Code of the Russian Federation on Administrative Offences. Proceedings in cases of administrative offenses

A person against whom proceedings are being conducted for an administrative offense

2) the person in respect of whom the proceedings are being conducted has the right:

a) get acquainted with all the materials of the case (i.e. read them, make extracts, make copies, etc.);

b) give explanations (in Russian, and if he does not speak Russian, in another language, taking into account the rules of Article 24.2, see commentary to it). However, it is impossible to oblige him to give explanations: if a person refrains from giving explanations, this does not mean that he admits his guilt; and in in this case the presumption of innocence remains in force (see commentary to Article 1.5);

c) provide evidence (including written, material, other, see commentary to Article 26.2);

d) submit petitions (in writing and at any stage of proceedings in a case of an administrative offense, see comment. to Art. 24.4);

e) challenge (for example, a judge who is considering a case of an administrative offense, see commentary to Articles 25.12, 25.13);

f) use the legal assistance of a defender (for example, a lawyer, see commentary to Article 25.5);

g) enjoy other procedural rights provided for by the Code of Administrative Offenses (for example, the right to file complaints, see commentary to Articles 30.1, 30.2).

2) they define cases when the presence of the person against whom the proceedings are being conducted is mandatory if for this offense the following can be assigned:

a) punishment such as administrative arrest(cm.

Proceedings in cases of administrative offenses- a set of administrative procedural norms and activities based on them authorized bodies and officials for the application of administrative penalties.

Tasks of proceedings in cases of administrative offenses:

Comprehensive, complete, objective and timely clarification of each case;

Resolving a case of an administrative offense in accordance with the law;

Ensuring the execution of a decision made in a case of an administrative offense;

Identification of the causes and conditions conducive to the commission of administrative offenses.

Proceedings in cases of administrative offenses cannot be started, and what has been started must be terminated if at least one of the following circumstances exists:

Absence of an administrative offense event;

Absence of elements of an administrative offense, including failure by an individual to achieve at the time of commission illegal actions(inaction) age provided for by the Code of Administrative Offenses for bringing to administrative responsibility, or insanity individual who committed illegal actions (inaction);

Action of a person in a state of extreme necessity;

Issuance of an amnesty act, if such an act eliminates the application of administrative punishment;

Repeal of the law establishing administrative liability;

Expiration of the statute of limitations for bringing administrative responsibility;

The presence, for the same fact of the commission of illegal actions (inaction) by a person in respect of whom proceedings in a case of an administrative offense are being conducted, of a resolution imposing an administrative penalty or a resolution to terminate proceedings in a case of an administrative offense, or a resolution to initiate a criminal case;

Death of an individual against whom proceedings are being conducted for an administrative offense.

Stages of proceedings in cases of administrative offenses– a relatively independent part of production, which has specific tasks, a composition of participants, and a procedural design of results.

Stages of proceedings in cases of administrative offenses.

Initiation of a case of an administrative offense and administrative investigation;

Consideration of a case of an administrative offense;

Review of resolutions and decisions in cases of administrative offenses;

Execution of decisions in cases of administrative offenses.

Subject of proceedings in cases of administrative offenses– a participant in proceedings in cases of administrative offenses, possessing the necessary administrative procedural legal personality, solving procedural problems.

Types of subjects of proceedings in cases of administrative offenses:

Authorized bodies and officials empowered to adopt legal acts, documents that resolve procedural tasks and determine the progress of the case of an administrative offense;

Subjects having a personal interest in a case of an administrative offense;

Subjects facilitating the administration of proceedings in cases of administrative offenses;

Other subjects of proceedings in cases of administrative offenses.

Authorized bodies and officials , endowed with the right to adopt legal acts, documents that resolve procedural tasks and determine the progress of the case of an administrative offense:

Subjects authorized, within the competence established by the Code of Administrative Offenses, to consider cases of administrative offenses:

a) judges (magistrates);

b) commission on affairs of minors and protection of their rights;

V) federal authorities executive power, their institutions, structural divisions and territorial bodies;

d) authorized bodies and institutions of bodies executive power subjects of the Russian Federation;

e) administrative commissions and other collegial bodies created in accordance with the laws of the constituent entities of the Russian Federation (Chapter 23 of the Administrative Code);

Officials authorized to draw up protocols on administrative offenses (Article 28.3 of the Administrative Code);

Officials and other entities authorized to apply measures to ensure proceedings in cases of administrative offenses;

Subjects authorized to review decisions and decisions in cases of administrative offenses:

A) district judges at the place of consideration of the case;

b) district courts by location collegial body, whose ruling (decision) is being appealed;

V) higher authority(executive);

d) higher court (Article 30.1 of the Code of Administrative Offenses);

The prosecutor has the right to: initiate proceedings on an administrative offense; participate in the consideration of a case of an administrative offense, present evidence, submit petitions, give opinions on issues arising during the consideration of the case; lodge a protest against a decision in a case of an administrative offense, regardless of participation in the case, as well as perform other prescribed federal law actions (Article 25.11 of the Administrative Code);

Entities that control and ensure the execution of decisions in cases of administrative offenses (Chapter 32 of the Code of Administrative Offences).

Subjects having a personal interest in an administrative offense case : a person against whom proceedings are being conducted for an administrative offense, a victim, a legal representative of an individual, a legal representative legal entity, defender, representative.

A person against whom proceedings are being conducted for an administrative offense has the right to:

Give explanations;

Use legal assistance from a defense attorney;

Be present during the consideration of the case;

Appeal decisions (decisions) in the case.

Victim - an individual or legal entity to whom an administrative offense has caused physical, property or moral injury.

The victim has the right:

Get acquainted with all the materials of the case;

Give explanations;

Provide evidence;

Submit petitions and challenges;

Use legal assistance from a representative;

Appeal decisions on the case, etc.

Legal representatives individual – subjects (parents, adoptive parents, guardians or trustees) who protect the rights and legitimate interests an individual in respect of whom proceedings are being conducted for an administrative offense, or a victim who is a minor or, due to his physical or mental condition, is deprived of the ability to independently exercise his rights.

Legal representatives of a legal entity - subjects (manager, other person in accordance with the law or constituent documents legal entity), protecting the rights and legitimate interests of the legal entity in respect of which proceedings are being conducted in the case of administrative proceedings, or a legal entity that is the victim.

Defender acts as a lawyer or other person providing legal assistance to a person against whom proceedings are being conducted for an administrative offense.

Representative a lawyer or other person providing legal assistance to the victim.

The defense lawyer and the representative are allowed to participate in the proceedings on the case of an administrative offense from the moment the protocol on the administrative offense is drawn up. In case of administrative detention of an individual in connection with an administrative offense, the defense attorney is allowed to participate in the proceedings regarding the administrative offense from the moment of administrative detention.

Witness - a person who may know the circumstances of the case of an administrative offense that are subject to establishment.

The witness has the right:

Do not testify against yourself, your spouse and close relatives;

Testify on native language or in a language he speaks;

Use the free assistance of a translator;

Make comments regarding the correctness of recording his testimony in the protocol.

The witness is obliged:

Give truthful testimony, report everything known to him about the case, answer the questions asked and certify with his signature in the appropriate protocol that his testimony is recorded correctly.

Witness - any person not interested in the outcome of a case of an administrative offense who performs a certification function when applying measures to ensure proceedings in the case.

Specialist - any adult person involved in the proceedings on an administrative offense, not interested in the outcome of the case, who has the knowledge necessary to assist in the discovery, securing and seizure of evidence, as well as in the application technical means.

The specialist has the right:

Get acquainted with the materials of the case of an administrative offense related to the subject of actions with his participation;

With the permission of the judge, official, person presiding over the meeting of the collegial body, in whose proceedings the case of an administrative offense is pending, ask questions related to the subject of the relevant actions, the person in respect of whom the proceedings on the case of an administrative offense are being conducted, the victim and witnesses.

The specialist must:

To appear when summoned by a judge, body, or official who is handling a case of an administrative offense;

Participate in actions that require special knowledge in order to detect, secure and seize evidence, give explanations about the actions performed;

Certify with your signature the fact of commission specified actions, their content and results.

Expert - any person not interested in the outcome of the case who has special knowledge in science, technology, art or craft sufficient to conduct an examination and give an expert opinion.

The expert has the right:

Familiarize yourself with the materials of the case of an administrative offense related to the subject of the examination, submit a petition to present it additional materials necessary to give an opinion;

With the permission of the judge, the official presiding over the meeting of the collegial body, which is in charge of the proceedings on the case of an administrative offense, ask questions related to the subject of the examination, the person in respect of whom the proceedings are being conducted, the victim and witnesses;

Indicate in your conclusion the circumstances that are significant for the case, which were established during the examination and about which questions were not put to him.

The expert is obliged:

To appear when summoned by a judge, body, or official who is handling a case of an administrative offense;

Give an objective conclusion on the questions posed to him, as well as the required explanations in connection with the content of the conclusion.

Translator - any adult person who is not interested in the outcome of the case and who has the languages ​​or sign language skills (understanding the signs of the mute or deaf) necessary for translation or sign language interpretation in the proceedings of an administrative offense.

The translator is obliged:

To appear when summoned by a judge, body, or official who is handling a case of an administrative offense;

Complete the translation assigned to him completely and accurately;

Certify the accuracy of the translation with your signature.

Proceedings in cases of administrative offenses are in many respects similar to the criminal process, but differ from it in greater efficiency and some simplification.

By general rule about the commission of an administrative offense immediately upon its detection a protocol is drawn up. When drawing up a protocol, the person accused of committing an administrative offense, as well as other participants in the proceedings, are explained their rights and obligations, which is recorded in the protocol. A person against whom a case of an administrative offense has been initiated must be given the opportunity to familiarize himself with the protocol on the administrative offense. This person has the right to provide explanations and comments on the contents of the protocol, which are attached to the protocol. The protocol is signed by the official who compiled it, as well as by the person against whom the case of an administrative offense has been initiated. If the latter refuses to sign the protocol, a corresponding entry is made in it. The person against whom a case of an administrative offense has been initiated, as well as the victim, at their request, is given a copy of the protocol on the administrative offense against receipt.

The case of an administrative offense is considered with mandatory participation the person against whom the proceedings are being conducted. In the absence of the specified person, the case can be considered only in cases where there is information about him proper notice about the place and time of consideration of the case and if he has not received a petition to postpone the consideration of the case or if such a petition has been left unsatisfied. When considering a case of an administrative offense entailing administrative arrest or administrative expulsion outside Russia, the presence of the person against whom the proceedings are being conducted is mandatory in all cases.

The person against whom the proceedings are being conducted has a complex procedural rights. It has the right to familiarize itself with all the materials of the case, give explanations, present evidence, file motions and challenges, use the legal assistance of a defense attorney, and also has other procedural rights. The victim (if there is one) has the same rights.

Consideration of the case on the merits takes place in next order: the protocol on the administrative offense is read out, and, if necessary, other materials of the case; explanations of the person in respect of whom the proceedings are being conducted, testimony of other persons participating in the proceedings, explanations of a specialist and an expert’s opinion (if necessary), other evidence is examined, and if the prosecutor participates in the consideration of the case, his conclusion is heard. If the case is considered by a collegial body, a protocol is drawn up.

Based on the results of the consideration of the case of an administrative offense, a decision is made - either on the imposition of an administrative penalty, or on the termination of proceedings in the case.

If a case of an administrative offense is considered by a collegial body, then the resolution is adopted by a simple majority of votes of the members of the collegial body present at the meeting.

Administrative punishment is imposed within the limits established by the norm Code of Administrative Offenses of the Russian Federation or another law providing for liability for a specific administrative offense. When imposing an administrative penalty, a number of factors are taken into account: the nature the offense committed, the identity of the culprit, his property status, circumstances mitigating or aggravating administrative liability.

If the administrative offense is of minor significance, the authorities and officials imposing administrative penalties may exempt the offender from liability and limit themselves to an oral reprimand.

Everyone accused of committing a crime is considered innocent until his guilt is proven in the manner prescribed by federal law and established by the person entered into the crime. legal force by a court verdict (Article 49 of the Constitution of the Russian Federation). Despite the fact that in this constitutional norm refers only to persons accused of committing a crime, its provisions in accordance with general principle the presumption of innocence applies to all cases of offenses. In particular, according to Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, a person against whom proceedings are being conducted for an administrative offense is considered innocent until his guilt is proven in the manner prescribed by this Code and established by a decision of the judge, body, or official who examined the case that has entered into legal force.

In this regard, a participant in the proceedings in a case of an administrative offense, in respect of which a protocol on the offense is drawn up, measures to ensure the proceedings are applied and the case is considered, in the Code of Administrative Offenses of the Russian Federation is called not a violator, as was the case in the previously effective Code of Administrative Offenses of the RSFSR, but a person against whom proceedings are being conducted for an administrative offense. Thus, the legislator emphasized the inviolability of the principle of the presumption of innocence in proceedings in cases of administrative offenses.

Let us recall that the person against whom proceedings are being conducted for an administrative offense can be not only an individual, but also a legal entity. Art. 25.1 Code of Administrative Offenses of the Russian Federation.

A person against whom proceedings are being conducted for an administrative offense has the right to familiarize himself with all the materials of the case, give explanations, present evidence, file petitions and challenges, use the legal assistance of a defense attorney, as well as other procedural rights. In particular, a person in respect of whom proceedings are being conducted in a case who does not speak the language in which the proceedings are being conducted, who is mute or deaf, is provided with an interpreter or a person who has the skills of sign language interpretation, i.e. understanding the signs of a mute or deaf person. This enables the person against whom the proceedings are being conducted to actively participate in the consideration of the case, protect his rights and legitimate interests, and use the services of persons whom he trusts, which, of course, contributes to a full, comprehensive and objective consideration of the case.

Protection of the rights and legitimate interests of an individual in respect of whom proceedings are being conducted, who is a minor either by his physical or mental state deprived of the opportunity to independently exercise his rights, is exercised by his legal representative. Legal representatives may be his parents, adoptive parents, guardians or trustees.

Among those specified in Art. 25.1 of the Code of Administrative Offenses of the Russian Federation “other procedural rights” of a person against whom proceedings are being carried out in a case of an administrative offense should also include the rights guaranteed to him when drawing up a protocol on an administrative offense and taking measures to ensure the proceedings in the case. So, according to Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, the protocol reflects the explanation of the individual or legal representative of the legal entity against whom the case was initiated; when drawing up the protocol, their rights and obligations are explained to these persons.

An individual (if a protocol on an administrative offense was drawn up) or a legal representative of a legal entity against whom a case on an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on an administrative offense. These persons have the right to provide explanations and comments on the contents of the protocol, which are entered either in the protocol form or attached to it.

The protocol is signed by an individual or a legal representative of a legal entity against whom the case has been initiated. These persons are given a copy of the protocol on the administrative offense against receipt. In case of administrative detention of a person, a special protocol is drawn up, which, among other things, indicates the reasons for the detention and which is signed by the detained person.

At the request of the detained person about his location in the shortest possible time relatives, the administration at the place of his work (study), as well as his defense lawyer are notified. On the administrative detention of a minor in mandatory his parents or persons replacing them are notified. The detained person is explained his rights and obligations. Article 27.5 of the Code of Administrative Offenses of the Russian Federation defines the maximum possible timing administrative detention. A person against whom proceedings are being conducted for an administrative offense are guaranteed the provision of similar rights when taking other measures to ensure the proceedings in the case.

As already noted, the person against whom proceedings are being conducted for an administrative offense is given the right to give explanations. Such a right should be understood as the right of this person give explanations on own initiative, and not as a duty to give such explanations. Indeed, although in Art. 25.1 of the Code of Administrative Offenses of the Russian Federation formally says nothing about the right of a person against whom proceedings are being conducted not to testify against himself, however, taking into account the relevant provisions of Art. 51 of the Constitution of the Russian Federation, the possibility of a given person’s refusal to give explanations is obvious. In this regard, the person against whom proceedings are being conducted for an administrative offense is not liable for refusal or evasion to give explanations.

The explanations of the person in respect of whom the proceedings are being conducted, given by him either on his own initiative or at the request of a judge, body, or official, are the source of evidence in the case. In principle, in his explanations, the person against whom the proceedings are being conducted has the right to raise any issues if he believes that they are relevant to the case. This person can provide information about aggravating circumstances, reasons and conditions conducive to the commission this offense, give characteristics of the victim, witnesses, relationships with them and between them, etc.

Among the above-mentioned rights of a person against whom proceedings are being conducted for an administrative offense, one of the most important is the right to file petitions and challenges. In particular, this person has the right to file a petition for the inclusion of documents and physical evidence, on calling witnesses, attracting and hearing a specialist, appointing an expert examination in the case, has the right to propose questions to be submitted for the expert’s permission. At the same time, this person can submit petitions already when drawing up a protocol at the stage of initiating a case about an administrative offense.

The petition must be submitted by the person in respect of whom the proceedings are being conducted in writing and is subject to immediate consideration by the judge, body, or official in whose proceedings the case is pending. If circumstances exist, provided for by the Code of Administrative Offenses RF and excluding the possibility of a person participating in the proceedings on an administrative offense as a defender, representative, specialist, expert or translator, the person in respect of whom the proceedings are being conducted has the right to submit to the judge, body, official in whose proceedings the case is pending, application for recusal of these persons.

An important guarantee of the protection of the rights and freedoms of a person against whom proceedings are being conducted for an administrative offense is the opportunity to use the legal assistance of a defense attorney. Not only a lawyer is allowed to participate as a defense attorney in proceedings regarding an administrative offense, as provided for in the previously effective Code of Administrative Offenses of the RSFSR, but also any other person. The ability of a person held accountable to invite any person of his choice as a defense attorney is one of the guarantees of ensuring constitutional law a citizen to protect his rights and freedoms by all means not prohibited by law (Article 45 of the Constitution of the Russian Federation).

The defense attorney is allowed to participate in proceedings regarding an administrative offense from the moment the case is initiated (including from the moment the individual is administratively detained). This is in accordance with the provisions of Art. 48 of the Constitution of the Russian Federation that everyone is guaranteed the right to receive qualified legal assistance and everyone detained (including, of course, for committing an administrative offense) has the right to use the assistance of a lawyer (defender) from the moment of detention.

In Art. 25.1 of the Code of Administrative Offenses of the Russian Federation does not say anything about the right of a person against whom proceedings are being conducted for an administrative offense to appeal the actions and decisions of the authorities and officials carrying out the proceedings. However common law to file a complaint under the provisions of Art. 45 and 46 of the Constitution of the Russian Federation, is provided to citizens, including persons against whom proceedings are ongoing for an administrative offense, by many laws and other regulations. A person in respect of whom proceedings are being conducted for an administrative offense is also provided special right appeal a decision in a case of an administrative offense.

The case of an administrative offense is considered with the participation of the person against whom the proceedings for the administrative offense are being conducted. Resolution of the case in the presence of this person interested in the outcome of the case provides the opportunity for a more complete and thorough study of all the circumstances of the case, the adversarial nature of the process, and its publicity. The presence of this person during the consideration of the case, of course, also has a certain educational effect and contributes to the prevention of offenses. Therefore, consideration of the case in the absence of the person brought to administrative responsibility is allowed only in two cases.

Firstly, in the event of an administrative offense provided for in Chapter 12 of the Code of Administrative Offenses of the Russian Federation (“Administrative offenses in the field of traffic") and fixed with the use of workers in automatic mode special technical means that have the functions of photography, filming, video recording, or means of photography, filming, and video recording. According to Part 3 of Art. 28.6 of the Code of Administrative Offenses of the Russian Federation, in this case a protocol on an administrative offense is not drawn up, and a resolution in a case of an administrative offense is made without the participation of the person against whom the case of an administrative offense has been initiated. Copies of the resolution in the case of an administrative offense and materials obtained using automatic special technical means that have the functions of photography, filming, video recording, or means of photography, filming, video recording, are sent to the person in respect of whom the proceedings in this case are being conducted .

Secondly, when this person is notified of the place and time of the consideration of the case and no petition has been received from him to postpone the consideration of the case, or when such a petition is left unsatisfied. If there is no reliable information about the delivery of a notice of the place and time of consideration of the case to the person in respect of whom proceedings are being conducted on an administrative offense, it must be postponed and assigned new term consideration of the case.

However, consideration of a case in the absence of a person held accountable for committing an administrative offense is not permitted under any circumstances if this offense may lead to administrative arrest or administrative expulsion from Russian Federation foreign citizen or stateless persons. The judge, body, official considering the case has the right in other cases to recognize mandatory presence when it is considered by the person in respect of whom the proceedings are being conducted. In these cases, the person must be subjected to forced drive to the court, body, official considering the case.

It should be noted that since, in accordance with Art. 27.5 of the Code of Administrative Offenses of the Russian Federation, when committing a number of offenses (in particular, those for which administrative arrest is possible as a punishment), administrative detention persons for up to 48 hours, in similar cases the possibility of ensuring the presence of the person in respect of whom the proceedings are being conducted during the consideration of the case is facilitated.

If, in the opinion of the judge, body, official who are considering the case in relation to minor, discussion of the circumstances of this case may have a negative impact on him, the minor may be removed while the circumstances of the case are being considered.

Proceedings in cases of administrative offenses are a set of administrative procedural norms and the activities of authorized bodies and officials based on them in the application of administrative penalties.

Tasks proceedings in cases of administrative offenses:

1. Comprehensive, complete, objective and timely clarification of each case;

2. Resolution of a case of an administrative offense in accordance with the law;

3. Ensuring the execution of a decision made in a case of an administrative offense;

4. Identification of the causes and conditions conducive to the commission of administrative offenses.

Proceedings in cases of administrative offenses cannot be started, and what has been started must be terminated if at least one of the following circumstances exists:

• absence of an administrative offense event;
• the absence of an administrative offense, including the fact that at the time of committing illegal actions (inaction), the individual did not reach the age specified by the Code of Administrative Offenses for bringing to administrative responsibility, or the insanity of the individual who committed the illegal actions (inaction);
• action of a person in a state of emergency;
• issuing an act of amnesty if such an act eliminates the application of administrative punishment;
• repeal of the law establishing administrative liability;
• expiration of the statute of limitations for bringing to administrative responsibility;
• the presence, for the same fact of commission of illegal actions (inaction) by a person in respect of whom proceedings in a case of an administrative offense are being conducted, a resolution to impose an administrative penalty or a resolution to terminate proceedings in a case of an administrative offense, or a resolution to initiate a criminal case;
• death of an individual against whom proceedings are being conducted for an administrative offense.

The stages of proceedings in cases of administrative offenses are a relatively independent part of the proceedings, which are characterized by specific tasks, composition of participants, procedural registration results.

Stages of proceedings in cases of administrative offenses:

• initiation of an administrative offense case and administrative investigation;
• consideration of a case of an administrative offense;
• review of resolutions and decisions in cases of administrative offenses;
• execution of decisions in cases of administrative offenses.

Kinds:

Depending on volume and complexity procedural actions distinguish between ordinary, simplified and special production in cases of administrative offenses. Conventional production is its most complete form and includes mandatory preparation protocol on an administrative offense and the implementation of all other procedural actions provided for by the Code of Administrative Offenses of the Russian Federation to resolve a specific case on the merits.

Simplified proceedings are a mechanism for bringing to administrative responsibility without drawing up a protocol, conducting an administrative investigation and other formal procedures (the so-called “on-the-spot fine” or warning), when, when committing a minor administrative offense, the person held accountable does not dispute the existence of the offense, admits his guilt and agrees with the sentence imposed on him administrative punishment. And special proceedings are characterized by a certain special (complicated) procedure for bringing to administrative responsibility, different from its usual procedure (for example, proceedings in relation to minors).

Depending on which body it is carried out (more precisely, who is considering the case), proceedings in cases of administrative offenses are divided into collegial and single-authority proceedings. So, in particular, when considering a case by a collegial body (for example, administrative commission or a commission on juvenile affairs), minutes of the meeting are required to be kept, and critical issues are decided collectively, i.e. by all participants by majority vote. The absence of a quorum complicates the decision on the case and prevents further recognition this decision legal, which is not the case sole consideration cases where the protocol is often (by force of law) not kept.

Proceedings in cases of administrative offenses can also be classified depending on the instance where they are carried out: proceedings in the body administrative jurisdiction first instance and proceedings in the administrative jurisdiction of the second instance (in case of appeal or protest earlier decision taken), although this classification criterion is optional.

Participants:

1. A person against whom proceedings are being conducted for an administrative offense, has the right: get acquainted with all the materials of the case; give explanations; present evidence; file petitions and challenges; use legal assistance from a defense attorney; be present during the hearing of the case; appeal decisions (decisions) in the case.

2. Victim- an individual or legal entity who has suffered physical, property or moral harm due to an administrative offense. Victim has the right: get acquainted with all the materials of the case; give explanations; present evidence; file petitions and challenges; use legal assistance from a representative; appeal decisions in the case, etc.

3. Legal representatives of an individual - subjects (parents, adoptive parents, guardians or trustees) who protect the rights and legitimate interests of an individual who is being prosecuted for an administrative offense, or a victim who is a minor or, due to his physical or mental condition, is deprived of the ability to independently exercise his rights.

4. Legal representatives of a legal entity- subjects (manager, other person in accordance with the law or constituent documents of a legal entity) who protect the rights and legitimate interests of a legal entity in respect of which administrative proceedings are being conducted, or a legal entity that is a victim.

5. Defender acts as a lawyer or other person providing legal assistance a person against whom proceedings are being conducted for an administrative offense.

6. Representative a lawyer or other person providing legal assistance to the victim acts.

7. Witness- a person who may know the circumstances of the case of an administrative offense that are subject to establishment.

8. Witness- any person not interested in the outcome of a case of an administrative offense who performs a certification function when applying measures to ensure proceedings in the case.

9. Specialist- any adult person involved in the proceedings on an administrative offense, not interested in the outcome of the case, who has the knowledge necessary to assist in the discovery, securing and seizure of evidence, as well as in the use of technical means.

10. Expert- any person not interested in the outcome of the case who has special knowledge in science, technology, art or craft sufficient to conduct an examination and give an expert opinion.

11. Translator- any adult person who is not interested in the outcome of the case and who has the languages ​​or sign language skills (understanding the signs of the mute or deaf) necessary for translation or sign language interpretation in the proceedings of an administrative offense.