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§ 3. Organization-legal bases of excitation by police of affairs about the administrative violations provided by a part of 1 article 20.25 KoAP the Russian Federation

Excitation of affairs about administrative violations was and continues to remain object of steadfast attention of scientists-administrati - вистов1, that has provided wide illumination of the questions connected with this legal phenomenon, in the scientific literature.

Excitation of affairs about administrative violations is considered by scientists from the various points of view: as the legal (is administrative-remedial) institute, the remedial decision, pravoprimenitelnyj the certificate, the juridical fact etc. For the decision of problems of the present dissertational research preferable is commencing a suit consideration about administrative violation as manufacture stages on application of administrative responsibility (manufacture on affairs about administrative pravonarushe -

1 Filonenko I.O. Excitation and administrative investigation by militia of affairs about administrative violations in sphere of a turn of alcoholic production: dis.... kand. jurid. Sciences. Omsk, 2003; Azarov N.V. Commencing a suit about administrative violation in the field of traffic: dis.... kand. jurid. Sciences. M, 2008; Pivchen - to JU. N about administrative violation: dis.... kand. jurid. Sciences. Omsk, 2005; Zuev B.R. Commencing a suit about administrative violation: dis.... kand. jurid. Sciences. M, 2004; Molchanov n about administrative violation in the field of traffic: dis.... kand. jurid. Sciences. M, 2008, etc.

nijah). In our opinion, in this context it is obviously possible to analyse most in detail legal and organizational components of activity of the police which are carried out within the limits of realisation of the mechanism of application of administrative responsibility for non-payment of the administrative penalty in time, statutory.

Under excitation of affairs about the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, in the present work will be understood set of the interconnected remedial and organizational actions, and also the material operations realised by representatives on those by employees of police and directed on maintenance of all-round, full and timely adjudication.

Today among the scientists investigating a stage of commencing a suit, there is no common opinion as about quantity and names of elements entering into its structure (stages), and about their maintenance, there is no unity and in definition of what of them is initial and what finishes a considered stage.

So, A.O.ouzel and V.A.Kudin as initial names a stage of revealing of the fact of an offence, or reception of the information on a perfect offence, specify, that it followed by preliminary check of the received information and the commencing a suit stage comes to the end with remedial registration of the received materials, decision-making on excitation or refusal in commencing a suit about administrative violation and drawing up of the corresponding remedial document [159]. Thus there was such important element of commencing a suit, as a direction (transfer) of the report for consideration to the representative on that to the judge, in body or to the official. V.V. Golovko as the first stage defines detection or reception and the subsequent registration информации1, the similar position is occupied with J.V.Pivchenko.

With such approach categorically disagrees N.N. Tsukanov considering, that the given activity pravoprimenitelja is not a manufacture part on affairs about administrative violations [160 [161]. Dividing N.N.Tsukanov's point of view, we will notice, that, providing application of administrative responsibility for non-payment of the administrative penalty, the police reveals, checks and registers the information on an offence during realisation of supervising function or function of execution of administrative punishments, instead of at manufacture realisation on affairs about administrative violations, revealing of administrative violations though is connected with commencing a suit, but is not a component of a considered stage. Legally significant action finishing the described component of manufacture on affairs about administrative violations, is, in our opinion, a direction of the report and other materials has put to the judge, in body or to the official, authorised it to consider.

Thus, a commencing a suit stage about the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, can be conditionally divided into following stages.

1. A stage of the preliminary analysis of the situation, consisting in an estimation of the information received during realisation of supervising activity or realisation of function of execution of administrative punishment, about an establishment of the circumstances important for a choice of a way of reaction to the arisen situation in concrete conditions. The stage of the preliminary analysis of a situation begins with an establishment of presence (absence) of an occasion to commencing a suit and estimations of the data specifying in presence of event of administrative violation about their sufficiency. Traditionally under an occasion to excitation has put about administrative violations the statutory source from which the authorised bodies of the state or officials receive the information about perfect administrative правонарушении1 is understood. According to ch. 3 items 28.1 KoAP the Russian Federation the establishment of presence of an occasion in aggregate with the sufficient data specifying in presence of event of administrative violation, is one of the main conditions necessary for decision-making on commencing a suit. Absence of such data is the circumstance excluding manufacture on business about administrative violation (ch. 1 item 24.5 KoAP the Russian Federation), also demands in the cases of removal of definition defined by the law on refusal in its excitation.

Here it is necessary to notice, that in the scientific literature discussion about necessity of reaction of the authorised bodies of the government (including law-enforcement bodies) on each case of detection of signs of administrative violation, and also dispute on forms of such reaction proceeds. For example, A.S.Dugenets considers, that «an established fact of fulfilment of wrongful act for which administrative responsibility is provided, comes under to official documenting. Competent officials are obliged to constitute according to item 28.2 KoAP of Russia the report on administrative violation». N.N. Tsukanov, being based on rather-legal analysis of action of a principle of publicity in manufacture on affairs about administrative violations and criminal trial, comes to conclusion that, despite obvious orientirovannost departmental normotvorchestva on necessity of unconditional commencing a suit about each revealed administrative violation, such powers of police «should be applied by it not in all cases of revealing of administrative violations, and only when it is necessary with a view of the effective decision hundred - [162 [163] jashchih before police of problems» 1. An exception, according to the author, cases when infringements of the rights and legitimate interests physical and legal bodies, first, take place can be, secondly, when police reaction to the facts of fulfilment of administrative violations in the form of commencing a suit is directly provided KoAP the Russian Federation. To similar sorts to exceptions owing to a rule of excitation of affairs about the administrative violations, fixed in ch. 5 items 32.2 KoAP the Russian Federation, concern also the affairs connected with non-payment of the administrative penalty in time, statutory.

On the one hand, such approach of the legislator, looks quite proved. It is obvious, that leaving of the facts of non-payment of the administrative penalty without police attention and appropriate legal reaction can entail blasting of authority of the power in the opinion of citizens and promote formation or strengthening at them the scornful relation to execution of the duties assigned by the state. Besides, the duty establishment to react to each fact of non-payment of the administrative penalty allows to correct an orientation of police activity, having excluded possibility of its (activity) of display is exclusive in "problemless" situations when commencing a suit is required not owing to circumstances of fulfilment of illegal act and features of the person de - likventa and when there is no necessity of the appendix of additional efforts from the party pravoprimenitelja. It is obvious that much easier to commence suit about administrative violation concerning the citizen who unitary has not paid the administrative penalty, but already delivered in OVD, rather than purposefully to carry out actions for an establishment of a site of the deliberate defaulter. At the same time operating edition ch. 5 items 32.2 KoAP the Russian Federation establishing rules a cart - [164 [165] buzhdenija of affairs about administrative violations, provided ch. 1 item 20.25 KoAP the Russian Federation, enters serious contradictions with the general order of excitation of affairs about the administrative violations, fixed in chapter 28 KoAP the Russian Federation.

According to ch. 5 items 32.2 KoAP the Russian Federation business of the given category come under to excitation in cases of absence at the official of federal enforcement authority, structural division or territorial body, other state body which has considered case about administrative violation, or at the authorised person of the collegiate body which has considered case about administrative violation, and also at the judicial police officer-executor (on affairs about the administrative violations considered by judges) of the document, the administrative penalty testifying to payment, and the information on payment of the administrative penalty in the State information system about the state and municipal payments after sixty days from the date of the decision introduction about appointment of the administrative penalty in validity. Thus, proceeding from the specified positions of the law and contrary to a rule fixed in ch. 3 items 28.1 KoAP the Russian Federation, check of the data specifying in presence of event of administrative violation, about their sufficiency is not required. It is thought, that the circumstance specified above is one of the reasons of acceptance by officials of law-enforcement bodies of unreasonable decisions on excitation of affairs about administrative violations concerning the persons who have actually paid the administrative penalty.

In these conditions looks expedient in ch. 5 items 32.2 KoAP the Russian Federation words: «executes the process-verbal on the administrative violation provided by a part of 1 article 20.25 of the present Code, concerning the person who have not paid the administrative penalty» to replace with words: «the decision on commencing a suit on the administrative violation provided by a part of 1 article 20.25 KoAP the Russian Federation, according to requirements of article 28.1 of the present Code makes».

One more question demanding the permission at a stage of the preliminary analysis of a situation of a stage of commencing a suit about administrative violation, provided ch. 1 item 20.25 KoAP the Russian Federation, is an establishment of presence (absence) of the circumstances excluding manufacture on business. As is known, the general bases for acceptance of the specified decision are fixed in ch. 1, 2 items 24.5 KoAP the Russian Federation. So, manufacture on business about the administrative violation provided ch. 1 items 20.25 KoAP the Russian Federation, cannot be begun, and the begun manufacture comes under to the termination in the absence of event or administrative violation structure, in case of the edition of the certificate of amnesty if such certificate eliminates application of administrative punishment, or cancellations of the law which has established administrative responsibility for the given offence, at the expiry of the term of prescription of attraction to administrative responsibility, at presence on the same fact of non-payment of the administrative penalty of the decision about appointment of administrative punishment or the decision about phase-out on business about administrative violation, in case of death of the physical person in which relation manufacture on business is led.

Along with it in note item 1 to item 20.25 KoAP the Russian Federations are established the cases demanding decision-making on phase-out on affairs about administrative violations, provided ch. 1 items 20.25 KoAP the Russian Federation, at a commencing a suit stage. So, if the foreign subject or the stateless person the administrative penalty appointed it simultaneously with administrative exclusion for limits of the Russian Federation, it in due time has not paid to the administrative responsibility provided ch. 1 item 20.25 KoAP the Russian Federation, is not involved. Considering, that owing to requirements ch. 3 items 25.1 KoAP the Russian Federation business about the administrative violations provided ch. 1 items 20.25 KoAP the Russian Federation, can be considered only in the presence of the person in which relation manufacture on business is led, and, most likely, the foreign subject or the stateless person by the moment of receipt of materials for consideration will leave limits of territory of Russia, a question on dismissal of action on the basis of the item 1 notes to item 20.25 KoAP the Russian Federation should be solved to a direction of materials of business for consideration, that is at a commencing a suit stage. The analysis of positions KoAP the Russian Federation allows to draw a conclusion, that at application of the given basis use of the general order of dismissal of action, and in particular removal provided in ch. 1.1. Item 29.9 KoAP the Russian Federation decisions, it is impossible. The special order of phase-out on specified basis KoAP the Russian Federation also is not established.

In connection with stated for application of item 1 of the note to item 20.25 KoAP the Russian Federation looks expedient fastening in KoAP the Russian Federation of the special provision for what the Russian Federation 3 following maintenances are necessary to add item 24.5 KoAP with a part: «3. In case the foreign subject or the stateless person in due time have not paid the administrative penalty which has been appointed by it simultaneously with administrative exclusion for limits of the Russian Federation, manufacture on business about the administrative violation provided ch. 1 item 20.25 KoAP the Russian Federation, after finding-out of all circumstances of fulfilment of administrative violation comes under to the termination».

One more question demanding the permission at a stage of the preliminary analysis of a situation, presence at the concrete employee of police of powers on excitation of affairs about the administrative violations provided ch is. 1 items 20.25 KoAP the Russian Federation.

Crucial importance at an establishment of such powers has conformity of a post of the employee to requirements normativnopravovyh the certificates establishing the official competence, and also a place of service and a place of fulfilment of administrative violation with positions of the legislation on the territorial competence.

The official competence represents the established circle has put about administrative violations on which the employees displacing concrete posts of police, are authorised to carry out manufacture. The rights of officials of authorities on drawing up of reports on the administrative violations provided ch. 1 items 20.25 KoAP the Russian Federation (non-payment of the administrative penalty in time), are fixed in ch. 5 items 28.3 KoAP the Russian Federation. Such right, proceeding from item 12 ch. 5 items 28.3 KoAP the Russian Federation, are allocated officials of the bodies which have taken out on the basis of powers, fixed in Code item 23, the decision about appointment of the administrative penalty, employees of law-enforcement bodies concern their number also.

Let's notice, that the list of the concrete posts, which replacement grants the right to constitute reports on the administrative violations provided ch. 1 items 20.25 KoAP the Russian Federation, it agree ch. 4 items 28.3 KoAP the Russian Federation come under to fastening by normative acts of the authorised bodies. However on the subjects of an administrative jurisdiction specified in ch. 5 items 28.3 KoAP the Russian Federation, the given rule do not extend. Thus, the executing a process-verbal right about the administrative violation provided ch. 1 items 20.25 KoAP the Russian Federation, the uncertain circle of officials of law-enforcement bodies is allocated. The given approach of the legislator, in our opinion, is not irreproachable.

First, it is obvious, that administratively-jurisdiktsionnaja activity demands presence of a certain skill level of the subject pravoprimenenija. However, proceeding from the statutory permission to execute the process-verbal for non-payment of the administrative penalty any employee of law-enforcement body without dependence from a post has the right, including the officials who are not concerning the named kind pravoprimenitelnoj of activity. Owing to that the executing a process-verbal right represents to the corresponding official a wide range of powers on application of measures of administrative compulsion, it is created

Possibility of unreasonable restriction of the rights of citizens and legal bodies.

Secondly, in connection with absence of a necessary legal regulation of a case in point in law-enforcement bodies attempts of settlement of interdepartmental differentiation of powers of officials by realisation of separate organizational measures are undertaken. Such situation cannot promote maintenance of uniform application with various territorial divisions of the Ministry of Internal Affairs of administrative responsibility for non-payment of the administrative penalty in time, statutory.

It is necessary to notice, that a question on the official competence of employees of some authorities at application of administrative responsibility for non-payment of the administrative penalty in time, statutory, repeatedly became a subject of consideration of the Supreme Court of the Russian Federation [166], that indirectly confirms an urgency of this problematics.

Proceeding from stated, with a view of perfection administrativnodeliktnogo legislations, and also maintenance of sufficient degree of a concrete definition of imperious instructions in the field of a legislative establishment of powers of officials on drawing up of reports on the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, in our opinion, looks expedient the paragraph the first ch. 4 items 28.3 KoAP the Russian Federation to state in the following edition: «the List of the officials, having the right to constitute reports on administrative violations according to parts 1, 2, 3, and also point 12 of a part 5 present articles are established accordingly by the authorised federal enforcement authorities and the authorised bodies of the executive authority of subjects of the Russian Federation according to problems and the functions assigned to specified bodies by the federal legislation».

2. A main destination of a working stage of a stage of commencing a suit about the administrative violation provided ch. 1 item 20.25 KoAP the Russian Federation, is acceptance by the authorised official of the remedial decision on the manufacture beginning on business about administrative violation (commencing a suit). The specified decision is accepted by the persons authorised on drawing up of reports on administrative violations, proceeding from the results received at a stage of the preliminary analysis of a situation. The exhaustive list of forms of excitation of affairs about administrative violations is established in ch. 4 items 28.1 KoAP the Russian Federation. So, affairs about the administrative violations provided ch. 1 items 20.25 KoAP the Russian Federation, can be initiated by drawing up of the first report on application of measures of maintenance of manufacture on business about the administrative violation, provided items 27.1 KoAP the Russian Federation (item 2 ch. 4 items 28.1 KoAP the Russian Federation), or by executing a process-verbal about administrative violation (item 3 ch. 4 items 28.1 KoAP the Russian Federation).

The analysis pravoprimenitelnoj practice of activity of law-enforcement bodies allows to draw a conclusion, that from all variety of forced measures of remedial maintenance at excitation of affairs on the administrative violations provided ch. 1 items 20.25 KoAP the Russian Federation, are actually realised only dostavlenie and administrative detention.

According to item 27.2 KoAP the Russian Federation dostavlenie - compulsory forwarding of the physical person with a view of executing a process-verbal about administrative violation at impossibility of its drawing up on a place of revealing of administrative violation if executing a process-verbal is obligatory.

It is necessary to notice, that item 27.2 KoAP the Russian Federation does not cover cases of compulsory forwarding of the person who have made administrative violation, provided ch. 1 items 20.25 KoAP the Russian Federation, to the judge or in body, representatives on a legal investigation, and it is equal dostavlenie persons to whom administrative punishment in the form of administrative arrest is appointed, or administrative arrest evading from serving, in corresponding establishment of law-enforcement body. Similar coercive measures have other is standard-legal basis and do not concern measures of maintenance of manufacture on affairs about administrative violations.

Proceeding from positions of item 27 KoAP the Russian Federation under administrative detention should be understood applied in unusual cases representatives on that persons a measure of maintenance of manufacture on affairs about the administrative violations, representing short-term restriction of freedom of the physical person by its maintenance in specially protected premise of the body, authorised to carry out administrative detention, or in special establishment of enforcement authority of the subject of the Russian Federation.

The purposes of application of administrative detention are defined in ch. 1 item 27.3 KoAP the Russian Federation, their list is settling. So, administrative detention can be applied, in cases if it is necessary: for maintenance of a correct and timely legal investigation about administrative violation; for decision execution on business about administrative violation. Application of administrative detention for achievement of other purposes is inadmissible. At the same time separate authors speak about presence of contradictions between positions ch. 1 items 27.3 KoAP the Russian Federation and item 27.1 KoAP the Russian Federation (in a part, concerning application of administrative detention is more whole): « The purposes of measures on manufacture maintenance on business about administrative violation are also administrative violation suppression, an establishment of the person of the infringer »[167]. In our opinion, here there is no contradiction. Does not raise the doubts, that pravoprimenitel possesses a complex of powers on fulfilment with the detained person of variety as actually legal proceedings, and the various material operations caused by specificity of law-enforcement activity and (or) manufacture on affairs about administrative violations (for example to take measures to an establishment of the person of the arrested person to carry out it daktiloskopirovanie, check under accounts with a view of revealing of frequency of fulfilment of offences to fill the report on administrative violation etc.) . Thus fulfilment of these actions under no circumstances cannot act as end in itself of restriction of the right of the physical person on freedom and inviolability of person.

According to positions ch. 1 items 27.4 KoAP the Russian Federation in the report on administrative detention, except other, should be specified motives of application of the given measure of administrative compulsion, their absence can entail a recognition of administrative detention незаконным1. However the analysis has put about the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, testifies that, as a rule, pravoprimeniteli go on direct law-breaking, not specifying in the report on administrative detention of the named data. It is thought, that at the heart of it absence in KoAP the Russian Federation even the approximate list of circumstances which can represent itself as motives for application of this measure of maintenance of manufacture lays.

It is important to notice, that the question on motives of administrative detention is extremely poorly developed and in an administrative law science. Along with it in the domestic literature the adjacent problematics - the questions, concerning motives of detention of crimes suspected of fulfilment is in detail studied. Being based on these works and the analysis of positions KoAP the Russian Federation, we [168 [169] come to conclusion, that it is necessary to understand subjective promptings of the official authorised on application of the given forced measure as motives of administrative detention, arising on a basis of properly fixed facts of the objective validity and its applications proving necessity as edinstvennovozmozhnyj a way of maintenance of a correct and timely legal investigation about administrative violation and (or) decision executions on business about administrative violation.

To motives of administrative detention of the persons who have made administrative violation, provided ch. 1 items 20.25 KoAP the Russian Federation, in our opinion, can be carried the proved fears, that the person in which relation manufacture on business is led, is not on a call of the judge or the body, authorised to consider case about administrative violation, and (or) will make other actions interfering a timely legal investigation, or is not for serving of administrative punishment in the form of administrative arrest.

One of the questions arising at decision-making on legitimacy of administrative detention, reference of concrete conditions in which commencing a suit is carried out, to a category of the exclusive is. Necessity of its permission is dictated by the general rule of application of the administrative detention, fixed in ch. 1 items 27.3 KoAP the Russian Federation.

On sense of the law at the decision of problems of manufacture on business about administrative violation restriction of the rights and freedom of the person and the citizen should be carried out in is minimum sufficient volume. Differently, in the presence of possibility without application of administrative detention to establish the circumstances which are coming under to finding-out on business about administrative violation, to execute the process-verbal on administrative violation, to consider case, to execute the decision about appointment of administrative punishment, etc. to carry out the given measure of maintenance of manufacture on business about administrative violation it is impossible. Thus under exclusive (not ordinary, atypical) a case it is necessary to understand a case which is beyond the specified typified standard standards [170].

Reference of this or that case to a category of the exclusive is included into area of the legal discretion of the official applying administrative detention, and should to be predetermined by following circumstances, in our opinion:

1) eccentricity of the person of the citizen in which relation manufacture on business about administrative violation is led, for example, if on the available confirmed data the citizen possesses the strongly pronounced is irresponsible-scornful relation to norms and the rules established in a society (the person repeatedly ignored valid claims of state-imperious subjects, earlier undertook attempts to evade from the duties assigned to it in connection with attraction to administrative or the criminal liability, etc.);

2) atipichnostju places, time, conditions or other conditions of realisation of manufacture on business about administrative violation (actions of the official in the conditions of a special administrative legal regime of state of emergency, during an extreme situation etc.).

Considering, that in the sanction of the norm establishing administrative responsibility for non-payment of the administrative penalty in time, statutory, administrative punishment in the form of administrative arrest is provided, in the presence of is standard established conditions delivered in connection with fulfilment of the given administrative violation the person can be subjected administrative detention within 48 hours.

One more form of excitation of affairs about the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, is executing a process-verbal about administrative violation. Does not cause doubts, that the given remedial document has key value both at a commencing a suit stage about administrative violation, and in manufacture on business in the whole. The report carries out function of the total document of a stage of commencing a suit about administrative violation, and also is a source of proofs on business.

According to item 28.5 KoAP the Russian Federation the report on administrative violation should be constituted immediately or not later than two days from the moment of offence revealing in case of need additional finding-out of circumstances of business or data about the physical person or data on the legal body in which relation suit about administrative violation is commenced. Thus in pravoprimenitelnoj to the practice of law-enforcement bodies connected with excitation of affairs about administrative violations, provided ch. 1 items 20.25 KoAP the Russian Federation, arise situations when executing a process-verbal in the specified terms becomes complicated problems of an establishment of a site of the person who has not paid the administrative penalty, necessity of its call for participation in drawing up of the considered remedial document and (or) maintenance of its appearance for executing a process-verbal about administrative violation).

Along with it the offer of some authors on necessity of increase in terms for executing a process-verbal about administrative violations [171] with reference to the affairs initiated on ch. 1 item 20.25 KoAP the Russian Federation, looks irrelevant. The given thesis proves to be true results of studying of affairs about administrative violations of a considered category: so, reports on administrative violations in overwhelming majority of cases are constituted in day when the employee documentary makes out the fact of revealing of administrative violation (see appendix A).

The maintenance of the report on administrative violation is settled ch. 2 items 28.2 KoAP the Russian Federation. It is necessary to notice, that this norm has established the list of the data which are coming under to obligatory reflexion in the specified remedial document, however the list remains opened. So, at executing a process-verbal about the administrative violations provided ch. 1 items 20.25 KoAP the Russian Federation, except other, should find reflexion the data which directly have been not provided by item 28.2 KoAP the Russian Federation, but necessary for correct adjudication.

However the analysis of the maintenance of reports on the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, allows to draw a conclusion, that frequently similar data do not find reflexion in the characterised written pleading. So, in one of the reports analysed by us there are no data on presence (absence) of the circumstances excluding application concerning the person made accountable of punishment in the form of administrative arrest. Only in 49 % from the general number of the analysed affairs about administrative violations data on date of removal of the decision on appointment of the administrative penalty, in 43,9 % of affairs - about decision number about appointment of the administrative penalty, in 15,3 % of affairs - about official OVD (body) who has taken out the decision about appointment of the administrative penalty, in 77,5 % of affairs - about the sum of the administrative penalty appointed and not paid by the person, of 6,1 % - about an expiration date of payment of the administrative penalty contain, only in 2 % there are data that the document testifying to payment of the administrative penalty, in OVD did not arrive, in 2 % - that the delay and the instalments of execution of the administrative penalty were not given to the person.

The specified lacks can be filled by familiarising of corresponding documents with materials has put, however, unfortunately, it is not always realised in pravoprimenitelnoj activity. For example, in 52 % from the affairs studied by us about the administrative violations provided ch. 1 items 20.25 KoAP the Russian Federation, there were no the materials confirming absence of the document, the administrative penalty testifying to payment. In the others of 48 % were used the discrimination at registration of the given juridical fact, in particular, in 60 % of cases employees make out the official report about detection of signs of the administrative violation provided ch. 1 items 20.25 KoAP the Russian Federation, in 34,3 % in business are filed a various sort of listing from the automated is information - search systems and the automated databanks or the inquiry on results of check under these accounts. It is interesting to notice, that to 5,7 % of the studied affairs receipts on payment of the administrative penalty after the expiration established for this term are attached.

Proceeding from stated in the report on the administrative violation provided ch. 1 items 20.25 KoAP the Russian Federation, and other materials of business, should find reflexion following data and circumstances:

1) confirming (reflecting) presence of event and administrative violation structure:) the moment of the introduction of the decision about amercement in validity; the expiration of the six-ten-day term intended for voluntary payment of the administrative penalty; presence in the decision about appointment of the administrative penalty of the information on the addressee of the penalty, necessary according to rules of filling of settlement documents on transfer of the sum of the administrative penalty, according to item 1.1 requirements. Item 29.10. KoAP the Russian Federation;

The prevention of the person, inflicted to administrative punishment in the form of the administrative penalty, about consequences of its non-payment in established ch. 1 items 32.2. KoAP term; absence in materials of business of the document testifying to payment of the administrative penalty and data in the State information system about the state and municipal payments. Admissible use of the materials received with application of automated databanks, containing the information on absence of the document testifying to payment of the administrative penalty, assured by when due hereunder corresponding official, and reflexion of such data in the official report of the employee responsible for realisation of function of execution of administrative punishments in the form of the administrative penalty thus looks;

2) the data characterising the person of the person involved in administrative responsibility. Here important value have: an explanation of the offender about the reason of non-payment of the penalty in time, the explanations of witnesses containing data, persons characterising the relation, to norms and the rules established in the law. Besides, data about earlier made by the person involved in administrative responsibility, the offences encroaching on the established order of management and other offences;

3) data on a property status of the person involved in administrative responsibility;

4) guilt of the person in administrative violation fulfilment;

5) the circumstance aggravating administrative responsibility in which quality fulfilment of the offence provided ch can act only repeated within a year. 1 items 20.25 KoAP the Russian Federation;

6) the circumstances softening administrative responsibility:) repentance of the person who have made an offence; voluntary compensation of the caused damage (payment of the administrative penalty after the expiration established for this term); offence fulfilment at confluence of heavy personal or family circumstances; fulfilment of an offence by minors; fulfilment of an offence by the pregnant woman or the woman having juvenile children, etc.;

7) the circumstances excluding application of a concrete kind of administrative punishment, provided in the sanction ch. 1 items 20.25 KoAP the Russian Federation.

3. The final stage consists in a direction of the report on the administrative violation provided ch. 1 items 20.25 KoAP the Russian Federation, to the representative on consideration of the given case to the subject. Police activity at this stage as a whole is carried out in the general order. Considering, that by results of disposal of legal proceeding about such administrative violations the decision on appointment as administrative punishment of administrative arrest can be accepted, the most significant features is a direction of the report on the administrative violation provided ch. 1 items 20.25 KoAP the Russian Federation, to the world judge immediately after its drawing up (ch. 2 items 28.8. KoAP the Russian Federation) and maintenance of personal presence of the person in which relation manufacture on business (25.1 KoAP the Russian Federation) is led.

Thus, the estimation of a role and a police place in the mechanism of application of administrative responsibility for non-payment of the administrative penalty in time, statutory, allows to formulate following conclusions:

1) within the limits of realisation of the considered mechanism the police plays the auxiliary role connected with revealing of the facts of non-payment of administrative penalties and excitation of affairs about corresponding administrative violations. However target mission of police, its is standard-legal and material support, and also organizational features assume necessity of expansion of participation of police for realisation of the specified mechanism;

2) available pravoprimenitelja the legal toolkit providing finishing of the decision about appointment of administrative punishment to data of interested persons, timely reception of data on realisation by judges (vessels) of a stage of revision of the decision which have not entered validity on business about administrative violation, reception of the document testifying to payment of the administrative penalty, identification of payments etc., is insufficient for effective realisation of activity on revealing of the administrative violations provided ch. 1 item 20.25 KoAP the Russian Federation, also demands standard specification;

3) increase of efficiency of activity of police at a stage of excitation of affairs about the administrative violations provided ch. 1 items 20.25 KoAP the Russian Federation, it is connected with necessity of entering of some corrective amendments in the is administrative-remedial legislation and the organisation of activity of law-enforcement bodies.

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A source: Zhiltsov Andrey Vladimirovich. ADMINISTRATIVE RESPONSIBILITY FOR NON-PAYMENT of the ADMINISTRATIVE PENALTY In time, STATUTORY, And the POLICE ROLE In the MECHANISM of ITS APPLICATION. The dissertation on competition of a scientific degree of the master of laws. Omsk 2014. 2014

More on topic § 3. Organization-legal bases of excitation by police of affairs about the administrative violations provided by a part of 1 article 20.25 KoAP the Russian Federation:

  1. § 2. Legal regulation and the organisation of activity of police in the course of revealing of the administrative violations provided by a part of 1 article 20.25 KoAP the Russian Federation
  2. § 3. Structure of the administrative violation provided by a part of 1 article 20.25 KoAP the Russian Federation
  3. § 2. Features of structures of the administrative violations provided by item 5.35 KoAP the Russian Federation
  4. § 1. The Officials, authorised to constitute reports on the administrative violations provided by laws of subjects of the Russian Federation
  5. § 2. Bodies and the officials, authorised to consider cases about the administrative violations provided by laws of subjects of the Russian Federation
  6. § 2. Obespechitelnyj payment as a way of maintenance of the obligations which have arisen on the bases, provided by point 2 of article 1062 GK the Russian Federation
  7. 2.2. Realisation by police of measures of remedial maintenance of manufacture on affairs about administrative violations Minors
  8. § 2. Realisation by manufacture police on affairs about the administrative violations connected with occurrence in a condition of alcoholic intoxication In public places
  9. § 1. Excitation and disposal of legal proceeding about administrative violations for default of duties under the maintenance and education of minors
  10. CHAPTER 1. MEASURES OF MAINTENANCE OF MANUFACTURE ON AFFAIRS ABOUT ADMINISTRATIVE VIOLATIONS IN SYSTEM OF MEASURES OF THE ADMINISTRATIVE COMPULSION APPLIED BY EMPLOYEES OF POLICE
  11. § 2.2. The objective party of the crime provided by article 151.1 UK the Russian Federation
  12. § 3. Mission of measures of maintenance of manufacture on affairs about the administrative violations encroaching on a public order and the public safety, and guarantees of the rights of citizens during their application by employees of police
  13. the Second paragraph «Administrative investigation in system of stages of manufacture on affairs about administrative violations»
  14. CHAPTER 2. FEATURES OF APPLICATION BY EMPLOYEES OF POLICE OF SEPARATE MEASURES OF MAINTENANCE OF MANUFACTURE ON AFFAIRS ABOUT THE ADMINISTRATIVE VIOLATIONS ENCROACHING ON THE PUBLIC ORDER AND THE PUBLIC SAFETY
  15. § 2. Use of results of the investigatory action provided Article 186.1 UPK the Russian Federation, at investigation of separate kinds of crimes
  16. §2. Terms of reference of subjects of the Russian Federation in the field of the legislation on administrative violations
  17. ANNENKOV Alexey Jurevich. is administrative-REMEDIAL And ORGANIZATIONAL-TACTICAL BASES of ARREST of the GOODS, VEHICLES And OTHER THINGS BY MANUFACTURE ON AFFAIRS ABOUT ADMINISTRATIVE VIOLATIONS. The dissertation AUTHOR'S ABSTRACT on competition of a scientific degree of the master of laws. Moscow, -2008 2008