Administrative investigation - problems of application. Administrative investigation - problems of application of Article 28.7 of the Code of Administrative Offenses of the Russian Federation on administrative offenses

1. In cases where, after identifying an administrative offense in the field of antimonopoly, patent legislation, legislation on natural monopolies, legislation on advertising, legislation on joint stock companies, on the securities market and on investment funds, insurance legislation, legislation on elections and referendums, legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, legislation of the Russian Federation on countering terrorism (regarding the administrative offense provided for in Article 15.27.1 of this Code), legislation on combating corruption, labor legislation, legislation on combating misuse insider information and market manipulation, legislation on narcotic drugs, psychotropic substances and their precursors, legislation on physical culture and sports in terms of preventing and combating doping in sports, violation of the requirements for regulations (regulations) on official sports competitions, legislation on state regulation of activities related to the organization and conduct of gambling in terms of violation of requirements for organizers of gambling in bookmakers and sweepstakes when placing bets on official sports competitions and conducting other gambling, migration legislation, currency legislation of the Russian Federation and acts of currency regulatory authorities , legislation on the protection of consumer rights, on technical regulation in terms of the activities of certification bodies and testing laboratories (centers), on the organization and conduct of gambling, on the protection of public health, on copyright and related rights, on trademarks, marks services and appellations of origin of goods, in the field of budgetary legislation of the Russian Federation and regulatory legal acts regulating budgetary legal relations, legislation in the field of taxes and fees, sanitary and epidemiological welfare of the population, veterinary medicine, plant quarantine, public morality, customs affairs, export control, government regulation of prices (tariffs) for goods (services), on the basis for regulating tariffs of public utility organizations, in the field of environmental protection and natural resource management, production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, fire safety, industrial safety, safety of hydraulic structures, in the field of use of nuclear energy, on electric power, on heat supply, on water supply and sanitation, on gas supply, on urban planning activities, in the field of road traffic and transport, insolvency (bankruptcy), legislation of the Russian Federation in the field of state defense procurement, on the contract system in the field of procurement of goods, works, services to meet state and municipal needs, in the field of procurement of goods, works, services by certain types of legal entities, on the protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, on state registration of legal entities and individual entrepreneurs, on the use of cash register equipment, as well as after the discovery of an administrative offense against the management procedure (in terms of failure to provide or incomplete provision by a film demonstrator performing a paid screening of a film in a cinema hall, information to the unified federal automated information system about the showing of films in cinema halls or provision of knowingly false information), in the field of property protection (in terms of administrative offenses provided for in Article 7. 5 of this Code), an examination or other procedural actions are carried out that require significant time, and also in cases of administrative offenses provided for in 7.27 of this Code, an administrative investigation is carried out.

2. The decision to initiate a case of an administrative offense and conduct an administrative investigation is made by an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense, in the form of a ruling, and by the prosecutor in the form of a resolution, immediately after identifying the fact that an administrative offense has been committed.

3. The determination to initiate a case of an administrative offense and conduct an administrative investigation shall indicate the date and place of drawing up the determination, the position, surname and initials of the person who compiled the determination, the reason for initiating the case of an administrative offense, data indicating the existence of an event of an administrative offense, article of this Code or law of a constituent entity of the Russian Federation, providing for administrative liability for this administrative offense. When issuing a ruling to initiate a case on an administrative offense and conduct an administrative investigation, the individual or legal representative of the legal entity in respect of whom it was issued, as well as other participants in the proceedings on the administrative offense, are explained their rights and obligations provided for by this Code, what is done entry in definition.

3.1. A copy of the ruling on initiating a case of an administrative offense and conducting an administrative investigation within 24 hours is handed over against receipt or sent to the individual or legal representative of the legal entity in respect of whom it was issued, as well as to the victim.

4. An administrative investigation is carried out at the place where an administrative offense was committed or detected. An administrative investigation into a case of an administrative offense initiated by an official authorized to draw up protocols on administrative offenses is carried out by the said official, and by decision of the head of the body in charge of the case of an administrative offense, or his deputy - by another official of this body authorized draw up protocols on administrative violations.

5. The period for conducting an administrative investigation cannot exceed one month from the moment the case of an administrative offense was initiated. In exceptional cases, this period may be extended at the written request of the official in charge of the case:

1) by the decision of the head of the body in charge of which the case of an administrative offense is pending, or his deputy - for a period of no more than one month;

2) by the decision of the head of a higher customs authority or his deputy, or by the decision of the head of the federal executive body authorized in the field of customs affairs, which is in charge of the case of an administrative offense, or his deputy - for a period of up to six months;

3) by the decision of the head of a higher authority on cases of violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of slight or moderate harm to the health of the victim - for a period of up to six months;

4) by the decision of the head of a higher authority on cases of illegal organization and conduct of gambling - for a period of up to six months.

5.1. The decision to extend the period for conducting an administrative investigation is made in the form of a ruling. The determination to extend the period for conducting an administrative investigation shall indicate the date and place of drawing up the determination, the position, surname and initials of the person who compiled the determination, the grounds for extending the period for conducting the administrative investigation, and the period until which the administrative investigation has been extended. The determination to extend the period for conducting an administrative investigation is signed by the head or his deputy who issued it in accordance with Part 5 of this article.

5.2. A copy of the determination to extend the period for conducting an administrative investigation within 24 hours is handed over against receipt or sent to the individual or legal representative of the legal entity in respect of whom the administrative investigation is being conducted, as well as to the victim.

6. At the end of the administrative investigation, a protocol on the administrative offense is drawn up or a resolution is issued to terminate the case on the administrative offense.

Commentary to Art. 28.7 Code of Administrative Offenses of the Russian Federation

1. Part 1 of the commented article lists the types of administrative offenses, after detection of which an administrative investigation is carried out.

Thus, these include administrative offenses provided for:

1) art. 14.3 (violation of advertising legislation);

2) Art. Art. 5.1 - 5.25, 5.45 - 5.52 (violation of legislation on elections and referendums);

3) art. 15.27 (violation of legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism);

4) art. Art. 14.6, 14.9, part 2 art. 19.5, art. 19.8 (administrative offenses in the field of antimonopoly legislation);

5) Art. Art. 15.3 - 15.13 (administrative offenses in the field of taxes and fees);

6) Art. 15.25 (administrative offenses in the field of currency legislation);

7) Art. Art. 14.4, 14.5, 14.7, 14.8, 14.15 (administrative offenses in the field of consumer protection legislation);

8) art. Art. 16.1 - 16.22 (administrative offenses in the field of customs affairs);

9) art. Art. 8.1 - 8.23 ​​(administrative offenses in the field of environmental protection);

10) Art. Art. 14.16 - 14.19, 15.13 (administrative offenses in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products);

11) art. — 12.37 (administrative offenses in the field of traffic);

12) art. Art. 11.1 - 11.29 (administrative offenses in transport);

13) art. Art. 8.32, 11.16, 20.4 (administrative offenses in the field of fire safety) of the Administrative Code.

An administrative investigation in these cases can be carried out during procedural actions provided for by the Code of Administrative Offenses, which require significant time expenditure: examination (see commentary to Articles 26.4, 26.5), collection and recording of material evidence (see commentary to Article 26.6), reclamation information and assessment of evidence (see commentary to Articles 26.10, 26.11, respectively), as well as in these cases when clarifying the circumstances in a case of an administrative offense (see commentary to Article 26.1).

2. If it is necessary to conduct an administrative investigation, an official authorized to draw up a protocol on an administrative offense shall issue a ruling to initiate a case on an administrative offense. According to clause 3, part 4, art. 28.1 the case is considered initiated from the moment the ruling is made.

Officials authorized to draw up protocols on administrative offenses are indicated in Parts 2, 3 of Art. 28.3 (see commentary to Article 28.3).

3. According to Part 1 of Art. 28.4 of the Code, the prosecutor has the right to initiate a case of administrative offenses provided for in Art. Art. 12.35, 12.36 and 15.10 of the Code. Upon detection of other administrative offenses specified in Part 1 of the commented article, the prosecutor has the right to initiate a case when exercising supervision over compliance with the Constitution of the Russian Federation and the implementation of laws in force on the territory of the Russian Federation. The decision to initiate a case on an administrative offense, issued by the prosecutor immediately after revealing the fact of the commission of the specified offense, must indicate the conduct of an administrative investigation.

4. The place of commission of an administrative offense in accordance with Part 4 of the commented article is considered to be the place where the fact of its commission was revealed, the presence of an administrative offense. It must be confirmed or refuted during the administrative investigation and subsequent procedural actions in the case provided for by the Code.

5. The period for conducting an administrative investigation cannot exceed one month from the moment the case of an administrative offense was initiated. Part 5 of the commented article lists cases when this period can be extended at the written request of the official in charge of the case. In this case, the decision to extend the period for conducting an administrative investigation is made in the form of a determination, which must indicate the date and place of drawing up the determination, the position, surname and initials of the person who compiled the determination, the grounds for extending the period for conducting the administrative investigation, the period until which the administrative investigation is extended investigations. A copy of the determination to extend the period for conducting an administrative investigation within 24 hours is handed over against receipt or sent to the individual or legal representative of the legal entity in respect of whom the administrative investigation is being conducted, as well as to the victim.

6. At the end of the administrative investigation, a protocol on the administrative offense must be drawn up or a resolution must be issued to terminate the proceedings on the administrative offense. In accordance with Art. 28.9 of the Code, the specified resolution is made by the official in charge of the case, before transferring the case for consideration, in the presence of at least one of the circumstances precluding the proceedings under Art. 24.5 of the Code.

Administrative investigation

Commentary on Article 28.7 of the Code of Administrative Offenses of the Russian Federation:

1. Within the meaning of this article of the Code, an administrative investigation is a special procedure for the preliminary study of data indicating the event of an administrative offense, but in its entirety it is still insufficient for drawing up a protocol on an administrative offense. The legislator allows this procedure only when identifying administrative offenses in the areas of legislation listed in Part 1 of this article, and if it is necessary to conduct an examination or other procedural actions that require significant time expenditure.

2. Part 2 of the commented article defines the officials authorized to order an administrative investigation, as well as the types of procedural documents drawn up in this case. The instruction to immediately make a decision to initiate a case of an administrative offense and conduct an administrative investigation appears to be aimed at preventing violation of the established deadlines for drawing up a protocol on an administrative offense (see commentary to Article 28.5).

3. In connection with the above, it is necessary to distinguish between the provisions of Part 2 of Art. 28.2 of the Code on drawing up a protocol on an administrative offense, providing for the mandatory description of the event of an offense, and the provisions of Part 3 of the commented article, establishing that the determination of an authorized official or the prosecutor’s decision to initiate a case of an administrative offense and conduct an administrative investigation indicates the reason for initiating such cases and data indicating the existence of an administrative offense event.

4. When issuing a ruling on initiating a case and conducting an administrative investigation, the participants in the proceedings shall explain their rights and obligations provided for by the Code, about which a corresponding entry is made in the ruling.

According to Part 3.1 of the commented article, a copy of the ruling must be delivered within 24 hours against receipt or sent to the individual or legal representative of the legal entity in respect of whom it was issued, as well as to the victim.

5. The provisions of Part 4 of this article, that an administrative investigation is carried out at the place where an administrative offense was committed or detected, are predetermined by the need to carry out an examination or other procedural actions during the administrative investigation. When analyzing these provisions, it should be taken into account that upon completion of the investigation of an administrative offense, the case is considered at the location of the body that conducted the administrative investigation (Part 2 of Article 29.5).

As a general rule, if a case is initiated by an official authorized to draw up protocols on administrative offenses, an administrative investigation into this case is carried out by the specified official. In addition, by decision of the head of the body in charge of the case, or his deputy, an administrative investigation may be carried out by another official of this body, also authorized to draw up protocols on administrative offenses.

6. The deadlines established by Part 5 of the commented article should be considered taking into account the provisions of Art. 28.5 of the Code. Moreover, taking into account the indication of the need to immediately make a decision on an administrative investigation, the total period of the administrative investigation (according to Part 5 of this article - one, two or seven months) cannot be supplemented by two days on the basis of Part 2 of Art. 28.5 of the Code.

The procedure for extending the period for conducting an administrative investigation includes filing a written petition by the official in charge of the case, and making a decision on the extension (for a certain period) by the appropriate person: 1) the head of the body in charge of which the case is in progress, or his deputy (for a period no more than 1 month); 2) the head of a higher customs authority or his deputy or the head of the federal executive body authorized in the field of customs affairs (Federal Customs Service), which is in charge of the case, or his deputy (for a period of up to 6 months); 3) the head of a higher authority in cases of violation of traffic rules or rules of operation of a vehicle, resulting in the infliction of light or moderate harm to the health of the victim (for a period of up to 6 months).

7. The procedural form of the decision made to extend the period for conducting an administrative investigation is also a determination. It, in particular, indicates the grounds for extending the specified period and the period until which the administrative investigation is extended (Part 5.1 of this article).

8. The delivery or sending of a copy of the ruling on extending the period for conducting an administrative investigation provided for in part 5.2 of the commented article is similar to the actions regulated in part 3.1 of the same article.

9. In the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 “On some questions that arise for courts when applying the Code of the Russian Federation on Administrative Offenses” (RG. 2005. April 19) the content of the administrative investigation is explained in detail and it is emphasized that that it must consist of real actions aimed at obtaining the necessary information.

10. When drawing up procedural documents specified in Part 6 of this article, you must be guided by the provisions of Art. Art. 24.5, 28.2 of the Code.

1. In cases where, after identifying an administrative offense in the field of antimonopoly, patent legislation, legislation on the media (in terms of administrative offenses provided for in Article 13.15 of this Code), legislation on natural monopolies, legislation on advertising, legislation on joint stock companies, the securities market and on investment funds, insurance legislation, legislation on the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts, legislation on elections and referendums, legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism , legislation of the Russian Federation on countering terrorism (regarding the administrative offense provided for in Article 15.27.1 of this Code), legislation on countering extremist activities (regarding the administrative offense provided for in Article 20.3.1 of this Code), legislation on combating corruption, labor legislation, legislation on combating the misuse of insider information and market manipulation, legislation on narcotic drugs, psychotropic substances and their precursors, legislation on physical culture and sports in terms of preventing and combating doping in sports, violation of the requirements for regulations (regulations) on official sports competitions, legislation on state regulation of activities related to the organization and conduct of gambling in terms of violation of requirements for organizers of gambling in bookmakers and sweepstakes when placing bets on official sports competitions and conducting other gambling, migration legislation, currency legislation of the Russian Federation and acts of currency regulation authorities, legislation on the protection of consumer rights, on technical regulation, on accreditation in the national accreditation system, on the organization and conduct of gambling, on the protection of public health, on copyright and related rights, on trademarks, service marks and appellations of origin of goods, in the field of budgetary legislation of the Russian Federation and regulatory legal acts regulating budgetary legal relations, legislation in the field of taxes and fees, sanitary and epidemiological welfare of the population, veterinary medicine, plant quarantine, public morality, customs affairs, export control, government price regulation (tariffs) for goods (services), on the basis for regulating tariffs of public utility organizations, in the field of environmental protection and natural resource management, production and circulation of ethyl alcohol, alcoholic and alcohol-containing products, fire safety, industrial safety, on the safety of hydraulic structures, in the field of use nuclear energy, about the electric power industry, about heat supply, about water supply and sanitation, about gas supply, about urban planning activities, in the field of road traffic and transport, insolvency (bankruptcy), legislation of the Russian Federation in the field of state defense procurement, about the contract system in the field of procurement of goods , works, services to meet state and municipal needs, in the field of procurement of goods, works, services by certain types of legal entities, on the protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation, on state registration of legal entities and individual entrepreneurs, on the application cash register equipment, as well as after identifying an administrative offense against management procedures (in terms of failure to provide or incomplete provision by a film demonstrator performing a paid screening of a film in a cinema hall, information to the unified federal automated information system of information about film screenings in cinema halls or provision of knowingly false information) , in the field of property protection (in terms of administrative offenses provided for in Article 7. 5 of this Code), an examination or other procedural actions are carried out that require significant time, and also in cases of administrative offenses provided for in Articles 6.1.1, 7.27 of this Code, an administrative investigation is carried out.

2. The decision to initiate a case of an administrative offense and conduct an administrative investigation is made by an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense, in the form of a ruling, and by the prosecutor in the form of a resolution, immediately after identifying the fact that an administrative offense has been committed.

3. The determination to initiate a case of an administrative offense and conduct an administrative investigation shall indicate the date and place of drawing up the determination, the position, surname and initials of the person who compiled the determination, the reason for initiating the case of an administrative offense, data indicating the existence of an event of an administrative offense, article of this Code or law of a constituent entity of the Russian Federation, providing for administrative liability for this administrative offense. When issuing a ruling to initiate a case on an administrative offense and conduct an administrative investigation, the individual or legal representative of the legal entity in respect of whom it was issued, as well as other participants in the proceedings on the administrative offense, are explained their rights and obligations provided for by this Code, what is done entry in definition.

3.1. A copy of the ruling on initiating a case of an administrative offense and conducting an administrative investigation within 24 hours is handed over against receipt or sent to the individual or legal representative of the legal entity in respect of whom it was issued, as well as to the victim.

4. An administrative investigation is carried out at the place where an administrative offense was committed or detected. An administrative investigation into a case of an administrative offense initiated by an official authorized to draw up protocols on administrative offenses is carried out by the said official, and by decision of the head of the body in charge of the case of an administrative offense, or his deputy - by another official of this body authorized draw up protocols on administrative violations.

5. The period for conducting an administrative investigation cannot exceed one month from the moment the case of an administrative offense was initiated. In exceptional cases, this period may be extended at the written request of the official in charge of the case:

1) by the decision of the head of the body in charge of which the case of an administrative offense is pending, or his deputy - for a period of no more than one month;

2) by the decision of the head of a higher customs authority or his deputy, or by the decision of the head of the federal executive body authorized in the field of customs affairs, which is in charge of the case of an administrative offense, or his deputy - for a period of up to six months;

3) by the decision of the head of a higher authority in cases of violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of slight or moderate harm to the health of the victim - for a period of up to six months;

4) by the decision of the head of a higher authority on cases of illegal organization and conduct of gambling - for a period of up to six months.

5.1. The decision to extend the period for conducting an administrative investigation is made in the form of a ruling. The determination to extend the period for conducting an administrative investigation shall indicate the date and place of drawing up the determination, the position, surname and initials of the person who compiled the determination, the grounds for extending the period for conducting the administrative investigation, and the period until which the administrative investigation has been extended. The determination to extend the period for conducting an administrative investigation is signed by the head or his deputy who issued it in accordance with Part 5 of this article.

5.2. A copy of the determination to extend the period for conducting an administrative investigation within 24 hours is handed over against receipt or sent to the individual or legal representative of the legal entity in respect of whom the administrative investigation is being conducted, as well as to the victim.

6. At the end of the administrative investigation, a protocol on the administrative offense is drawn up or a resolution is issued to terminate the case on the administrative offense.

Article 28.7. Administrative investigation

1. In cases where, after identifying an administrative offense in the field of antimonopoly, patent legislation, legislation on natural monopolies, legislation on advertising, legislation on joint stock companies, on the securities market and on investment funds, legislation on elections and referendums, legislation on anti-legalization (laundering) of proceeds from crime and the financing of terrorism, legislation on combating the misuse of insider information and market manipulation, legislation on narcotic drugs, psychotropic substances and their precursors, migration legislation, currency legislation of the Russian Federation and acts of currency regulatory authorities, legislation on the protection of consumer rights, on the protection of public health, on copyright and related rights, on trademarks, service marks and names of places of origin of goods, in the field of taxes and fees, sanitary and epidemiological welfare of the population, customs affairs, export control, state price regulation (tariffs) for goods (services), on the basis for regulating tariffs of public utility organizations, in the field of environmental protection, production and circulation of ethyl alcohol, alcohol and alcohol-containing products, fire safety, industrial safety, road traffic and transport, insolvency (bankruptcy) , placing orders for the supply of goods, performance of work, provision of services for state and municipal needs, an examination or other procedural actions are carried out that require significant time, and an administrative investigation is carried out.
(as amended by Federal Laws dated October 30, 2002 N 130-FZ, dated July 4, 2003 N 94-FZ, dated August 20, 2004 N 118-FZ, dated December 27, 2005 N 193-FZ, dated December 31, 2005 N 199-FZ , dated 02.02.2006 N 19-FZ, dated 05.08.2006 N 65-FZ, dated 27.07.2006 N 139-FZ, dated 22.07.2008 N 126-FZ, dated 25.12.2008 N 281-FZ, dated 09.02.2009 N 9-ФЗ, dated 06/03/2009 N 112-ФЗ, dated 12/28/2009 N 380-ФЗ, dated 07/23/2010 N 171-ФЗ, dated 07/27/2010 N 224-ФЗ)

2. The decision to initiate a case of an administrative offense and conduct an administrative investigation is made by an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense, in the form of a ruling, and by the prosecutor in the form of a resolution, immediately after identifying the fact that an administrative offense has been committed.

3. The determination to initiate a case of an administrative offense and conduct an administrative investigation shall indicate the date and place of drawing up the determination, the position, surname and initials of the person who compiled the determination, the reason for initiating the case of an administrative offense, data indicating the existence of an event of an administrative offense, article of this Code or law of a constituent entity of the Russian Federation, providing for administrative liability for this administrative offense. When issuing a ruling to initiate a case on an administrative offense and conduct an administrative investigation, the individual or legal representative of the legal entity in respect of whom it was issued, as well as other participants in the proceedings on the administrative offense, are explained their rights and obligations provided for by this Code, what is done entry in definition.
(as amended by Federal Laws dated January 5, 2006 N 10-FZ, dated June 29, 2009 N 133-FZ)

3.1. A copy of the ruling on initiating a case of an administrative offense and conducting an administrative investigation within 24 hours is handed over against receipt or sent to the individual or legal representative of the legal entity in respect of whom it was issued, as well as to the victim.
(Part three.1 introduced by Federal Law dated January 5, 2006 N 10-FZ, as amended by Federal Law dated June 29, 2009 N 133-FZ)

4. An administrative investigation is carried out at the place where an administrative offense was committed or detected. An administrative investigation into a case of an administrative offense initiated by an official authorized to draw up protocols on administrative offenses is carried out by the said official, and by decision of the head of the body in charge of the case of an administrative offense, or his deputy - by another official of this body authorized draw up protocols on administrative violations.
(as amended by Federal Laws dated August 20, 2004 N 118-FZ, dated June 29, 2009 N 133-FZ)

5. The period for conducting an administrative investigation cannot exceed one month from the moment the case of an administrative offense was initiated. In exceptional cases, this period may be extended at the written request of the official in charge of the case:

1) by the decision of the head of the body in charge of which the case of an administrative offense is pending, or his deputy - for a period of no more than one month;

2) by the decision of the head of a higher customs authority or his deputy, or by the decision of the head of the federal executive body authorized in the field of customs affairs, which is in charge of the case of an administrative offense, or his deputy - for a period of up to six months;

3) by the decision of the head of a higher authority in cases of violation of the Traffic Rules or the rules of operation of a vehicle, resulting in the infliction of slight or moderate harm to the health of the victim - for a period of up to six months.
(part five as amended by Federal Law dated December 28, 2009 N 380-FZ)

5.1. The decision to extend the period for conducting an administrative investigation is made in the form of a ruling. The determination to extend the period for conducting an administrative investigation shall indicate the date and place of drawing up the determination, the position, surname and initials of the person who compiled the determination, the grounds for extending the period for conducting the administrative investigation, and the period until which the administrative investigation has been extended. The determination to extend the period for conducting an administrative investigation is signed by the head or his deputy who issued it in accordance with Part 5 of this article.
(part five.1 introduced by Federal Law dated June 29, 2009 N 133-FZ)

5.2. A copy of the determination to extend the period for conducting an administrative investigation within 24 hours is handed over against receipt or sent to the individual or legal representative of the legal entity in respect of whom the administrative investigation is being conducted, as well as to the victim.
(part five.2 introduced by Federal Law dated June 29, 2009 N 133-FZ)

6. At the end of the administrative investigation, a protocol on the administrative offense is drawn up or a resolution is issued to terminate the case on the administrative offense.