Business executives, officials, and ordinary administrative law offenders often avoid responsibility, delaying the decision of cases, such as failure to appear in court for "good cause."So they waited, when will the time specified in the law for consideration of the case to adjudication was illegal.Such ploys have long understood by prosecutors and the court, but under the law to do something very difficult.Therefore, this phenomenon continues to fight parliamentarians.
Administrative Code of the Russian Federation is constantly adjusted through the issuance of federal laws.Recent innovations have been adopted in July 2013 and will enter into force soon.Legislators have changed the statute of limitations for bringing to administrative responsibility for various degrees and types of offenses.If in the early editions featured such periods of time as "a maximum of 1 year, and the minimum - 2 months", at the moment the situation has significantly changed.
For the most part minor misdemeanors the statute of limitations for bringing to administrative responsibility was two months.This means that the decision on the case can not be made if two months have passed since the discovery of an offense with a continuing character, or since once an administrative offense.The law specifies instances of judicial proceedings in which the involvement of prescription corresponds to 3 months.
A number of offenses listed in the fourth chapter of the fourth article (in the first subparagraph of the Administrative Code of the Russian Federation), among them - questions about the protection of citizens' health, information activities, illegal meetings and demonstrations, disturbances on the road with the consequences, elections and referendums, immigration policy,taxes and levies, fiscal, competition, patent, currency legislation and others. - may be considered for one year.The statute of limitations for bringing to administrative responsibility in the two years set for violations of customs laws.And the biggest period of time to review the matters provided for in the Anti-Corruption - 6 years from the time when the offense was committed.
Among the measures of administrative responsibility are the most common - it is fine.But it is also often used disqualification - punishment, which is manifested in the ban on specified period to hold office or perform certain activities.The decision on disqualification may be made no later than one year from the date of the offense.Some
first offense as criminal, then they are transferred into the category of administrative.In these cases, the prosecution is stopped rather quickly, since the statute of limitations for criminal responsibility is much more (from 2 to 15 years), the investigation is long and retraining automatically ends his time.
The use of banned substances by athletes to improve performance results of the competition is also subject to prosecution.The statute of limitations for bringing to administrative responsibility in such cases begins to run from the time of data transmission laboratory, which recognizes the World Anti-Doping Organisation in the Russian Anti-Doping Center.
As a general rule, the statute of limitations for administrative prosecution counted from the moment the offense was committed, exceptions are misdemeanors committed in the Antarctic.In this case, the matter begins to be considered from the date of receipt of the data in violation of the authorities, have the ability to fix it.
law states that if a citizen will require transfer of the case to another court, the time required for the implementation of the legal procedures for this, is not included within the time allotted for the production of the case.
Thus, the law clearly towers while conducting an investigation and punishment for different types of violations of administrative law, given their gravity and seriousness of the consequences for society.In such conditions, avoid responsibility offenders will be more difficult.But most of the citizens should know that the provisions stipulate AK primarily their right to protection from delaying cases and red tape parsed.Thus, minor offenses dealt with quickly, and it makes a decision.
