Conducting an administrative investigation - an integral part of the process of bringing to responsibility in cases specified by law. Most cases of prosecution for illegal acts administrative nature do not go through this stage.

What is an administrative investigation

Administrative investigation- This is the stage following the initiation of a criminal case. It must be carried out in controversial cases to determine all the circumstances of the case that make it possible to qualitatively draw up a protocol on an administrative offense.

Conducting an administrative investigation is an optional procedure, which, however, is included in general order, which determines the correctness of bringing to responsibility.

Examination administrative type- a set of nature, the implementation of which requires the expenditure of time by authorized officials.

The essence of deep checking is as follows:

1. Establishing the circumstances unlawful act administrative nature.
2. Fixing established circumstances.
3. Legal qualifications administrative actions.
4. Decor procedural documents.

An administrative investigation, according to the Code of Administrative Offenses of the Russian Federation, is carried out in the areas enshrined in Part 1 of Article 28.7:

• antimonopoly legislation;
• patent legislation;
• natural monopolies;
• advertising legislation;
• legislation in the field joint stock companies;
• market valuable papers and investment funds;
• insurance legislation;
• the sphere of elections and referendums;
• the area of ​​combating money laundering and legalization of proceeds obtained through illegal means;
• the sphere of financing of terrorist organizations and their actions;
• legislation on counteraction to Russian Federation terrorism for unlawful acts of an administrative nature established by Article 15.27.1 of the Code;
• legislation defining methods of combating corruption;
• legislation labor sphere;
• the area of ​​market manipulation and misuse of insider information;
• legislation on drugs and substances of narcotic or psychotropic type or precursors of these substances;
• legislation on preventing the use of doping, on combating doping in sports and physical culture generally;
• the scope of violations of the requirements for the content of provisions and regulations establishing the procedure for holding sports competitions;
• utility tariffs, antimonopoly legislation;
• sphere of advertising activities;
• sphere gambling and entertainment;
• legislation in the field of environmental protection.

The legislation regulates many other areas in which it is necessary to conduct in-depth administrative checks.

Checks for violations of the law are carried out in several stages:

1. Making a decision to conduct an in-depth review of reports of violations in the field of legislation.
2. Establishment of all necessary and existing circumstances of the case under consideration.
3. Suspension of an in-depth inspection (if this includes objective necessity).
4. Registration in a procedural form of the results of an in-depth inspection of violations of the law.
5. Direction drawn up by the official authorized person a protocol on an administrative offense for consideration by a higher competent official or body.
6. Additional in-depth verification of the committed unlawful act of an administrative nature (if higher authority returned the case for further investigation).
7. Repeated forwarding of a protocol on an administrative offense drawn up by an authorized official for consideration to a higher competent official or body.
8. Issuance of a resolution to bring the guilty person to justice.

Reason for deep inspection

The reason for an administrative investigation is those received by law enforcement or other authorized bodies messages or appeals that contain sufficient data about the existence of an event of an unlawful act of an administrative nature. These may be informational messages that do not include citizen complaints or information about harm caused by non-compliance with relevant legislation.

If the message received is informative and is not considered grounds for conducting an in-depth inspection of an unscheduled nature, it is in any case a reason for an investigation.

The types of reasons for an in-depth inspection and the list of persons conducting the inspection are extensive due to a large number regulated areas.

Types of occasions

Determination to conduct an administrative investigation

If in the process of considering a case it is necessary to initiate an administrative investigation, the official authorized to draw up protocols, the person draws up a determination to conduct an investigation.

If the decision is made by the prosecutor, he draws up a resolution to conduct an administrative-type investigation, referring to Article 28.3 of the Code. In addition, more than ninety categories of officials have the right to make a determination.

The document is drawn up immediately after receiving information about the commission of an unlawful act of an administrative nature.

Elements of Definition

The drawn up determination or resolution must contain the necessary data confirming the legality and validity of the investigation of the administrative case. Definition elements:

1. Reason for conducting an administrative investigation and initiating a case against detailed description received data according to which an administrative offense was committed.
2. A record that the individual, legal entity, and other persons have been advised of their rights in relation to the ongoing investigation.
3. Signature of the person who issued the ruling or decision.

Investigation procedure

According to established order Code of Administrative Offences, the investigation must be carried out in the place where an administrative offense was detected or committed. The objectives of proceedings in such cases determine the need to bring the guilty person to justice in compliance with the principles of completeness, objectivity and fairness.

The investigation of an administrative offense must be carried out carefully, with an examination of all the circumstances and the place where it was committed. After producing all necessary actions Victims and offenders have the right to familiarize themselves with the materials collected during the process of in-depth verification, give explanations and explanations on the case, and submit materials for study on their part.

Procedural actions during the investigation

When conducting an in-depth investigation of administrative offenses, it is necessary to carry out certain procedural steps to examine the case from all sides. Procedural actions include:

• Receipt by an authorized official of explanations from a person who is being held administratively liable (Article 26.3 of the Code).
• Obtaining statements from victims and present witnesses regarding the case under consideration.
• Conducting an examination by an authorized person (Article 26.4 of the Code).
• Taking samples and samples (Article 26.5 of the Code).
• Recording material and other evidence using photography, video recording, etc. (Article 26.6 of the Code).
• Study of documents of a person accused of an administrative unlawful act (Article 26.7 of the Code).
• Taking the necessary readings by special means technical type(Article 26.8 of the Code).
• Sending requests to the relevant authorities of territorial significance (Article 26.9 of the Code).
• Giving instructions to other persons to perform necessary actions (Article 26.9 of the Code).
• Reclamation necessary information, including data on the calculation of the fine for an administrative offense (Article 26.10 of the Code).

In addition to the actions specified in the Administrative Code, other procedural actions may be taken.

Time limit for conducting an administrative investigation

As with any legally significant action, there are legal deadlines for investigating cases of illegal acts. Such a period for an administrative investigation is one month from the date of the decision to initiate the case. But it may vary.

In some cases, the period for investigating a case of administrative offenses may be extended. To do this, the official conducting the investigation must write a written request.

One of four managers has the right to give permission to extend the period:

1. The head of the body (or deputy head) to whom the official is subordinate, considering the case of an offense in administrative sphere. Maximum term extension is one month.
2. Head of a higher customs body (or deputy head) or head executive body authorities, empowered resolve issues of illegal acts in the field of customs. The maximum extension period is six months.
3. Head of a higher authority investigating cases of violation of legislation in the field of the Rules traffic and operation of vehicles, if these violations led to harm to the victim slight harm health or harm moderate severity. The maximum extension period is six months.
4. The head of a higher authority (or deputy head) empowered to resolve issues of administrative offenses in the field of organizing or conducting games (gambling). The maximum extension period is six months.

Determination on extension of time

The determination to extend the investigation period is approved superior manager official document, allowing to increase the period for consideration of a case of an unlawful act of an administrative type.

The drawn up determination must contain the necessary data confirming the legality and validity of increasing the period of investigation of a case of an administrative offense. Components of the definition:

• Place and date of document preparation.
• Last name with initials and position of the person drawing up the document.
• Grounds for increasing the period of investigation into an unlawful act of an administrative nature.
• End date for investigation extension.
• Link to the article of law on the basis of which the investigation is being conducted.
• The signature of the person who made the determination and the signature of the manager who approved the determination.

A copy of the document drawn up on increasing the period of in-depth verification within a twenty-four-hour period is issued against signature or sent to an individual or legal entity who is suspected of committing an administrative offense, and to the victim.

Results of the case consideration

As a result of an in-depth investigation, administrative violations are identified real facts. After an administrative investigation under Art. Code of Administrative Offenses, an authorized official draws up one of two documents:

1. Protocol on bringing to responsibility for committing an unlawful act provided for in an article of the Code (Article 28.2).
2. Resolution to terminate consideration of a case of an administrative offense (Article 24.5).

Judicial and other types of applied practice confirm that a person who does not try to protect his interests and justify himself for committing an unlawful act of an administrative nature is most often brought to justice, even if there are grounds against him to dismiss the case.

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 - special order preliminary study data indicating the event of an administrative offense, but in its totality is still insufficient to draw up a protocol on 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, requiring significant time investment.

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 violations established deadlines 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 the offense, and the provisions of Part 3 of the commented article, establishing that in the determination of the 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 a case and data indicating the existence of an administrative offense event.

4. When making a determination to initiate a case and conduct 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 definition.

According to Part 3.1 of the commented article, a copy of the ruling must be delivered against signature within 24 hours or sent to an individual or legal representative legal entity, in respect of whom it was issued, as well as 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 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. At the same time, taking into account the indication of the need to immediately make a decision on an administrative investigation total term 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 request by the official in charge of the case, and making a decision on the extension (for certain period) by the relevant person: 1) the head of the body in charge of which the case is pending, or his deputy (for a period of no more than 1 month); 2) superior manager customs authority or his deputy or manager federal body executive power authorized in the field of customs affairs (Federal customs service), in whose proceedings this case is located, 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 operating rules vehicle, which entailed causing lung or moderate harm to the victim’s health (for up to 6 months).

7. Procedural form the decision taken to extend the period for conducting an administrative investigation is also a determination. It, in particular, indicates the grounds for extension specified period and the period until which the administrative investigation has been 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 Supreme Court RF dated March 24, 2005 No. 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offences” (RG. 2005. April 19) the content of the administrative investigation is explained in detail and it is emphasized that it should 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.

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 right word"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 time we 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.

In cases requiring the most thorough or complete study of the circumstances in the case of an administrative offense, the official may conduct an administrative investigation within the time limits established administrative legislation.

In this article:

The concept and essence of administrative investigation

An administrative investigation takes place in every detected offense, but its duration, timing and procedure depend on the circumstances of the detection of the administrative violation.

In most cases, an administrative investigation is not required, since the discovered circumstances allow us to most fully and objectively testify to all the signs of an offense.

For example, if a violation is detected speed limit, recorded by a speed camera photo, confirms indisputable evidence of guilt of this citizen.

In other cases, when a more thorough approach is required in considering an administrative case, additional measures may be required to collect the evidence base.

Time limits for administrative investigation

The law clearly limits the time for conducting an administrative investigation. During month period, officials must carry out all necessary activities for this purpose. Depending on the complexity of the cases administrative offenses, extension of the specified period is allowed.

To do this, it is necessary for an official to submit a petition for an extension. Cases for extension may be the following:

• Approval to increase the period for investigations by the manager, but not more than one month
• The period can also be extended by a higher authority or official, for example, the relevant authority of the customs authority - up to six months
• If, upon detection of an offense in transport, a fact is discovered bodily harm harm to health, then the head of the traffic police can extend the investigation period to six months
• When identifying an offense in the field of organizing illegal gambling business, the period is extended to six months

For each fact of increasing the period for investigation, the official must make a determination, indicating the reasons and deadlines for the extension.

Procedure for conducting an administrative investigation

By general rule an investigation will be carried out where the offense was identified or committed. This rule is dictated by the objectives of administrative proceedings, according to which in each case the objectivity, completeness and fairness of bringing the perpetrator to administrative punishment must be traced.

There is logic in this, since the official investigating the case must examine all the circumstances of the offense at the place where it was committed.

Persons who have committed offenses, as well as victims may familiarize themselves with the investigation materials, be notified of the extension of the deadline, as well as give the necessary explanations and present materials and documents.

Result of the administrative investigation

The result of the administrative investigation will be the preparation of procedural documents, according to which guilty person subject to administrative punishment or released from liability.

When confirming the facts and circumstances of the offense committed, a protocol is drawn up, which is sent to the administrative case for the purpose of issuing administrative punishment.

If, during the investigation, the involvement of a person in committed offense or insufficient evidence base, then the official must make a decision in the form of a resolution. The resolution will indicate the termination of this case.

14.05.2017 | 12:00 Updated: 06/26/2018 2904

I’ll tell you everything about the administrative investigation of an accident: when it is carried out, why it is necessary and what deadlines are set

Greetings everyone, this is Ilya Kulik. As you understand, not always when road accident it is clear who is to blame for what. But it is necessary to find out this, because the culprit must be punished, and it is impossible for an innocent person to be punished.

Therefore, to clarify the circumstances of the incident, an administrative accident investigation, during which the fact of an offense will be determined. In what cases it is carried out, how the investigation proceeds and what significance its results have for those involved in the accident, I will tell you in today’s article. Go!

When detecting illegal behavior, the inspector has the right to:

• make a decision on an administrative offense. This is only possible when the prescribed penalty is a fine or a warning. Other measures can only be applied by the court. Also, this document is not issued if the person subject to liability does not agree with the accusation or the measure applied to him, or he is a minor or a conscript;
• draw up an accident report. That is, to record the fact of an accident. The punishment is determined later;
• make a decision to initiate an administrative case and conduct an investigation;
• make a ruling to refuse to initiate a case. It happens when no offense is found.

In what cases does an administrative accident investigation take place?

The main reason for initiating a case under the Code of Administrative Offenses, therefore, for ordering an investigation, is the identification of an unlawful act, to identify all the circumstances of which it is necessary long time or carrying out examinations.

Most often, an investigation is ordered when, due to traffic violations in a road accident the damage was minor or moderate, with one of the participants leaving the scene of the collision, as well as in controversial cases when drivers disagree on the reasons for the incident.

When serious bodily harm is suspected or there are deaths, a criminal case is initiated and an investigation begins.

Note. The decision to investigate is also made in relation to senior government officials, as well as foreigners enjoying immunity.

What is ultimately determined?

Conducting an investigation is the responsibility of traffic police officers. During its course, all the circumstances on which the guilt of the participants in the accident depends and which are necessary to determine the punishment if guilt is proven.

An administrative investigation is only a clarification of the circumstances of what happened, in fact, the same thing that a traffic inspector usually does at the scene of an accident, only longer in time, and not a consideration of the case itself. It is needed only to find out whether there was an offense or not, and if there was, what it consisted of.

The definition of punishment, which is fixed by the resolution on the administrative offense, is separate process. And there is a possibility that the accident report will be challenged, and the person whose actions were investigated will be found innocent.

How to register

An appropriate determination is made as soon as it becomes known that an offense has been committed that requires a procedure such as an investigation. That is, immediately at the scene of the accident when preparing documents.

At the same time, the person against whom the case of an accident has been initiated (LVOK - in the slang of lawyers), as well as the other participants in the process, are explained their duties and rights, which is recorded in the text of the definition.

A copy of the ruling is given to the victim and the culprit, as evidenced by their signature. When this is not possible, copies are sent to their address. The issuance or sending of copies must be carried out no later than 24 hours after the determination is made.

Investigation determination form

A sample form for a determination to initiate a case of an administrative offense was approved by Order of the Ministry of Internal Affairs No. 185. It also regulates all procedures related to traffic safety. You can download the form at.

In the definition on front side is written:

• date and place writing paper;
• position, title and full name of the employee;
• cause initiation of a case;
• information proving the existence offenses;
• article providing for punishment.

On back side copies handed over to the culprit and LVOC, the contents are given articles of the Code of Administrative Offenses containing provisions on their rights and obligations.

How is the investigation going?

When it turns out that a lengthy investigation is needed to make a decision, the case is sent to the investigation department of the traffic police unit whose employees recorded the incident. A debriefing group is appointed, to which the participants in the incident must appear.

Eyewitnesses are preliminarily interviewed, materials collected at the scene of the incident, and papers compiled are studied. Since the documents recording the accident are one of the main objects for the investigation, it is very important to correct composition and completeness of information. According to statistics, in 75-90% of cases preliminary investigation and the study of materials moves away from three days up to one month.

Analysis group

During the analysis group, the details of what happened will be clarified on the basis of, as well as conversations with each of the participants of the inspector leading the case. Sometimes examinations are required to help restore the mechanism of the incident, for example.

Participants need to carefully prepare for the analysis, think through how they will defend their point of view on what happened. IN difficult situations Consultation and assistance from a lawyer is useful. Based on the results of the analysis, a decision is made about whether the persons involved in the accident have committed offenses, and which ones.

When bodily harm occurs

To determine the severity of damage caused to health, a traffic police officer has the right to request information from the medical institution where the patient was treated. health care to the victim. It is possible, if necessary, to carry out medical examination forensic expert.

But the conclusion about the degree of harm is preliminary and is necessary only to determine provisions of the Code of Administrative Offenses, for which LVOC is liable. The severity of injuries can only be determined by the ship based on data.

Note. If during the investigation it is discovered that serious harm has been caused, the administrative case is terminated, a criminal case is initiated, and the materials are transferred to the investigative authorities.

Deadlines

IN general case the investigation period should not exceed 1 month from the date of the ruling. It can only be extended in special situations, for example, if problems arise that prevent the investigation from being completed within the normal time frame. For an extension, a written petition to management must be submitted by the person in charge of the case.

Note. Attract by administrative article You can be held accountable no later than:

• 2 months– when the punishment is imposed by an authorized person;
• 3 months– when the case should be heard by the court;
• 1 year– when violations related to drunk driving and causing harm to health.

Extension of investigation time

The document on extension of the investigation time must include:

• time and place registration;
• position and surname with initials the person who compiled it;
• justification for extension duration of the investigation;
• date until which it is extended trial of the case;
• manager's signature who made the ruling or his deputy.

The completed paper is handed over or sent, for example, by mail to the LVOC and the victim within 24 hours.

When an accident occurred without injuries

When the incident resulted in no human injuries, the head of the unit in which the case is being investigated may extend the investigation for a period of no more than 1 month. Thus, the longest investigation can last two months. In most cases, this is more than enough for a full analysis of the incident.

How long does it take to investigate an accident involving casualties?

When the case of causing Light traffic accident And medium degree harm to health, the period of proceedings may be extended by a maximum of six months. First of all, such time is necessary to determine the severity of the injuries.

The result of the investigation

At the end of the work carried out, an administrative protocol should be issued if the fact of an offense is determined in the actions of the LVOC, or a resolution to terminate the case when there is no reason to punish this person.

When drawing up a protocol, if the determination of punishment is within the authority of the official examining the case, he himself makes a decision on the administrative offense within 3 days. And if the Code of Administrative Offenses provides for a measure other than a fine, the case is transferred to the court within the same period of time (or immediately, if the article under which the case is being conducted involves an arrest), which is secured by an appropriate determination.

Let me remind you that the decision on an administrative offense, in any case, can be appealed within 10 days to a higher police department or in court.

Let's sum it up

• administrative investigation necessary to determine whether an offense has been committed;
• the punishment for the perpetrator is not determined during this investigation;
• usual period – 1 month, extension possible;
• the result of the investigation becomes a protocol on an accident or termination of the case.

Conclusion

An administrative investigation is an investigation into the circumstances of an accident, carried out if it is impossible to determine them immediately. At the end, a protocol on the accident is issued or the case is terminated.

If there are any uncertainties about what you read, write in the comments, I will try to answer.

Video bonus: 5 cases when you didn't piss and saved a life! Second issue.

P.S.: I took the images here: drive2.ru/r/bmw/1302075. In the photo - BMW Z4.

More on the topic:

Comments to the article: 51

Lyudmila Valerievna

29.07.2017 | 08:23

Good afternoon On Friday Art. a police lieutenant brought me a summons for investigation, allegedly I became the culprit of the accident(she shuffled the car with her right side) I don’t admit my guilt, I didn’t hear any characteristic sounds, and since the injured lady was already standing on the emergency light, I believe that she didn’t understand who shuffled her.) I have 19 years of driving experience. without a single accident. They also accuse me of leaving the scene of the accident. I came to the traffic police and wrote an explanation of innocence. She asked to call the victim’s car. A lady arrived, her car was in tatters, there were a lot of scratches and cracks. My car also has minor scratches from the previous owner, but much smaller. ST. The lieutenant with a tape measure began to measure similar scratches. I took photographs. I see that they don't fit in height. But he claims that they do. He didn’t draw up a protocol, although I asked for it. He insisted that I plead guilty. During the analysis, it became clear that this lady was his friend. Since I refused to blame, I am called again on Monday. Immediately over the phone, he agreed with the judge to conduct the case. Everything is captured, as they say. Please tell me if I need to go to the traffic police again. Or insist on a trial and a subpoena? And what actions can be taken? It may take 3 months for the deadline to pass. After all, it is clear that if they couldn’t take money from me, they would deprive me of my rights, as the lieutenant said. And it is obvious that they have connections with the court. Sincerely, Ludmila!

Vadim

31.08.2017 | 17:53

Good afternoon, my wife and I were in an accident. She's pregnant. I had to call an ambulance to be sure of the baby’s health. But she did not receive any serious injuries. Now they have opened an administrative case and want to revoke my rights. We want to keep my rights. Is it possible for my wife to write a waiver or something else to retain her rights?

Julia

13.10.2017 | 17:59

Hello, please explain this situation: an accident occurred at an intersection, TC1 was moving on a green traffic light, TC2 entered the intersection when the traffic light was red. As a result of the collision, a passenger in TS2 was injured and was taken away by ambulance. An administrative investigation was carried out, which lasted 4 months, to establish harm to the passenger’s health. As a result, the examination showed that there was no harm to health, and the inspector stopped the investigation under Article 12.24. But he didn’t punish the driver of TS2 for entering the intersection on a red light, although there is all the evidence for this in the case!! The inspector explained that the deadline for attracting a driver for running a red light had expired! Why couldn’t the driver be charged for this violation earlier? How can I now contact insurance company, if no one’s guilt is established and no one is brought to justice? Were the actions of the inspector who conducted this investigation lawful and did not hold the TC2 driver accountable?

Best regards, Yulia

Tatiana

21.10.2017 | 11:49

Good afternoon!!! There was an accident with our participation. On the spot Accident inspector I told the other side - negotiate here, it’s your fault. They offered to pay us 15 thousand, we refused. Then the inspector ordered an administrative investigation! It will last 1-2 months!!! You can’t repair a car and drive it! Why did he order this investigation when accident scene said that it was not our fault, they drove into us from the oncoming lane!??? It is clear to all participants in the accident that it is not our fault and the offender offered us money! It is not clear why the traffic police is delaying the process??

Olga

05.11.2017 | 21:32

Good evening!!! There was an accident involving me. I am the culprit of the incident because I did not let the vehicle pass. An administrative case was opened. TS. , which crashed into me and was moving at high speed. Although at the scene of the incident they told the inspector that they were moving 60 km/h. Higher speed is indicated by dents on cars. I suffered a traumatic brain injury and a fractured pelvis. And the driver of the other vehicle broke her arm. I don’t have insurance, because I just bought a vehicle three days ago and went about buying and selling. Tell me, please, what threatens me?

Dima

27.11.2017 | 21:25

Good afternoon I got into an accident and was driving in my lane in the morning, a car pulls out into the oncoming lane for me, I braked with winter tires, but it was very slippery, the car that was walking in the oncoming lane began to spin, managed to move into its lane, but was hit in the face by my side. She was not convinced that there was no vehicle in the oncoming lane and I started to go around the obstacle, it turns out that I created an obstacle, but there was fog... who is to blame in this case?

Anton

01.12.2017 | 17:15

Good afternoon

There was an accident at the intersection.

TS1 was driving at a green traffic light

TS2 on red

But after a while the driver of TS2 began to say that he drove through the yellow flashing light.

There is 1 witness, who was also almost caught, wrote a statement in writing and was included in the protocol.

The inspector did not identify the culprit, he said there will be an investigation and they will call you.

The next day, they began to look for cameras in stores on their own, and when they found them, they found out that they had already paid to erase the video from the cameras. Accordingly, they warmed the pockets of the traffic police officers.

How to act in this situation and prove that you are right, and without a video at all, how will this case be considered?

MOROZOV ZINAIDA

12.12.2017 | 17:28

GOOD EVENING. ON NOVEMBER 16, MY FATHER WAS KILLED ON THE ROADWAY. THREE HOURS LATER HE DIED IN THE HOSPITAL. THE THING IS, NO ONE HAS CALLED ME STILL. ADVICE WHAT SHOULD I DO? WHERE TO GO.

Irina

11.01.2018 | 13:57

Good afternoon! Please tell me, my husband carelessly drove through the gate of a car wash, he skidded and drove into a nearby car. We agreed with the owner of the car that the husband would pay for the repairs. The traffic police gave the husband a paper that said " The specified circumstances exclude proceedings in the case of an administrative offense. Based on paragraph 2 of part 1 of article 24.5, part 5 of article 28.1 of the Code of the Russian Federation on Administrative Offences. What does this mean and will the case be brought to court, the husband should shave, that some papers will get to work and he could be fired. Please help me figure it out

Sergey

16.01.2018 | 17:57

Good afternoon. Minor accident (fender repair 5-8t.r.). I was driving through the parking lot (12/20/17) and a car began to pull out of the lane in front of me on the right. I didn’t have time to brake and was hit in the right front fender. The car turned around and drove off. He began to honk at her. He began to catch up and at the second signal he stopped. The driver came out and examined my car and was very surprised because he didn’t feel the impact. My car has a dent, but his doesn't have any signs of impact. He gave me his phone number without any problems. I seriously doubted it was him. Since there was a service station nearby, we consulted about the cost of repairs. I was in a hurry and did not return to the scene of the collision, and we each parted with our own opinion. Then an hour later he changed his mind, returned and called the traffic police. The investigator called and assigned us a day and time for the investigation. The defendant did not show up, says in the neighboring area and that this is a setup to obtain insurance since there is no damage. There are no witnesses. There are no video cameras. Questions: 1. Can the interrogator determine the location of the defendant over the phone (I will bring him myself)? 2. What are my chances of him being found guilty?

Valera K

19.01.2018 | 08:04

Hello! On December 6, 2017, an accident occurred at an intersection. TS1 (me) was driving at a green traffic light in the right lane (travel straight ahead only), the traffic cops set the speed at 30-35 km/h. , on the right without a siren, TS2 (ambulance) flew out at a red signal, respectively. Perhaps the beacons were turned on (but they are not visible during the day) WITHOUT a special siren. I put on the brakes when I saw a vehicle approaching. I don’t have a muzzle, I have a scratch near the wheel. TS2 stopped 200 meters away. At the time of the accident, he turned on a special signal and a flashing light. I was given a definition of excitement administrative responsibility. A month and a half has already passed, everyone is silent. I call the battalion, the inspector is never on site. I arrive and leave 3 hours later. how to be???? I'm afraid that they are deliberately stalling for time so that the deadlines will pass.

Oleg

29.01.2018 | 01:32

The court overturned the traffic police officer’s decision and made a decision to carry out additional check. Within what time frame should the traffic police conduct a re-investigation? The victim suffered moderate injuries.

Nikita

28.02.2018 | 15:14

Good afternoon, on 02/06/18 there was an accident (they crashed into me according to article 9.10 10.1 failure to maintain distance, it is obvious that the culprit is the one who crashed as he violated these traffic rules. He didn’t admit his guilt, saying my brake lights weren’t on and so on, we went to the traffic police and it turned out that he was a smear, knew almost everyone there, tried to negotiate with an offer of 15 thousand rubles, I refused, repairs cost more, the inspectors sent an explanation and so on to the accident investigation department, where they told me that it would last a month. It’s been almost a month now, I’m calling and asking how things are going, they tell me the second participant in the accident hasn’t come for questioning yet, I said yes, he won’t come, and what will happen if he doesn’t come within a month? to which they answered that we would extend it for another month, then I asked what the decision would be after the second month? To which I was told that it’s not a fact that it’s in your favor. Tell me how to act in such a situation, if in worst case wait for the protocol on the cancellation of the investigation of an administrative offense and take it to court?

There are only photographs from the accident scene; there are no recorders or witnesses. and what will their decision be? I don’t understand what that means, it’s not a fact that the decision will be in your favor, I should make a car at my own expense, with what joy

Egor

28.02.2018 | 17:25

Hello.

Another car drove into my car (it was parked in a yard without a driver) and parked nearby. With the help of a witness, I found him. The culprit refuses, despite the testimony of the witness and the typical damage to the cars. The culprit went home. I called the traffic police, they took my statements and witnesses. They gave me a ruling to initiate an administrative offense case and conduct an administrative investigation dated 12/19/17. Today, February 27, 2018, I visited the investigator. There is no progress in the materials, the explanation has not been taken from the culprit. The investigator says that the period for conducting the case is 3 months, come back on 03/20/18. Because The culprit turned out to be a traffic police officer, so apparently the investigator is stalling for time so as not to deprive him of his driving license. What should I do, how can I influence the course of the matter?

Nikolai

28.03.2018 | 09:30

good afternoon! On April 29, 2017, an accident occurred with injuries on my part! It was recognized serious harm health! the culprit has not yet been identified! while moving along the highway, we needed to turn left into a private sector. Having turned on the turn signal in advance, I began to stop to perform the maneuver. Having passed the oncoming car, I began the maneuver. At the end of the maneuver, a BMW car flew into my rear left corner at enormous speed, which overtook cars in oncoming traffic! After 8 months, the administrative case was redirected to the Internal Affairs Directorate to initiate a criminal case! From December 2017 to the present, there is no information about the case materials! What are the deadlines for transferring this case?

Alexander

21.04.2018 | 20:10

Hello. There was an accident, no one was injured except for the car, both participants refused to admit guilt. The case was sent for investigation. A month passed without hearing or hearing, no one notified me anywhere, no one called me, I went there myself, I found out that the case was in process and they say the period for consideration was up to 2 months. When renewing, no one notified me of the reasons. This is a violation of employees upon review.

Elena

26.04.2018 | 07:04

Hello. There was an accident involving my husband. He lost control due to the fact that there were potholes, potholes and ice on the road, as a result of which he spun and crashed into a pole. There were no injuries, he escaped with bruises. He himself insisted on an administrative investigation, because he plans to sue road services. Please tell me, as a result of the investigation, will the employees conduct an examination of the roadway or should we order it ourselves, regardless of the employees? And if this is still carried out by employees, can we somehow get to this examination?

1. Igor Pischy

   14.01.2019 | 10:20

   Hello, Elena.

   The first thing that must be established is the guilt (or degree of guilt) in the accident of your husband, about which the traffic police must draw up appropriate documents. If the driver’s guilt is not revealed (or it is partial), then it makes sense to sue the road services regarding the quality road surface(DP). If you are found to be at fault for an accident, then in order to litigate with the road department, you must first successfully appeal the established guilt. As for the examination of the road surface, there may be several options: if there is a clear suspicion that cause of the accident the quality of traffic police has become (or contributed to), fixation of problem areas of traffic police should be carried out by traffic police officers (but they may not do this if participant in an accident does not insist) on which the corresponding act is drawn up. Traffic police officers can invite an accident participant to any actions to determine the quality of traffic accidents, but are not required to do so (i.e., presence at mutual consent). In addition, the participant (participants) in the accident themselves can record the problem areas of the accident (can be done in parallel with traffic police officers, including after some time, if the problems of the accident persist, and the documents clearly indicate the location of the accident) and the whole picture Accident with photo-video gadgets. The required package of documents for the court must include procedural documentation on the accident, drawn up by traffic police officers. For determining claims An expert opinion on vehicle damage and/or harm to health will be required. And to substantiate the claim, a special examination of the DP may be required. If traffic police officers have drawn up the corresponding act and circumstances of the accident are clear, then additional special examination may not be required. If the circumstances are not clear, then an examination can be carried out at the request of the court. Regardless of this, the participants in the accident, as well as the defendant (the relevant department of road services) can conduct examinations of the traffic accident according to own initiative. If any are carried out within the framework litigation or pre-trial claims, then to expert opinion had full legal force, the party that orders the examination must invite the other party to this examination (by telegram). If there was an invitation, then the fact that one of the parties was absent from the examination is not taken into account by the court. Professional expertise DL complex procedure, which can only be carried out by trained specialists and organizations with necessary package approvals (license, accreditation). The examination should be carried out using current technologies and methods.

   If the cause of the accident was a hole or rut, then claim may be based on non-compliance of the road surface with clause 3.1.2 of GOST R 50597-93, which states that maximum dimensions individual subsidence and potholes DP should not exceed 15 cm in length, 60 cm in width and 5 cm in depth. Defendant in similar cases usually the local department is the “Department for Construction, Repair of Roads and Artificial Structures”, etc., the responsibility of which must be enshrined in the relevant regulations (usually local Landscaping Rules) - required excerpts from of this document also required for trial. You should also keep in mind that such proceedings and legal proceedings may take up to 1 year. And also, regarding ice, this refers to weather conditions that should not be confused with the quality of the DP. Based on weather conditions, the court can also make certain conclusions that affect the result.

   All the best to you, Elena.

Irina Viktorovna

29.05.2018 | 12:54

Hello! A month ago at night our car was damaged near our house and they left leaving a note with a phone number. In the morning we called and it turned out that the owner of the guilty car was drunk entrusted control to a person not included in the insurance. The traffic police refused to go with us. Our application was accepted without any receipt. And today, a month later, they called and said that the employee was on a business trip and the photo with the license plate of the guilty car was lost. The investigation period was set at 3 months. In my opinion this is not correct

Alexander

17.07.2018 | 12:21

Good afternoon.

There was an accident in March 2018. 3 cars with the victim. A forensic expert was appointed. The case went to trial in June. And what is the result?

1 driver admitted his guilt and the court no longer summons him to the hearing.

2 The driver has not shown up for the meeting twice already. How many times can the trial be postponed because of this? What if the second driver left the country altogether? I think the reason for the 2nd driver’s non-appearance is that at the time of the accident he was drunk and he faces imprisonment with a fine. So he doesn’t go to the meeting.

I am the 3rd member. 5 months have passed. The car is broken. I can’t contact the insurance company

Alexander

13.08.2018 | 17:28

Hello!

I got into an accident a month ago, the culprit of the accident disappeared, but in my hands and in the Investigation Department of the Traffic Police, the inspector who is handling the case of an administrative offense has a photo of the documents for the car, namely the vehicle registration certificate, the OSAGO policy, the purchase and sale agreement for the owner of the car , The owner is not the culprit, the culprit of the accident is not identified person, formally, but I have a photo of the culprit and an explanation of the culprit of the accident which was added to the case, in the traffic police database the culprit is he with a bad reputation, deprived of his driving license for 2 years, was charged for driving a car in drunk, the inspector is not looking for him willingly, he waits until he comes and admits everything, people like that don’t come. The question is, is it possible for me to get a payment from his insurance company? In such a situation it may happen that the deadline will pass two months ago and I will be left without the culprit of the accident and will not be able to go to court?

Vitaly

24.10.2018 | 22:48

Good afternoon. I was driving straight, from the side of the road, right in front of me, the second participant in the accident decided to turn around, he only managed to completely block my path and I hit him in the side (central pillar) at full speed. The man began to make a maneuver without making sure of his safety and did not let me through. I didn’t have time to react because the maneuver was right in front of me. He hit his head, eyewitnesses called an ambulance for him, and he refused hospitalization. The State Traffic Safety Inspectorate compiled an administrative one. I have a question - I live outside the city, public transport does not walk, there is nothing to drive (the car has no face at all), the investigator (inspector) said that the case will be considered no earlier than 1.5 months. How much time is given by law to begin an investigation? I urgently need the insurance company to start repairing the car. How can one legally influence an inspector to begin an investigation within the time frame required by law?

Sergey

06.02.2019 | 22:49

Good afternoon. I was making a maneuver with a truck (truck) and had an accident with a car standing behind me in a blind spot, I didn’t feel the impact, after 5 days the investigator called and said that there was a recording from video cameras and that he was putting the car on the wanted list, and I had to come to him to give evidence, I I had to travel 1000 km to get there, he sent the material to my region and I was interrogated by a local investigator and ordered me to sign a summons according to which I still had to go to the region where this happened, but explained that it was not at all necessary to do this,... I didn’t I went, but last night the driver of this car called me and said that he was detained by the traffic police, and that the car was wanted, after that the investigator called me and said that until I arrive the car will remain wanted, but this time he will still go to the meeting and send a letter by fax to let her go... (I am the owner of a car and on the day of the accident I just went for the driver who was sick) I asked why my testimony that I gave in my region was not enough for him, to which he said that I was deceiving and in his video recording you can see me going out and inspecting the damage (in my testimony I explained that I didn’t know about any accident), I told him that it couldn’t have been me and even if I could have just looked at anything and that there’s little on the line was sleeping, he might just not have noticed... he said that he was not interested in this and that he could renew the car for search by law within a year... that’s actually the question, how long will the car be wanted at most, judging by the words of the victim has a small dent on the wing... I’m not hiding from anyone, but I don’t have any desire to go to him 1000 km away, that’s what I told him, take the case to court and let them decide there... but he still insists that without me there’s nothing will not tell...whether his actions are legal...

Galina

10.02.2019 | 08:36

Good afternoon! I died on June 20, 2019 Road accident son and along with him, 3 more people died, the fifth received serious harm to his health. The cause of the accident was a collision of two cars. The driver of a HONDA car (a 44-year-old woman from Dagestan, 9 months of driving experience) drove to oncoming lane having collided with a TAYOTA car driving to a meeting. Her car caught fire from a powerful impact, two passengers traveling with her flew out of the car and died immediately. The driver survived with a dislocated hip, the impact turned the car in the opposite direction. The oncoming car overturned several times into a ditch, 2 passengers died on the spot, the driver is alive and suffered serious injury. He was found not guilty during the investigation. According to the HONDA driver, the reason for driving into the oncoming lane was a burst tire. The investigation settled on this version, because... There is no other evidence because the mashia burned out completely. The HONDA driver was found not guilty. there was no evidence of a crime and the case was closed. We, the victims, do not agree with this decision; we have a different version, that the driver fell asleep at the wheel. because she went to China without rest and was tired, the investigator says that there is no evidence, but the testimony of friends and relatives that the HONDA driver fell asleep at the wheel, the deceased woke her up and were afraid to ride with her - this is not evidence. And the wheel started shooting from her words - this is proof! Did the investigation act legally and did not impose any punishment on the driver of the HONDA vehicle? Borzya, Trans-Baikal Territory.

1. Igor Pischy

   22.02.2019 | 10:38

   Hello, Galina.

   IN in this case, if the court finds the Honda driver guilty, then she faces imprisonment with long term. Therefore, there is a high probability of a corruption component (almost obvious) since honest investigators will not dismiss such cases with 4 dead as an accident based only on unfounded allegations interested person(the culprit). In such cases, the court investigation should have a lot of questions for the Honda driver as the operator who controlled the mechanism increased danger. For example, the driver is responsible for technical serviceability your car. In the case of a burst tire, the driver’s guilt can be removed only if it is determined that the rubber is defective or the road surface is grossly defective (for example, a pin sticking out of the asphalt). At the same time, it is very problematic to prove defective rubber (for example, the manufacturer will indicate that the wheel was overinflated), and the driver is also responsible for the consequences of many types of defective road surfaces (for example, a pothole in the asphalt that caused an accident), although road services can also be attracted. The court must find out whether the Honda driver before the trip, when checking the condition of the wheels, could have identified the possibility of a malfunction that led to the accident, and if he could, then he is guilty. Also, if there is a sudden emergency situation, taking into account the speed of the vehicle, did the driver of the Honda have technical feasibility prevent an accident and if he did, then he is guilty. Also, did the driver of the Honda exceed the permissible limit by this area highway speed, and if so, is it an excess in a straight line causation with an accident. Also, on the very fact of a burst tire, the Honda driver must give detailed testimony, but on the basis of which an expert can convict the culprit of lying, finding inconsistencies and contradictions in the testimony and the recorded situation of the accident. There are many more questions possible. Therefore, you must definitely file a complaint with the regional traffic police department about an unprofessional investigation with suspicion of corruption (and if that doesn’t help, then further up the chain of command). The case must necessarily be brought to court - in such dubious cases with many dead, only the court can establish the guilt or innocence of the suspect, but not the investigation.

   Leonid Alexandrovich

   19.02.2019 | 19:29

   Good afternoon. My wife and I were hit by a car while crossing the roadway. The road was forced to cross 2 meters from the pedestrian crossing along the center line of the curb at the intersection (as recommended in the traffic rules), because there was a snow bank on the sidewalks, which is noted on accident diagram. When drawing up the report, the inspector and the driver did not include my wife (as a victim) in the report; they added it only 2 weeks later, when we were able to come to the traffic police ourselves. The driver changed the location of the car 2 times before the traffic police arrived, but this was not noted in the protocol or on the diagram. We ourselves did not participate in drawing up the protocol at the scene of the accident, because They were taken away by ambulance and the inspector saw that there were two victims. Before crossing the road, cars let cars pass and waited for the car moving on the left to stop; visually, the car moving on the right also stopped, but then, having crossed crosswalk, continued moving, we tried to jump away, but half a meter was missing, and this can be seen in the recorder recording. Now the traffic police officers are accusing us and refusing to write that the accident took place at an intersection (in all documents they write: the accident occurred on Overyatskaya Street in the area of ​​house 23). My wife has bruises (LST injuries), I have (SST injuries) a concussion, bruises and splintered fractures of my arm. I suspect the traffic police officers of collusion with the driver, tell me what prospects there are when filing a complaint with the prosecutor’s office and the Internal Security Service of the regional police department?