Deprivation of special rights is imposed. Deprivation of special rights

Article 3.8. Deprivation special law

1. Deprivation of an individual who has committed an administrative offense of a special right previously granted to him is established for gross or systematic violation procedure for exercising this right in cases provided for in articles Special part of this Code. Deprivation of a special right is ordered by a judge.

2. The period of deprivation of a special right cannot be less than one month and more than two years.

3. Deprivation of special rights in the form of management rights vehicle cannot be applied to a person who uses a vehicle due to a disability, with the exception of cases of driving a vehicle while intoxicated, evading in the prescribed manner medical examination for intoxication, as well as abandonment by the specified person in violation established rules the scene of a traffic accident in which he was a participant.

4. Deprivation of a special right in the form of the right to hunt cannot be applied to persons for whom hunting is their main legitimate source livelihood.

Comm. Ekimov S.O.

Deprivation of a special right is a type of administrative punishment expressed in the form of deprivation of an individual of a special right for a period, the duration of which varies depending on the degree public danger. The period of deprivation of a special right ranges from 1 month to 2 years (according to the Code of Administrative Offenses of the RSFSR - from 15 days to 3 years).

The Code identifies three types of deprivation of special rights:

a) deprivation of the right to drive (motor vehicle, aircraft, water transport vessel (including small ones);

b) deprivation of the right to operate radio-electronic means or high frequency devices;

c) deprivation of the right to hunt.

Deprivation of the right to drive a vehicle, being an effective means of ensuring safety traffic, is a repressive measure of responsibility associated with significant legal restrictions. The imposition of this type of administrative punishment entails a ban on certain period work in the specialty for a professional driver, and the motorist is deprived of the right to drive a vehicle for the period established in the resolution on the imposition of an administrative penalty. A vehicle is understood to mean a motor vehicle with an engine capacity of more than 50 cm3 and a maximum design speed of more than 50 km/h, trailers for it that are subject to state registration, tractors, other self-propelled road-building and other machines, trams, trolleybuses.

The type of administrative punishment in question is provided for in the sanctions of Article 9.3, Part 1 of Article 12.8, Part 4 of Article 12.9, Part 1 of Article 12.10, Part 3 of Article 12.15, Part 2 of Article 12.17, Part 2 of Article 12.21, Articles 12.24, 12.26 , part 2 of article 12.28 of the Code of Administrative Offenses of the Russian Federation and is appointed only for gross violation the procedure for using this right. Gross violations include:

1) violation of ensuring the safety of life and health of people, safety of property, protection of the environment natural environment rules or regulations for the operation of tractors, self-propelled, road-building and other machines, trailers for them, equipment, supervision of technical condition which are carried out by bodies exercising state supervision over the technical condition of self-propelled vehicles and other types of equipment;

2) driving a vehicle by a driver who is intoxicated;

3) transfer of control of a vehicle to a person who is intoxicated;

4) excess set speed vehicle movement exceeding 60 km/h;

5) crossing a railway track outside a railway crossing, exiting railroad crossing when the barrier is closed or closing, or when there is a prohibiting signal from a traffic light or a crossing officer on duty, as well as stopping or parking at a railway crossing;

6) leaving on the side of the roadway intended for oncoming traffic, in cases where this is prohibited by the Traffic Rules, approved by resolution Government of the Russian Federation dated October 23, 1993. No. 1090;

7) failure to provide priority in traffic to a vehicle that has special color graphic schemes, inscriptions and designations applied to the outer surfaces, with simultaneously switched on flashing beacon of blue color and a special sound signal;

8) violation of the rules for the transportation of dangerous, large or heavy cargo;

9) violation of traffic rules or operating rules of a vehicle, resulting in causing lung harm to the health of the victim;

10) failure to comply legal requirement a police officer to undergo a medical examination for intoxication;

11) leaving the scene of a traffic accident by the driver in which he was a participant.

Deprivation of the right to drive a vehicle can be applied to a person who uses a vehicle due to a disability only in three cases:

1) for driving a vehicle while intoxicated;

2) for avoiding undergoing a medical examination for intoxication in the prescribed manner;

3) for leaving, in violation of established rules, the scene of a traffic accident in which he was a participant. In other cases, deprivation of the right to drive a vehicle does not apply to a person using a vehicle due to a disability.

Deprivation of the right to operate a vessel (including a small one) is provided for as an administrative penalty in the sanctions of Article 11.5, Parts 1, 2, Article 11.7, Parts 1, 2, Article 11.9, Article 11.11 of the Code of Administrative Offenses of the Russian Federation. In the commented article, the term “vessel” refers to air and water transport vessels. To the courts air transport(in accordance with Air Code Russian Federation dated March 19, 1997 No. 60-FZ) includes aeronautics: airplanes, helicopters, gliders, airships, balloons, etc. Deprivation of the right to control an aircraft is provided for in Article 11.5 of the Code of Administrative Offenses of the Russian Federation. Water transport vessels include self-propelled or non-self-propelled floating structures intended for the transportation of goods, passengers, luggage and mail, towing rafts, ships and other floating objects, exploration and mining, for fishing and other industries, production of icebreakers, rescue operations, dredging and others track works, for economic, scientific and cultural purposes. A small vessel should be understood as a self-propelled vessel with a gross tonnage of less than 80 register tons with a main engine with a power of less than 55 kilowatts (75 horsepower) or with outboard motors regardless of power, a non-self-propelled sailing vessel with a gross tonnage of less than 80 register tons, as well as other non-self-propelled vessel (rowing a boat with a carrying capacity of 100 kilograms or more, a kayak with a carrying capacity of 150 kilograms or more and an inflatable vessel with a carrying capacity of 225 kilograms or more). Deprivation of the right to operate a water transport vessel (including small ones) is provided for in parts 1, 2 of Article 11.7, parts 1, 2 of Article 11.9, Article 11.11 of the Code of Administrative Offenses of the Russian Federation.

Deprivation of the right to operate radio-electronic equipment and high-frequency devices as an administrative penalty is not applied in the sanctions of the articles of the Special Part of the Code, although it is identified as a type of deprivation of a special right to an individual (Part 2 of Article 32.5 of the Code of Administrative Offenses of the Russian Federation). Radio-electronic devices mean technical means consisting of one or more radio transmitting or receiving devices or a combination thereof and auxiliary equipment and designed to transmit or receive radio waves. High-frequency devices are understood as equipment or instruments designed for the generation and local use of radio frequency energy for industrial, scientific, medical, household and other purposes, with the exception of applications in the field of electrical communications.

Deprivation of the right to hunt is provided for in Part 1 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation. The right to hunt with a hunting license firearms used by all citizens of the Russian Federation who have reached the age of 18, who have passed tests on the rules of hunting, safety precautions while hunting, handling hunting firearms and who have paid state fee V established amount. Citizens inhabiting the areas Far North and equivalent areas enjoy the right to hunt with hunting firearms from the age of 14. A hunting license is a certificate of hunting rights for citizens of the Russian Federation. For foreign citizens The certificate for the right to hunt is a hunting license of a foreign hunter. In accordance with the provisions of the commented article, deprivation of the right to hunt cannot be imposed as an administrative punishment on persons for whom hunting is the main legal source of livelihood.

Deprivation of a special right as a type of administrative punishment can only be applied as the main punishment. Deprivation of a special right is ordered by a judge.

The legislator attributes the execution of the decision on deprivation of a special right to the competence of various organs. The execution of a judge’s decision on deprivation of the right to drive a vehicle, with the exception of a tractor, self-propelled machine and other types of equipment, is entrusted to officials internal affairs bodies; on deprivation of the right to drive a tractor, self-propelled vehicle or other types of equipment - to officials of bodies exercising state supervision over the technical condition of tractors, self-propelled machines and other equipment; on deprivation of the right to operate a vessel (including small ones) - on officials of bodies exercising state supervision over compliance with the rules for using vessels (including small ones); on deprivation of the right to operate radio-electronic equipment or high-frequency devices - to officials of bodies exercising state supervision of communications; on deprivation of the right to hunt - on officials of bodies exercising state supervision over compliance with hunting rules.

The period of deprivation of special rights begins from the moment of entry into legal force decisions imposing administrative punishment in the form of deprivation of the corresponding special right. If a person deprived of a special right evades submitting the relevant certificate ( special permission) or other documents, the period of deprivation of the special right is interrupted. The period of deprivation of a special right begins from the day a person surrenders or withdraws from him the corresponding certificate (special permit) or other documents. The period of deprivation of a special right in the event of an administrative penalty in the form of deprivation of the same special right being imposed on a person deprived of a special right begins on the day immediately following the day of expiration of the term of the administrative penalty applied earlier.

The procedure for executing a decision on deprivation of a special right is provided

1. Deprivation of an individual who has committed an administrative offense of a special right previously granted to him is established for a gross or systematic violation of the procedure for using this right in cases provided for by the articles of the Special Part of this Code. Deprivation of a special right is ordered by a judge.

2. The period of deprivation of a special right cannot be less than one month and more than three years.

3. Deprivation of a special right in the form of the right to drive a vehicle cannot be applied to a person who uses a vehicle due to a disability, with the exception of provided for in parts 1 and 3 of Article 12.8, Article 12.26, Part 2 of Article 12.27 of cases of driving a vehicle while intoxicated, evading a medical examination for intoxication in the prescribed manner, as well as leaving the specified person in violation of the established rules of the scene of a road traffic accident in which the participant he appeared.

(as amended by Federal Law No. 210-FZ dated July 24, 2007)

4. Deprivation of a special right in the form of the right to hunt cannot be applied to persons for whom hunting is the main legal source of livelihood.

(Part four as amended by Federal Law dated July 24, 2009 N 209-FZ)

Commentary on Article 3.8

Deprivation of an individual who has committed an administrative offense of a special right previously granted to him may be established and applied as both a primary and additional administrative punishment. The presence of a citizen’s special right is confirmed by permits. Such documents include: driver's license; certificate for the right to operate a vessel (including a small one); tractor driver (tractor driver) certificate; hunting license (see commentary to Article 32.6).

Administrative punishment in the form of deprivation of a special right is limited to a time limit of two years; after this period, the person’s powers must be restored (Part 4 of Article 32.6 of the Administrative Code). In this case, the seized documents are returned. Thus, this administrative punishment represents a temporary suspension of the powers of the violator - an individual.

The Code of Administrative Offenses provides the following types deprivation of an individual of a special right: deprivation of the right to drive a vehicle; deprivation of the right to operate a vessel; deprivation of hunting rights. On depriving an individual of the right to operate radio-electronic equipment or high-frequency devices, see paragraph 5 of the commentary to Art. 32.5.

The bodies executing the judge’s decision on deprivation of a special right, as well as the procedure for executing the decision on the application of this administrative punishment are determined in accordance with Art. 32.5, 32.6 of the Administrative Code (see comments to these articles).

Deprivation of special rights there is a temporary restriction on the legal personality of a citizen in administrative procedure for administrative offenses. This measure applies only to persons who have a special administrative status. If a citizen incorrectly uses the right granted to him, the authority executive power temporarily deprives him of this right.

Administrative penalty in the form of deprivation of a special right granted to this citizen, consists in limiting the violator’s right to engage in certain activities. The legislator currently limits the possibility of applying this penalty only to cases of deprivation of the right to drive vehicles, the right to hunt, the right to operate radio-electronic equipment or high-frequency devices.

The provision of such a special right is associated with the presence of a number of mandatory conditions. This is especially true for the right to drive vehicles. Source management increased danger, what transport is, requires certain driving skills, knowledge of traffic rules, reaching a certain age, and a corresponding state of health. So, in accordance with the Federal Law of December 10, 1995 “On Road Safety” SZ RF, 1995, No. 50, Art. 4873. right to control motor vehicles is provided to citizens who have passed qualifying exams and received the appropriate certificate. National and international driver's licenses are valid on the territory of the Russian Federation (Article 27). Similar requirements are established by law with regard to the right to operate small vessels and the right to hunt. A qualification exam is provided for navigators, and a technical minimum for hunters. Driver's licenses are issued by the State automobile inspection(for the right to drive vehicles), state inspection bodies for small boats(for the right to drive a small boat). Driver's licenses confirm the right to drive a vehicle certain category. For example, the right to drive cars, the permissible maximum weight of which does not exceed 3500 kg and the number of seats, in addition to the driver’s seat, does not exceed eight, is granted to persons who have a driver’s license of category “B”. Hunting rights confirmed hunting license, issued by the hunting society.

Deprivation of a special right is most often applied to vehicle drivers. In accordance with the Federal Law of December 10, 1995 “On Road Safety”, types of offenses entailing deprivation of the right to drive vehicles as a measure of liability are established federal law. Deprivation driver's license is provided for by the Code for gross violations of traffic rules (Article 117 - driving of vehicles by drivers who are intoxicated, Part 2 of Article 118 - violation by drivers of traffic rules or operation of vehicles, causing lung injury bodily harm), for systematic violation of traffic rules by drivers (Article 118 1), gross violation of rules by machine operators technical operation agricultural machinery and safety equipment (Article 100), violation of the rules of navigation, loading and unloading of ships, driving a vessel by a driver in a state of intoxication (Article 111 4). Deprivation of the right to hunt is applied for violation of hunting rules (Part 2 of Article 85).

The administrative penalty in question is associated with significant legal restrictions. Deprivation of a special right entails a ban on engaging in certain activities for a period specified in the resolution on the application this penalty. The application of this administrative penalty entails for a professional driver a ban on working in his specialty for a certain period of time, and for an amateur driver - for a specified period of time, driving a vehicle belonging to him (a car, a motorcycle, a small boat, etc.) etc.). Deprivation of the right to hunt means a ban on hunting for a certain period of time.

The law provides for a number of conditions limiting the application of deprivation of special rights. The law also limits the application of deprivation of the right to drive vehicles. This administrative penalty cannot, as a general rule, be applied to persons who use these vehicles due to a disability. There are exceptions to the above rule. The law associates deprivation of the driver's license of the named persons with cases of driving a vehicle while intoxicated, failure to comply with a police officer's request to stop a vehicle, leaving the scene of a traffic accident in violation of established rules, evading entry into the established nom inspection procedure.

The legislation places the application of the administrative penalty in question within the competence of various bodies. The application of deprivation of a driver's license depends on the type of vehicle. Deprivation of the right to drive motor vehicles and urban electric transport is applied by the internal affairs bodies, to drive tractors, combines and other agricultural machines - by state technical inspection bodies, to drive small vessels - by state inspection bodies for small vessels. The right to impose an administrative penalty in the form of deprivation of the right to hunt is granted to the bodies exercising state supervision over compliance with hunting rules.

view administrative penalty for administrative offenses, imposed on a citizen by an authorized body (official): expressed in the restriction of the right to engage in certain activities for a designated period - from 15 days to 3 years (Article 30 of the Administrative Code). There are three types of L.S.P., namely deprivation of the right: a) to drive vehicles: b) to hunt: c) to operate radio-electronic equipment and high-frequency devices. The law provides certain limits application of this type of administrative penalty. Thus, it is impossible to deprive the right to drive vehicles of persons who use these vehicles due to a disability, with the exception of cases of driving while intoxicated, failure to comply with a police officer’s request to stop the vehicle, leaving the scene of a traffic accident in which they are a participant, evading examination for intoxication. Deprivation of the right to hunt cannot be applied to persons for whom hunting is the main source of livelihood. Deprivation of rights is provided for gross traffic violations, gross violation by machine operators of the rules of technical operation of agricultural machines, violation of swimming rules, violation of hunting rules, violation of the rules of registration, design, construction, installation, operation of radio-electronic equipment or high-frequency devices. Authority of L.s.p. granted: the right to drive motor transport, urban motor and electric transport - internal affairs bodies: tractors, combines and other self-propelled agricultural machines - state technical supervision bodies: small vessels - state inspection bodies for small vessels: hunting rights - authorities supervising compliance with hunting rules: rights to operate radio-electronic equipment and high-frequency devices - to state communications supervisory authorities. Execution of an administrative penalty in the form of a personal statement provided to a given citizen is carried out in accordance with the procedure special production, the procedure of which is regulated by Art. 294-298 Code of Administrative Offences.

Great definition

Incomplete definition ↓

DEPRIVATION OF SPECIAL RIGHT

type of administrative penalty; consists in prohibiting an individual from engaging in one of the following activities for a certain period of time specific types activities that require special permission for their implementation. HP includes: deprivation of the right to drive vehicles; deprivation of hunting rights; deprivation of the right to operate radio-electronic equipment or high-frequency devices (Article 30 of the Code of Administrative Offenses of the RSFSR). HP can only be established by the legislation of the Russian Federation (Administrative Code of the RSFSR, Article 24) and applied only as the main administrative penalty (Administrative Code of the RSFSR, Art. 25). Term L.S.P. cannot be less than 15 days (unless otherwise established by the legislation of the Russian Federation) and more than three years. HP applied for gross or systematic violation of the procedure for exercising the relevant right. The legislation provides certain restrictions when using L.sp. Deprivation of the right to drive vehicles cannot be applied to persons who use these means due to disability (except for cases of committing a strictly limited range of offenses, for example, driving a vehicle while intoxicated), and deprivation of the right to hunt - to persons for whom hunting is the main source of existence. Decisions to deprive drivers of the right to drive vehicles are made by internal affairs bodies represented by State Inspectorate road safety; on depriving citizens of the right to drive tractors and other self-propelled vehicles- Gostekhnadzor bodies; on depriving skippers of the right to operate the relevant vessels - authorities river transport and bodies of the State Inspectorate for Small Vessels; about deprivation of citizens' rights to hunt - bodies exercising state supervision over compliance with hunting rules; on deprivation of the right to operate radio-electronic equipment or high-frequency devices - authorities State supervision for communications in the Russian Federation and judges of district courts. Since L.sp. refers to legal restrictions that entail sufficient consequences for the violator serious consequences, it is advisable that L.sp. was applied exclusively by judges of district courts (magistrates). In accordance with the Code of Administrative Offenses of the RSFSR, decisions on L.s.p. made by judges are final and cannot be appealed in the manner of proceedings in cases of administrative offenses (Article 266); those made by other bodies (officials) can be appealed to higher authority(to a higher official), after which the complaint can be submitted to district court, the decision of which is final (Article 267). Obviously the data provisions of the Code of Administrative Offenses RSFSR contradict the norms of the Constitution of the Russian Federation, guaranteeing the right of citizens to legal protection rights and freedoms and must be changed. AY. Yakimov

New edition of Art. 3.8 Code of Administrative Offenses of the Russian Federation

1. Deprivation of an individual who has committed an administrative offense of a special right previously granted to him is established for a gross or systematic violation of the procedure for using this right in cases provided for by the articles of the Special Part of this Code. Deprivation of an individual of a special right previously granted to him is also established for evading the execution of another administrative penalty imposed for violating the procedure for using this right, in cases provided for by the articles of the Special Part of this Code, for violating the law established in accordance with the legislation on enforcement proceedings temporary restrictions on the use of special rights. Deprivation of a special right is ordered by a judge.

2. The period of deprivation of a special right cannot be less than one month and more than three years.

3. Deprivation of a special right in the form of the right to drive a vehicle cannot be applied to a person who uses a vehicle due to a disability, except in cases of administrative offenses provided for in parts 1 and 2 of Article 12.8, part 7 of Article 12.9, part 3 of Article 12.10 , part 5 of article 12.15, part 3.1 of article 12.16, article 12.24, part 1 of article 12.26, parts 2 and 3 of article 12.27 of this Code.

4. Deprivation of a special right in the form of the right to hunt cannot be applied to persons for whom hunting is the main legal source of livelihood, except in cases provided for by part 1.2 of Article 8.37 of this Code.

Commentary on Article 3.8 of the Code of Administrative Offenses of the Russian Federation

1. Deprivation of a person who has committed an offense of a special right previously granted to him in the presence of supporting evidence permitting documents as a measure administrative responsibility implies forced implementation(although there is no clear definition in the Code). The wording “for gross or systematic violation of the procedure for exercising this right” is a condition under which government bodies not only have the right, but also the obligation to bring a citizen to administrative responsibility, which is a material and administrative guarantee of bringing of this person to administrative responsibility.

The implementation of this penalty is appointed by a judge - a magistrate.

2. Fixed time deprivation cannot be less than one month and more than two years (from January 1, 2008 - less than one month and more than three years), which ensures that the offender understands the fact that re-commitment similar offense will again entail unpleasant consequences, and on the other hand, the offender does not lose hope of regaining the lost right and implementing it in practice.

3. As an exception to general rule in accordance with the principle of humanism, deprivation of a special right cannot be applied to a person who uses a vehicle due to a disability, which does not imply his release from administrative liability. However, driving a vehicle while intoxicated, evading a medical examination for intoxication in the prescribed manner, leaving the said person in violation of the established rules at the scene of a traffic accident in which he was a participant, authorizes the federal executive bodies(officials) bring this person to justice and provides conditions for the issuance court decision and application as a measure of administrative liability of this type of punishment in accordance with parts 1 and 3 of Article 12.8, Article 12.26, Part 2 of Article 12.27 (see comments to these articles).

4. The state also guarantees to persons for whom, for example, hunting is the main legal source of livelihood, that deprivation of a special right in the form of the right to hunt will not be applied to them, but this does not mean that this category of persons is exempt from administrative liability.

5. The following types of deprivation of rights are distinguished: hunting (part 1 of article 8.37 of the Administrative Code); deprivation of the right to drive transport, self-propelled vehicles or other types of equipment (Article 9.3 of the Administrative Code); deprivation of the right to control an aircraft (Article 11.5 of the Administrative Code); deprivation of the right to operate a vessel at sea, inland water transport, small vessel (Article 11.7 of the Administrative Code, etc.); driving motor vehicles (Article 12.8 of the Administrative Code), etc.

6. The bodies executing the judge’s decision on deprivation of a special right, as well as the procedure for executing the decision on the application of this administrative punishment are determined in accordance with Art. 32.5, 32.6 of the Administrative Code (see comments to these articles).

Another comment on Art. 3.8 of the Code of the Russian Federation on Administrative Offenses

1. Two types of prohibition follow from the meaning and content of this article: deprivation of the right to drive vehicles and deprivation of the right to hunt.

This article, unlike the previous Code of Administrative Offenses of the Russian Federation, does not provide for deprivation of the special right to operate radio-electronic equipment or high-frequency devices.

This type of administrative punishment significantly limits the possibilities of those offenders who, by their illegal actions may cause harm and damage to safety, health, life individual citizens. This is especially true for the right to drive a vehicle. The vehicle is a source of increased danger and requires certain driving skills, knowledge of traffic rules, achievement of a certain age, corresponding health status.

The application of deprivation of special driving rights entails a prohibition to engage in certain activities: for a professional driver - a prohibition to work in his specialty, and for an amateur driver - a prohibition to drive a vehicle that belongs to him. Deprivation of the right to hunt means a ban on hunting.

2. The basis for imposing this type of punishment is its direct establishment in the sanctions of the Special Part of the Code of Administrative Offenses of the Russian Federation and only as the main administrative punishment. Thus, administrative punishment in the form of deprivation of the right to drive a vehicle is established for driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication (Article 12.8); exceeding the set speed (Article 12.9); violation of traffic rules through railways(Article 12.10); violation of the rules for positioning a vehicle on the roadway, passing oncoming traffic or overtaking (Article 12.15), etc.

3. Deprivation of a special right is established for gross or systematic violation of the procedure for using this right. These criteria characterize not only objective side administrative offense, but also indicate the use given punishment in exceptional cases.

4. Previously, the right to impose administrative punishment in the form of deprivation of a special right fell within the competence of various supervisory authorities. Now deprivation of a special right is ordered by a judge.

5. As before, the period of deprivation of a special right is of a relatively specific nature and is assigned within the limits of the sanctions of the articles of the Special Part. For example, exceeding the established speed of a vehicle by more than 60 kilometers per hour may result in deprivation of the right to drive vehicles for a period of two to four months (Article 12.9). However, their general minimum and maximum time limits have changed. Minimum term deprivation of a special right cannot be less than one month, and the maximum - more than two years.

6. Within the meaning of this article, deprivation of a special right applies to individuals. Its regulations provide for the following restrictions on the application of deprivation of special rights:

deprivation of a special right to drive a vehicle cannot be applied to a person who uses a vehicle due to a disability, with the exception of cases of driving a vehicle while intoxicated, evading a medical examination for intoxication in the prescribed manner, as well as leaving the specified person in violation of established rules of the place of the traffic accident in which he was a participant;

deprivation of a special right in the form of the right to hunt cannot be applied to persons for whom hunting is the main legal source of livelihood.

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