Official text:

Article 12.24. Violation of traffic rules or vehicle operating rules, resulting in minor or moderate harm to the health of the victim

1. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in minor harm to the health of the victim, shall entail the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

2. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim, shall entail the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years.

Notes:

1. Minor harm to health should be understood as a short-term health disorder or minor permanent loss of general ability to work.

2. Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third.

Lawyer's comment:

The object of this offense is road safety. An additional object is the health of citizens. From the objective side, the administrative offenses provided for in this article are expressed in violation of traffic rules or rules for operating vehicles. The disposition of this norm is blanket, since it does not name the signs of violations of traffic rules or operation of vehicles. Signs of such violations are contained in other regulations: Traffic Rules of the Russian Federation, Basic provisions for the admission of vehicles to operation and the duties of officials to ensure road safety.

The list of traffic rules is contained in the government act Road Traffic Rules of the Russian Federation. The general requirement for all road users is that they must act in such a way as not to cause traffic hazards or harm. Persons who violate the Rules are liable in accordance with current legislation. Within the meaning of this article, it is not about violating all traffic rules, but those whose observance is entrusted to vehicle drivers. These include rules, norms establishing the traffic order, requirements for road signs and roadway markings, speed, overtaking, crossing intersections, etc.

In order to be held accountable under this article, it is necessary to establish which traffic rule was violated by the driver.

The basic requirements for the operation of vehicles are contained in the Federal Law "On Road Traffic Safety", the Road Traffic Rules of the Russian Federation, the Basic Provisions for the Admission of Vehicles to Operation and the responsibilities of officials to ensure road safety. In accordance with Article 16 of the Federal Law "On Road Safety", the technical condition and equipment of vehicles participating in road traffic must ensure road safety. The responsibility for maintaining vehicles involved in road traffic in technically sound condition rests with the owners of the vehicles or the persons operating the vehicles.

In accordance with clause 2.3. According to the Rules of the Road, the driver of a vehicle is obliged to check before departure and ensure the good technical condition of the vehicle on the way in accordance with the Basic Provisions for the admission of vehicles to operation and the responsibilities of officials to ensure road safety.

Part 2 of this article establishes increased liability for the same offense, but resulting in the infliction of moderate harm to the health of the victim. In cases where a violation of the Rules of the Road and the operation of vehicles has resulted, through negligence, infliction of serious harm to human health or the death of a person, criminal liability arises in accordance with Article 264

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

1. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in minor harm to the health of the victim, shall entail the imposition of an administrative fine in the amount of two thousand five hundred to five thousand rubles or deprivation of the right to drive vehicles for a period of one to one and a half years. 2. Violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of moderate harm to the health of the victim, shall entail the imposition of an administrative fine in the amount of ten thousand to twenty-five thousand rubles or deprivation of the right to drive vehicles for a period of one and a half to two years. Notes: 1. Minor harm to health should be understood as short-term health disorder or minor permanent loss of general ability to work. 2. Infliction of moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general ability to work by less than one third.

Legal advice under Art. 12.24 Code of Administrative Offenses of the Russian Federation

Ekaterina Tsvetkova

Question for drivers!

• In any case, deprivation of 1.5 g. according to 12.8 of the Code of Administrative Offenses (presence of 0.4 ppm) The accident occurred due to non-compliance with the distance in violation of 10.1 of the traffic rules. Further, it is a little controversial how a violation can be classified. Failure to keep the distance would be a blow in the ass, but...

Klavdiya Nikitina

There is a dispute about the interpretation of clause 13.8 of the traffic rules (see inside), judge

• Case 5-168/2012 P O S T A N O V L E N I E Omsk, st. 9-ya Severnaya, no. 99 August 30, 2012 Pervomaisky District Court of Omsk, composed of presiding judge Rube T.A., with the secretary of the court session Blagova E.V., having considered the...

Galina Konovalova

Road accident. The victim and the culprit are the same person, what to do? Hello. My husband got into an accident and drove under a bus. I broke my forehead and had to go to the hospital - it turned out it was an abrasion, there was no driver on the bus, no passengers either, the bus was empty and parked. The traffic police officers retained their license and STS. My husband's car was sent to the parking lot. They didn’t leave him in the hospital, they simply treated the abrasion and sent him home. After the hospital he went to the traffic police, where they took his documents. In response, he heard that he would be deprived of his rights for causing minor harm to health to the victim (he himself is the victim), but the rights were not given, they were allegedly attached to the case before the trial. They say he faces deprivation of his rights. Is it possible? After all, there seem to be no casualties; his abrasion on his forehead does not even qualify as causing slight harm. What should my husband do next? Just wait or do something, what exactly? What could really threaten him? Thanks for answers!

• Lawyer's answer:

  Don't listen to any idiots like "DobryakFirst". There is Art. 12.24 of the Code of Administrative Offenses “Violation of traffic rules or rules of operation of a vehicle, resulting in the infliction of slight or moderate harm to the health of the victim.” Although the IDPS do not establish the degree of harm, he is still right. But even without an examination, we can say that the composition of the administrative law provided for in Art. 12.24 is not here. The rules for approving the severity of harm were approved by Decree of the Government of the Russian Federation dated August 17, 2007 No. 522. In accordance with this, the PPRF of the Ministry of Health and Social Development adopted Order No. 194n dated April 24, 2008 “On approval of medical criteria for determining the severity of harm caused to human health” Clause 9 of the appendix to this order states: “Superficial injuries, including: abrasion, bruise, soft tissue contusion, including bruising and hematoma, superficial wound and other injuries that do not entail short-term health problems or minor permanent loss of general ability to work, are regarded as injuries that did not cause harm to human health. “So there are and cannot be any grounds for depriving the husband of his rights.

Stepan Nizkous

Is there a time limit for considering an offense? Traffic rules 10.1: rights are not given and charges are not handed down for 7 months. What to do? The situation was like this: a passenger was injured on a slippery road in a ditch (the friend in my car has no complaints) The traffic police has been considering this case for 7 months now, the car has been arrested, charges have not been issued, the question is: should I pay for the parking of the seized vehicle (due to the fault of the traffic police) and are there certain The law has a time limit for considering this case. As far as I know, the maximum punishment under this paragraph of the rules is deprivation of rights for 6 months and the investigation is already underway 7. What to do?

• Lawyer's answer:

  Depending on the article (for example, Article 12.24 of the Code of Administrative Offenses of the Russian Federation), under which the case was initiated under the Code of Administrative Offenses of the Russian Federation, the statute of limitations for bringing to the admin. liability may be 1 year. . Limitation period for bringing to administrative responsibility 1. A decision in a case of an administrative offense cannot be made after two months (in a case of an administrative offense considered by a judge - after three months) from the date of commission of the administrative offense, but for a violation of the legislation of the Russian Federation. ..on road safety (in terms of administrative offenses that resulted in minor or moderate harm to the health of the victim) after one year from the date of commission of the administrative offense. Code of Administrative Offenses of the Russian Federation Deprivation of rights does not occur under the rules, but is a punishment under an article of the Code of Administrative Offenses of the Russian Federation. And in this case, most likely you are accused of violating traffic rules and causing harm to the health of a passenger. In addition, the adm. will most likely be carried out now. investigation, the duration of which is 1 month and can be extended for 6 months Art. 28.7 Code of Administrative Offenses of the Russian Federation. Adm. investigation

Karina Bobrova

I am the culprit of the accident

• Your MTPL insurance will cover damage caused to the victim’s car and to the victim himself. You are facing - Article 12.24, part 1. Violation of traffic rules or operating rules of a vehicle, resulting in minor harm...

Yakov Tkach

punishment for hitting a pedestrian

• Lawyer's answer:

• Stepan Natalin

  I hit a person at a pedestrian crossing... can I avoid paying for the damage?. I hit a pedestrian at a crossing with a traffic light. It was morning, the road was snowy, and when the light turned yellow, she was unable to complete the maneuver and continued to move at a speed of 30 km/h. The light turned green and the pedestrian, not making sure that all the vehicles had stopped, began to cross, and then when she saw me, she rushed around and got under my hood - the result was a fracture of the femoral neck, she walked in a cast for 3-4 weeks. The car was not damaged. What will happen to me now? Deprivation of rights for 1.5 years? What if she says that she has no complaints and insists that I not be deprived of my rights? If she resists, how much will the payment for moral damage be? And in general, on what basis will I owe anything? After all, her period of incapacity for work is also covered by her treatment under the compulsory medical insurance policy? And the road was snowy, the road services did not clear it, maybe something can be blamed on them? If we reach an agreement with her on a settlement, I give her money, then what kind of paper should I take from her so that she does not continue to extort money?

  • Lawyer's answer:

    Administrative punishment for an accident is one thing. And it does not depend on the will of the victim; she cannot insist on anything. You face a fine (Article 12. 24 of the Code of Administrative Offenses of the Russian Federation) from 2 to 2500 or deprivation of rights for a period of 1.5 to 2 years. But this is provided that the harm caused is of moderate severity. If the examination qualifies the damage as severe, then this is criminal liability. Compensation for damages, including moral damages, is completely different, and here everything depends entirely on her. Even if it were not your fault, although in this case it was, you, as the owner of a source of increased danger, on the basis of the Civil Code, are still responsible for causing harm. Yes, the treatment is covered by compulsory medical insurance, but this does not mean that she could not have incurred expenses for this treatment. These include medications and paid services from doctors and paid diagnostics, if she decided to use paid services and possible loss of earnings, as well as moral damage. You need to take a receipt from her, which would list all the amounts you transferred and their purpose - compensation for material damage, moral damage, and indicate that the damage was fully compensated, she has no claims against you.

In accordance with part 1 Article 12.24 of the Code of Administrative Offenses of the Russian Federation violation of traffic rules or vehicle operating rules, resulting in damage minor harm to the victim's health, -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles or deprivation of the right to drive vehicles for a period of one to one and a half years.

In accordance with Part 2 of Article 12.24 of the Code of Administrative Offenses of the Russian Federation, violation of the Traffic Rules or operating rules of a vehicle, resulting in moderate harm to the victim's health, -

shall entail the imposition of an administrative fine in the amount of two thousand to two thousand five hundred rubles or deprivation of the right to drive vehicles for a period of one and a half to two years.

According to the note to Art. 12.24 Code of Administrative Offenses of the Russian Federation:

1. Under causing slight harm to health should be understood as a short-term health disorder or a minor permanent loss of general ability to work.

2. Under causing moderate harm to health should be understood as a non-life-threatening long-term health disorder or a significant permanent loss of general working capacity of less than one third.

Violation by a person driving a car, tram or other mechanical vehicle of traffic rules or operation of vehicles, resulting in negligence causing grievous bodily harm or death of a person, is qualified in accordance with the requirements of the Criminal Code of the Russian Federation:

Article 264. Violation of traffic rules and operation of vehicles

1. Violation by a person driving a car, tram or other mechanical vehicle of traffic rules or operation of vehicles, resulting in negligence in causing grievous bodily harm person -
shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, with or without deprivation of the right to drive a vehicle for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with imprisonment the right to drive a vehicle for a period of up to three years or without it.

2. The act provided for in the first part of this article, committed by a person in a state of intoxication, which, through negligence, resulted in causing grievous bodily harm person -
shall be punishable by forced labor for a term of up to three years with deprivation of the right to drive a vehicle for a term of up to three years, or imprisonment for a term of up to four years with deprivation of the right to drive a vehicle for a term of up to three years.

3. The act provided for in the first part of this article, resulting in negligence death of a person, -
shall be punishable by forced labor for a term of up to four years with deprivation of the right to drive a vehicle for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to drive a vehicle for a term of up to three years.

4. The act provided for in the first part of this article, committed by a person in a state of intoxication, resulting in negligence death of a person, -
shall be punishable by imprisonment for a term of up to seven years with deprivation of the right to drive a vehicle for a term of up to three years.

5. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to drive a vehicle for a term of up to three years, or imprisonment for a term of up to seven years with deprivation of the right to drive a vehicle for a term of up to three years.

6. An act provided for in the first part of this article, committed by a person in a state of intoxication, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to drive a vehicle for a term of up to three years, or imprisonment for a term of up to nine years with deprivation of the right to drive a vehicle for a term of up to three years.

Note. In this article, other mechanical vehicles mean trolleybuses, as well as tractors and other self-propelled vehicles, motorcycles and other mechanical vehicles.

qualifying features: driver, participant, accident with victims, accident with victims, violation of traffic rules or vehicle operating rules, resulting in harm to health or death of the victim, harm to health, qualifying signs of harm to health

When implementing protection according to Article 12.24 Code of Administrative Offenses ( accident with victims), 264 of the Criminal Code of the Russian Federation It should be borne in mind that according to paragraph 1 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated October 24, 2006 No. 18, as amended by the resolutions of the Plenum of the Supreme Court of the Russian Federation dated November 11, 2008 No. 23 and dated February 9, 2012 No. 2, with When determining the subject of an administrative offense under Chapter 12 of the Code of Administrative Offenses of the Russian Federation, it should be taken into account that driver is the person driving the vehicle, regardless of whether he has the right to drive vehicles of all categories or only a certain category, or whether he has no such right at all. A person teaching driving is also considered a driver.

The actions of the driver, expressed in violation of the Traffic Rules or the rules of operation of the vehicle, which resulted in a traffic accident and harm to the health of the victim, form the objective side of the administrative offense provided for in Article 12.24 of the Administrative Code of the Russian Federation, regardless of where exactly the accident occurred : on the road or within the surrounding area.

According to clause 1.2 of the Traffic Rules " " - event that occurs during movement on the road of the vehicle and with its participation, in which people were killed or injured, vehicles damaged, structures, cargo or caused by another material damage .

Victim- face, life, whose health or property was damaged when using a vehicle by another person, including a pedestrian, a driver of a vehicle who has been harmed, and a passenger of a vehicle who is a participant in a traffic accident (Federal Law of April 25, 2002 No. 40-FZ "On compulsory insurance of civil liability of vehicle owners funds").

It should be borne in mind that in accordance with paragraph 2 of the “Rules for examining a person who drives a vehicle for alcohol intoxication and recording its results, sending the said person for a medical examination for intoxication, medical examination of this person for intoxication and registering it results and rules for determining the presence of narcotic drugs or psychotropic substances in the human body during a medical examination for the state of intoxication of a person who drives a vehicle", approved by Decree of the Government of the Russian Federation of June 26, 2008 No. 475, examination for the state of alcohol intoxication, medical examination for the driver of a vehicle in respect of whom there are sufficient grounds to believe that he is in a state of intoxication, as well as the driver in respect of whom a ruling has been made to initiate proceedings on an administrative offense provided for Article 12.24 Code of the Russian Federation on Administrative Offences.

Due to the diversity of factual circumstances in each specific case, it is not possible to give any single template advice on the implementation of the defense. At the same time, it should be borne in mind that in accordance with Part 1 of Art. 2.1 of the Code of Administrative Offences, an administrative offense is recognized as unlawful, guilty action (inaction) of an individual or legal entity, expressed in violation of traffic rules or vehicle operating rules.

In accordance with paragraph 2 of the Rules for determining the severity of harm caused to human health, approved by Decree of the Government of the Russian Federation of August 17, 2007 No. 522, under harm caused to human health, is understood as a violation of the anatomical integrity and physiological function of human organs and tissues as a result of exposure to physical, chemical, biological and mental environmental factors.

The severity of harm caused to human health is determined by a doctor - a forensic medical expert of a medical institution or an individual entrepreneur who has special knowledge and is licensed to carry out medical activities, including work (services) on forensic medical examination (hereinafter referred to as the expert).

The severity of the harm caused to a person’s health, expressed in permanent disfigurement of his face, is determined by the court. The forensic medical examination is limited only to establishing the indelibility of the specified damage.

In accordance with paragraph 3 of the Rules for determining the severity of harm caused to human health, approved by Decree of the Government of the Russian Federation of August 17, 2007 No. 522, harm caused to human health , is determined depending on the degree of its severity (serious harm, moderate harm and light harm) on the basis of the qualifying criteria provided for in paragraph 4 of these Rules, and in accordance with the medical criteria for determining the severity of harm caused to human health, approved by the Ministry of Health and Social Affairs development of the Russian Federation.

Court decisions based on the application of the norm of Article 12.24 of the Code of the Russian Federation on Administrative Offences.

Art. 12.24 Code of Administrative Offenses of the Russian Federation. Violation of traffic rules or vehicle operating rules, resulting in minor or moderate harm to the health of the victim

Arbitrage practice

Resolution No. 4A-619/2019 of June 28, 2019 in case No. 4A-619/2019

Supreme Court of the Republic of Bashkortostan (Republic of Bashkortostan) - Administrative offenses

On the decision of the judge of the Supreme Court of the Republic of Bashkortostan dated December 19, 2018 in the case of an administrative offense provided for in Part 2 of Article 12.24 of the Code of the Russian Federation on Administrative Offenses, in relation to Elvira Fanuzovna Nazmeeva, U S T A N O V I L A : by the decision of the judge of the Chishminsky District Court...

Decision No. 71-75/2019 of June 28, 2019 in case No. 71-75/2019

June 3, 2019 (the operative part of the resolution was announced on May 29, 2019) Masasin E.A. found guilty of committing an administrative offense under Part 1 of Article 12.24 of the Code of Administrative Offenses of the Russian Federation, and he was given an administrative penalty in the form of deprivation of the right to drive vehicles for a period of 1 year 1 month. In the complaint...

Decision No. 12-142/2019 of June 28, 2019 in case No. 12-142/2019

Astrakhan Regional Court (Astrakhan region) - Administrative offenses

Suda Stepin A.B. at the secretary Ivanova L.S., having considered in open court the complaint of Abdulkhamidov FULL NAME6 against the decision of the Sovetsky District Court of Astrakhan dated April 24, 2019 on bringing to administrative liability under Part 1 of Article 12.24 of the Code of Administrative Offenses of the Russian Federation, established: by the decision of the Sovetsky District Court of Astrakhan...

Decision No. 71-68/2019 of June 28, 2019 in case No. 71-68/2019

Kurgan Regional Court (Kurgan region) - Administrative offenses

S.V.M. on the decision of the judge of the Kurgan City Court of the Kurgan Region dated April 18, 2019 in the case of an administrative offense provided for in Part 1 of Article 12.24 of the Code of the Russian Federation on Administrative Offenses, in relation to Karp Denis Vladimirovich, born<...>in, established: by the decision of the judge of the Kurgan City Court of the Kurgan Region dated April 18, 2019 ...

Resolution No. 4A-417/2019 of June 28, 2019 in case No. 4A-417/2019

Khabarovsk Regional Court (Khabarovsk Territory) - Administrative offenses

O.V. on the rulings of the judge of the Khabarovsk District Court of the Khabarovsk Territory dated January 17, 2019. and the decision of the judge of the Khabarovsk Regional Court dated March 12, 2019. in the case of an administrative offense under Part 2 of Art.

12.24 of the Code of Administrative Offenses of the Russian Federation, in relation to Popenko O.V., ESTABLISHED: By the resolution of the Khabarovsk District Court of the Khabarovsk Territory...

Decision No. 30-1-150/2019 of June 28, 2019 in case No. 30-1-150/2019

Yaroslavl Regional Court (Yaroslavl Region) - Administrative offenses

City Court of the Yaroslavl Region dated April 25, 2019, by which Alexey Valerievich Boyko was found guilty of committing an administrative offense under Part 1 of Art.

12.24 of the Code of Administrative Offenses of the Russian Federation, and he was sentenced to deprivation of the right to drive vehicles for a period of 1 year, US T A N O V I L: ...

Resolution No. 5-10/2019 of June 28, 2019 in case No. 5-10/2019

Znamensky District Court (Omsk Region) - Administrative offenses

Znamensky District Court of the Omsk Region Vedenev V.V., with the secretary of the court session Semenova L.M., having examined the materials of the case on an administrative offense under Part 1 of Art.

12.24 Code of Administrative Offenses of the Russian Federation, with the participation of Plaksin A.V. and D., in relation to Plaksin A.V., ESTABLISHED: Plaksin A.V. committed a violation of clause 10.1 of the traffic rules in the following...

• Decision No. 12-55/2019 of June 28, 2019 in case No. 12-55/2019