary data including by conducting examination, establishment of the victims, witnesses, interrogation of persons living in other area.

The legal proceedings made according to regulations of the Code of penal procedure of the Russian Federation within preliminary inquiry on the criminal case brought concerning person brought to the administrative responsibility, and afterwards stopped are not administrative investigation.

c) judges consider the cases which are also referred to competence of other bodies (officials) specified regarding the 2nd article 23.1 Code of the Russian Federation on Administrative Offences provided that they were transferred to their consideration because authorized body (official) taking into account nature of committed offense, the identity of person concerning whom proceeedings about administrative offense are conducted and other circumstances specified in the law recognized necessary to discuss question of possibility of application of measures of punishment which purpose is referred to exclusive competence of judges.

Considering that transfer of cases of the this category for consideration to the judge is within the competence of the bodies (officials) called above, the judge in the specified case shall accept case to consideration on the merits;

d) by the general rule of case on the administrative offenses provided by the Code of the Russian Federation on Administrative Offences, subordinated to judges of courts of law magistrate judges consider. Cognizance of cases to magistrate judges is determined by exception of categories of the cases referred to competence of judges of district courts, public vessels and Arbitration Courts;

e) judges of courts of law have no right to consider cases on the administrative offenses listed in paragraph four of part 3 of article 23.1 Code of the Russian Federation on Administrative Offences, made by legal entities, and also individual entrepreneurs as these cases are jurisdictional to judges of Arbitration Courts. The list of types of offenses specified in this regulation is exhaustive and is not subject to extensive interpretation. The cases specified in in paragraph four of part 3 of article 23.1 Code of the Russian Federation on Administrative Offences are not jurisdictional to judges of courts of law and in that case when on them according to article 28.7 Code of the Russian Federation on Administrative Offences administrative investigation and also when the individual entrepreneur who made administrative offense from among called in paragraph four of part 3 of article 23.1 Code of the Russian Federation on Administrative Offences, lost the status of the individual entrepreneur was made. Cases on the administrative offenses listed in paragraph five of part 3 of article 23.1 Code of the Russian Federation on Administrative Offences are jurisdictional to judges of Arbitration Courts irrespective of who made administrative offense: official, legal entity or individual entrepreneur;

e) cases on other offenses carried to competence of judges (parts 1 and 2 of article 23.1 Code of the Russian Federation on Administrative Offences) and not specified in paragraphs four and the fifth part 3 of article 23.1 Code of the Russian Federation on Administrative Offences, are jurisdictional to judges of courts of law irrespective of nature of administrative offense and the status of person made responsible (including cases on the offenses made by legal entities, and also the citizens who are individual entrepreneurs);

h) in case of determination of cognizance it is also necessary to consider the rules about territorial cognizance of cases on administrative offenses enshrined in article 29.5 Code of the Russian Federation on Administrative Offences.

The general rule according to which case is considered in the place of making of offense is fixed in part one of this Article. The place of making of administrative offense is the place of making of illegal action irrespective of the place of approach of its effects and if such act has the lasting character, – the place of the end of unlawful activity, its suppression; if the offense is made in the form of failure to act, then the place of its making should be considered the place where action owed be made, the obligation assigned to person is executed.

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