sample plots of protocols on administrative offenses. Vii
ST 20.12 Code of Administrative Offenses of the Russian Federation
1. Transfer of weapons -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of weapons.
2. Violation of the rules for transporting weapons and ammunition for them -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Violation of the rules for the use of weapons and ammunition for them -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or deprivation of the right to acquire and store or store and carry weapons for a period of one to two years.
Commentary to Art. 20.12 of the Code of Administrative Offenses of the Russian Federation
1. The object of an administrative offense is relations in the field of ensuring public order and public safety. The subject of an administrative offense is the rules for sending, transporting, transporting or using weapons and ammunition for them.
2. The objective side of the offense is characterized by actions related to:
Transfer of weapons (part 1);
Violation of the rules for transporting weapons and ammunition for them (Part 2);
Violation of the rules for the use of weapons and ammunition (Part 3).
3. Subjects of administrative offenses are citizens who have reached the age of 18 and have permission to store weapons, as well as legal entities.
4. From the subjective side, an administrative offense is characterized by both intentional and careless forms of guilt.
5. Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation).
6. Cases of administrative offenses are considered by officials of internal affairs bodies (police) (Article 23.3 of the Code of Administrative Offenses of the Russian Federation), as well as (cases of violations provided for in Parts 1 and 3 of Article 20.12 of the Code of Administrative Offenses of the Russian Federation) by judges, if officials of the bodies Internal Affairs (police) transfer the case to court (Part 2 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation).
VIII. Requirements for drawing up a protocol on an administrative offense under Art. 20.20 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base
8.1. Article 20.20 of the Code of Administrative Offenses of the Russian Federation “Drinking beer and drinks made on its basis, alcoholic and alcohol-containing products, or consumption of drugs or psychotropic substances in public places” provides for liability for:
under Part 1 - for drinking beer and drinks made on its basis, as well as alcoholic and alcohol-containing products containing ethyl alcohol less than 12 percent of the volume of finished products in children's, educational and medical organizations, on all types of public transport (transport common use) urban and suburban communications, in cultural organizations (except for organizations or points located in them Catering, including without education legal entity), physical education, health and sports facilities.
under Part 2 - for drinking alcoholic and alcohol-containing products with an ethyl alcohol content of 12 percent or more of the volume of the finished product on the streets, stadiums, squares, parks, in a public vehicle, and in other public places (including those specified in Part 1 of the article 20.20), with the exception of trade and public catering organizations where sales are permitted alcoholic products on tap.
under Part 3 – for the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or the consumption of other intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle, as well as in other public places.
8.2. The purpose of this article is to ensure, by means of administrative influence, that citizens observe public order and public morality, protect the rights and freedoms of man and citizen from attacks on healthy image life.
8.3. Public places, specified in part 1 are children's, educational and medical organizations, all types of public transport in urban and suburban communications, cultural organizations (except for organizations or public catering establishments located in them, including those without the formation of a legal entity), physical education, recreation and sports facilities. To public places where drinking alcoholic beverages and consumption of intoxicating substances includes the following: streets, parks, squares, courtyards, entrances, staircases, elevators of residential buildings; entertainment enterprises (theatres, cinemas, palaces of culture); beaches, other public places. These include areas that are usually not considered public places, but become such during citizens’ leisure time.
8.3. Based on part 1 of Art. 20.20 of the Code of Administrative Offenses of the Russian Federation, it is impossible to hold accountable a minor who drinks beer simply on the street or in the courtyard of a residential building, as well as in other public places that are not listed in the above list, despite the official federal prohibition enshrined in the Federal Law Russian Federation dated November 22, 1995 No. 171-FZ “On government regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products,” according to which the consumption (drinking) of beer and drinks made on its basis by minors in any public places is not allowed.
If drinking beer or alcoholic beverages is accompanied by obscene language, offensive harassment of citizens or other similar actions that demonstratively violate public order and tranquility of citizens, then the person may be brought to administrative responsibility for petty hooliganism under Art. 20.1 of the Code.
8.4. The objective side of the offense provided for in Part 3 is the consumption of narcotic drugs or psychotropic substances without a doctor’s prescription or the consumption of other intoxicating substances in public places. The definition of narcotic drugs and psychotropic substances is established by Federal Law of January 8, 1998 No. 3-FZ “On Narcotic Drugs and Psychotropic Substances”.
8.5. The evidence base when initiating proceedings under Art. 20.20 of the Code of Administrative Offenses of the Russian Federation may be:
Protocol on the seizure of things;
Certificate of medical examination for intoxication;
8.6. Depending on the circumstances of the administrative offense committed, the event of the administrative offense provided for in Parts 1,2,3 of Art. 20.20 Code of Administrative Offenses of the Russian Federation, it may be indicated:
example of event No. 1 (part 1, article 20.20)
“05/17/2013 at 15:00 Ivanov I.I., while in public transport, namely on a bus on route 27, a city service operating in the territory of the city of Izhevsk, was drinking alcoholic drink– “Blazer” cocktail with 9% ethyl alcohol content;
Example of event No. 2 (Part 1, Article 20.20)
“02/02/2013 at about 19:00 Ivanov I.I., being in the room educational institution, namely, State Educational Institution of Secondary Professional Education "Izhevsk Medical College" named after. F. Pushina, located at the address: Izhevsk, st. Krasnogeroyskaya, 12, drank beer trademark"Baltika", with an ethyl alcohol content of 4.4%";
example of event No. 3 (part 2, article 20.20)
“09/04/2013 at 16:50 Ivanov I.I., while at a public transport stop at the address: ____________, was drinking an alcohol-containing drink, vodka “Lednik”, volume 0.5 liters, ethyl alcohol content 40%”;
example of event No. 4 (part 3, article 20.20)
“01/01/2013 at 19:00 Ivanov I.I., being near the house____________________, inhaled vapors of the intoxicating substance “Toluene”.
example of event No. 5 (part 3, article 20.20)
“01/01/2013 at 19:00 Ivanov I.I., being near the house ___________________, inhaled vapors of Moment glue for the purpose of intoxication.”
IX. Requirements for drawing up a protocol on an administrative offense under Art. 20.21 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base
9.1. Article 20.21. The Code of Administrative Offenses of the Russian Federation “Appearing in public places in a state of intoxication” provides for liability for appearing on the streets, stadiums, squares, parks, in a public vehicle, and in other public places in a state of intoxication that is offensive human dignity and public morality.
9.2. Taking into account the provisions of Part 2 of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation, in the event of an administrative offense provided for in Article 20.21. Code of Administrative Offenses of the Russian Federation, it is mandatory to indicate:
What was the insult to human dignity and public morality? Feature objective side of this administrative offense is that the citizen is in public place not just drunk, but in such a state of intoxication that offends human dignity and public morality in particular, one can be held accountable if the potential offender: is in a public place in a state of intoxication, and at the same time has an indecent appearance (an unkempt appearance that causes disgust and disgust; dirty, wet, unbuttoned, inside-out clothes); due to intoxication, the person has completely or significantly lost the ability to navigate (stands aimlessly or also moves aimlessly from place to place, coordination of movements is impaired and, as a result, instability, staggering gait); complete helplessness of a drunk (being in a public place in an unconscious (lying down) state), etc.
9.3. The evidence base when initiating proceedings under Art. 20.21 of the Code of Administrative Offenses of the Russian Federation may be:
Protocol on administrative violation;
Protocol on administrative detention, if the person was subjected to such;
Report on the identification of an administrative violation event;
Explanations of the person held accountable (minor);
Messages (appeals, letters) containing data indicating the presence of an administrative offense event;
Testimony of witnesses (witnesses can be persons who drank with the minor, as well as passers-by who saw the event of an administrative offense);
Copies of identification documents;
Characteristics of the person against whom administrative proceedings are being initiated (characteristics can be either personal or from the place of work or study);
Information about the financial and property status of the person held accountable;
Protocol on the seizure of things;
Certificate of medical examination for alcohol intoxication
- information about the income of the person brought to administrative responsibility;
Other documents relevant to the case.
9.4. When transferring a minor to parents (legal representatives), the case materials are accompanied by the testimony of the parents (as witnesses characterizing the personality of the offender and assessing his behavior), as well as a receipt for the transfer of the minor under their responsibility.
9.5. Depending on the circumstances of the administrative offense committed, the event of an administrative offense under Art. 20.21 Code of Administrative Offenses of the Russian Federation, it may be indicated:
example event #1
“04/21/2013 at 22:00, minor Ivanov A.A. was near the Aikai store, located at the address: Izhevsk, st. Sovetskaya 80, intoxicated. When walking, he staggered from side to side, a strong smell of alcohol emanated from the minor, and he was dressed in dirty, unkempt clothes. to his appearance he insulted human dignity.”
Example event #2
“Ivanova I.I., born 08/11/1997, 08/24/2013 at about 17:00 on the territory of the educational institution GOU NPO “PU No. 1”, namely on the territory of the dormitory of GOU NPO PU No. 1, located at address: Izhevsk, st. Azina, 1, was in a state of alcoholic intoxication, which offends human dignity and public morality. When walking, the minor staggered from side to side, in addition, a strong odor of alcohol emanated from her. With her appearance she insulted human dignity and public morality.”
X. Requirements for drawing up a protocol on an administrative offense under Art. 20.22 Code of Administrative Offenses of the Russian Federation and the formation of an evidence base
10.1. Article 20.22. The Code of Administrative Offenses of the Russian Federation “The appearance of minors in a state of intoxication, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances in public places”, provides for liability for the appearance in a state of intoxication of minors under the age of sixteen years of age, as well as their drinking of beer and drinks made on its basis, alcoholic and alcohol-containing products, their consumption of narcotic drugs or psychotropic substances without a doctor’s prescription, other intoxicating substances on the streets, stadiums, squares, parks, in a public vehicle , in other public places.
10.2. Since Article 20.22 of the Code of Administrative Offenses of the Russian Federation provides for the responsibility of legal representatives for offenses by minors, in the event of an administrative offense under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation, taking into account the provisions of Part 2 of Art. 28.2 of the Code of Administrative Offenses of the Russian Federation must necessarily indicate:
The age of the minor, i.e. date of birth (day, month, year);
Type of alcoholic and alcohol-containing products, narcotic drugs or psychotropic substances, intoxicating substances, which must be checked against existing lists;
A place where a minor appeared in a state of intoxication, drank beer, drinks made on its basis, alcoholic or alcohol-containing products, used narcotic, psychotropic, or intoxicating substances.
10.3. The evidence base when initiating proceedings under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation may be:
Protocol on administrative violation;
Protocol on administrative detention, if the person was subjected to such;
Report on the identification of an administrative violation event;
Explanations of the person held accountable (legal representative);
Explanations of the minor;
Messages (appeals, letters) containing data indicating the presence of an administrative offense event;
Testimony of witnesses (witnesses can be persons who drank with the minor, as well as passers-by who saw the event of an administrative offense);
Copies of identification documents;
Protocol on the seizure of things;
Certificate of medical examination for intoxication
Note: serves as evidence subject to obtaining the voluntary informed consent of a minor or his legal representatives for medical intervention, as well as in other cases provided for in Art. 20 Federal Law dated November 21, 2011 No. 323-FZ “On the fundamentals of protecting the health of citizens in the Russian Federation”;
Information about the income of the person brought to administrative responsibility;
Other documents relevant to the case.
10.4. When transferring a minor to parents (legal representatives), the case materials are accompanied by the testimony of the parents (as witnesses characterizing the personality of the offender and assessing his behavior), as well as a receipt for the transfer of the minor under their responsibility.
10.5. Depending on the circumstances of the administrative offense committed, the event of an administrative offense under Art. 20.22 of the Code of Administrative Offenses of the Russian Federation, it may be indicated:
example event #1
“Kuznetsova I.I. is the mother of the minor Kuznetsov A.A., born September 14, 1999, a student of the Municipal Educational Institution “Secondary School No. 1”, who on March 25, 2010 at 12:00, while in a public place, near the house ____________, was drinking beer.”
Example event #2
“Ivanov I.I., is the legal representative (father) of the minor Ivanova A.A., born December 12, 1999, a student of municipal educational institution “Secondary School No. 1”, who on October 10, 2013 at 22:20, was at the house _________________, in a state of intoxication.”
XI. Final provisions
11.1. These Recommendations have been developed for use by commissions on the affairs of minors and the protection of their rights of the Udmurt Republic.
11.2. These Recommendations provide examples of events of administrative offenses provided for in Art. 5.35, 6.8, 6.9, 6.10, 20.1, 20.20, 20.21, 20.22 of the Code, however, when indicating in the protocol on administrative offenses the event of an administrative offense, it is necessary to proceed not only from the provisions of the Recommendations, but, first of all, from the requirements of the current Code of Administrative Offenses of the Russian Federation, in particular Part 2 Art. 28.2. and the content of the article, which provides for liability for one or another type of offense.
11.3. These Recommendations provide the types of documents that can serve as evidence of events of administrative offenses, however, the collection, synthesis and analysis of their relevance, admissibility and sufficiency for legal proceedings in the case of an administrative offense should be carried out by employees of the Departments for Minors and Commissions for Minors and protection of their rights depending on the specific circumstances of the case and the conditions in which their collection and registration took place.
New edition of Art. 20.12 Code of Administrative Offenses of the Russian Federation
1. Transfer of weapons -
shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of weapons.
2. Violation of the rules for transporting weapons and ammunition for them -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
3. Violation of the rules for the use of weapons and ammunition for them -
shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or deprivation of the right to acquire and store or store and carry weapons for a period of one to two years.
Commentary on Article 20.12 of the Code of Administrative Offenses of the Russian Federation
1. The object of an administrative offense is public relations prevailing in the sphere of arms circulation.
2. The objective side of the first commented article is expressed in the transfer of weapons, that is, in the sending of weapons as luggage without proper escort.
3. The objective side of the second part of Article 20.12 is a violation of the rules for transporting weapons and ammunition for them. The procedure for transporting weapons is regulated by Federal Law of November 13, 1996 N 150-FZ “On Weapons”, Decree of the Government of the Russian Federation of July 21, 1998 N 814 “On measures to regulate the circulation of civilian and service weapons and cartridges for them in the territory of Russian Federation", regulatory legal acts of the Ministry of Internal Affairs of Russia.
It is necessary to distinguish violation of the rules for the transportation of weapons from the illegal transportation of weapons, which is classified according to the provisions of the Criminal Code. That's why an important condition bringing to administrative liability is the presence of a permit for the storage and transportation of weapons.
4. The objective side of part three is the violation of the rules for the use of weapons and ammunition for them. Weapons can be used only in cases specified by law. The use of weapons should not harm the legitimate rights and interests of the individual, society and the state.
5. The subject of an offense can be citizens and officials.
6. From the subjective side, the offense is intentional.
7. Protocols on administrative offenses are drawn up by officials of internal affairs bodies.
8. Cases of administrative offenses provided for in the commented article are considered by officials of internal affairs bodies. Cases of offenses provided for in parts 1 and 3 can be considered by judges if officials refer them to a judge for consideration.
Another comment on Art. 20.12 of the Code of the Russian Federation on Administrative Offenses
1. The object of the offenses for which liability is provided for in this article is public order and public safety, the established procedure for the circulation of weapons.
Article 6 (clause 4) of the Federal Law “On Weapons” establishes a ban on the transfer of weapons.
2. The objective side of the offense provided for in Part 1 of this article is the illegal action of sending civilian and service weapons contrary to the established prohibition. IN in this case the transfer of weapons should be distinguished from transportation and transportation (see commentary to part 2 of this article). Forwarding would be, for example, sending weapons through postal networks. Moreover, the ban on transfer is established in relation to civilian and service weapons (Article 6 of the Federal Law “On Weapons”). The transfer of weapons of other types, as well as civilian and service weapons, which entailed consequences of a certain degree of severity, is qualified in accordance with the norms of the Criminal Code.
3. The subjects of the offense provided for in Part 1 of this article are citizens of the Russian Federation who possess weapons legally(see paragraph 7 of the commentary to Article 20.8), who carried out the transfer of weapons (if these actions do not fall under the provisions of the Criminal Code of the Russian Federation - see paragraph 2 of the commentary to this article), Foreign citizens, which were purchased on the territory of the Russian Federation civilian weapons under licenses issued by internal affairs bodies on the basis of requests from diplomatic missions of foreign states in the Russian Federation, of which they are citizens, or imported sports and hunting weapon to the territory of the Russian Federation in the presence of an invitation from a legal entity that has a hunting license, a hunting contract with the specified legal entity or an invitation to participate in sporting events and the corresponding permit from the Ministry of Internal Affairs of the Russian Federation, who committed the transfer of weapons (unless this act is subject to qualification in accordance with the norms of the Criminal Code of the Russian Federation or does not fall within the scope of international standards). Citizens who own weapons illegally and who transfer them bear criminal liability.
4. The subjective side of the offense provided for in Part 1 of the article in question is characterized by guilt in the form of intent; the person is aware of his actions and wants to perform them.
5. The objective side of the offense provided for in Part 2 of this article is expressed in an action (inaction) that violates the established rules for the transportation and transportation of weapons and ammunition for them. Moreover, it should be noted that we're talking about specifically about violation of the rules, and not about illegal transportation, since actions to implement the latter are qualified in accordance with the norms of the Criminal Code of the Russian Federation (Part 1 of Article 222).
Article 27 of the Federal Law “On Weapons” provides for the seizure by internal affairs bodies of weapons and ammunition in case of violation of the rules for the transportation and transport of weapons established by this Law and other regulatory legal acts of the Russian Federation before a final decision is made in the manner established by the federal legislation of the Russian Federation.
The validity period of a transportation permit is established by the internal affairs body when issuing it based on the calculation of the real time required to deliver weapons and ammunition to their destination, but not more than one month.
The validity period of permits can be extended by the internal affairs body that issued it, in the form established by the Ministry of Internal Affairs of the Russian Federation.
The issuance of permits for the transportation of weapons and ammunition (cartridges), in replacement of previously issued ones, upon expiration of their validity period, can be carried out by city (including district in cities), district and linear internal affairs bodies along the route upon application of an accompanying person or carrier (customs carrier ) weapons and ammunition (cartridges) in cases of circumstances arising that caused a significant delay in the route or reloading of weapons and ammunition (cartridges) onto a new vehicle.
7. Neither the disposition nor the sanctions of Part 2 of this article indicate the subjects of the offense. Obviously, they can be citizens of the Russian Federation and foreign citizens (see paragraph 3 of the commentary to this article), who have reached the age of eighteen, possess weapons legally (see paragraph 7 of the commentary to Article 20.8), who have violated the rules of transportation, transportation weapons and ammunition for them.
In contrast to Article 173 of the Code of Administrative Offenses of the Russian Federation of the RSFSR, which provided for the administrative liability of special entities in Parts 3 and 4, Part 2 of the commented article does not establish such liability. At the same time, persons responsible for the transport and transport of weapons must comply with the specified rules, since this is part of their job responsibilities, and, bear administrative liability for their violation (unless criminal liability is provided).
8. The subjective side of the offense provided for in Part 2 of this article is characterized by both intentional and careless forms of guilt.
9. The objective side of the offense provided for in Part 3 of the commented article can be expressed in action (inaction).
10. The subjects of the offense provided for in Part 3 of this article are citizens of the Russian Federation who have reached the age of eighteen, who have the right to own and use weapons, foreign citizens (see Article 14 of the Federal Law “On Weapons”) and officials whose duties include use of weapons who violated the rules for the use of weapons and ammunition (unless their actions entail criminal liability).
11. The subjective side of the offense provided for in Part 3 of the commented article can be expressed both in the form of intent and negligence.
- Up
Full text of Art. 12.20 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 12.20 of the Code of Administrative Offenses of the Russian Federation.
Violation of the rules for using external lighting devices, sound signals, hazard warning lights or warning triangles -
entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.
(Paragraph as amended by Federal Law of June 22, 2007 No. 116-FZ; as amended by Federal Law of July 23, 2013 No. 196-FZ.
Commentary on Article 12.20 of the Code of Administrative Offenses of the Russian Federation
1. The objects of the offense in question are public relations in the field of security traffic.
2. From the objective side, the administrative offense provided for in this article consists of violating the rules for using external lighting devices, sound signals, hazard warning lights or warning triangles.
Clause 19 of the Traffic Rules of the Russian Federation, approved by Resolution of the Council of Ministers - Government of the Russian Federation of October 23, 1883 N 1090 (as amended and additionally), sets out the rules for the use of external lighting devices and sound signals. So, in particular, in the dark and in conditions insufficient visibility High and low beam headlights must be turned on on all motor vehicles and mopeds; on trailers - side lights. High beams should be switched to low beams in populated areas, if the road is illuminated, when passing oncoming traffic in order to avoid dazzling drivers of both oncoming and passing vehicles. When stopping and parking at night on unlit sections of roads, the side lights must be turned on. When driving in daylight hours 24 hours, low beam headlights must be turned on on motorcycles and mopeds, when driving in an organized transport convoy, when organizing groups of children in buses or trucks, when transporting dangerous, large and heavy cargo, when towing motor vehicles. In addition, when driving during daylight hours, in order to indicate a moving vehicle Low beam headlights must be on when driving outside settlements. Rules for using a spotlight, searchlight, fog lights, etc. have also been established.
Sound signals can be used only in two cases: a) to warn other drivers of the intention to overtake outside populated areas; b) when it is necessary to prevent a traffic accident.
The rules for the use of emergency warning lights and warning triangles are formulated in paragraph 7 of the Rules of the Road. Thus, the hazard warning lights must be turned on in case of: a) a traffic accident; b) forced stop in places where stopping is prohibited; c) blinding of the driver by headlights; d) towing (on a towed vehicle).
After turning on the hazard warning lights, as well as if they are malfunctioning or missing, a warning triangle must be immediately displayed in the event of an accident, as well as in case of a forced stop in places where it is prohibited.
3. The subject of the commented administrative offense is the drivers of vehicles.
4. From the subjective side, the administrative offense in question can be committed either intentionally or through negligence.
5. Cases of administrative offense are considered by the head of the traffic police, his deputy, the commander of the regiment (battalion, company) of the road patrol service (DPS), his deputy, and traffic police officers with a special rank (Article 23.3).
Consultations and comments from lawyers on Article 12.20 of the Code of Administrative Offenses of the Russian Federation
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Offenses can be expressed in action (pointing a weapon at a person) or inaction (did not check the barrel for foreign particles before shooting).
The subjects of the offense are citizens of the Russian Federation who have reached the age of eighteen, who have the right to own and use weapons, foreign citizens and officials whose duties include the use of weapons, who have violated the rules for the use of weapons and ammunition for them (unless their actions entail criminal liability). An offense can be committed intentionally or carelessly.
Committing an offense entails the imposition of an administrative fine in the amount of fifteen to twenty times the minimum wage, with or without compulsory confiscation of weapons and ammunition. Offenses provided for in Part. 1, 3 of this article are considered either by officials of the Department of Internal Affairs or judges, and part 2 only by officials of the Department of Internal Affairs.
Article 20.13 of the Code of Administrative Offenses of the Russian Federation provides for liability for firing weapons in populated areas and in other places not designated for this, as well as in designated places in violation of established rules.
A populated area should be understood as a place of permanent residence of people that has a certain status (city, town, village, village, etc.), name, cartographic location.
Shooting from a weapon in other places not designated for this purpose should be considered shooting: in vacant lots, in the forest, in a field, in recreation areas where people may be (except for shooting in cases where it is carried out in accordance with established rules).
Places specially designated for shooting are firing ranges, shooting ranges, shooting and hunting stands, shooting ranges belonging to organizations, enterprises, institutions of any form of ownership, open with the permission of the relevant authorities, where established safety rules are observed.
It is an offense to fire a weapon in places not designated for this purpose, unless harmful effects. If these actions lead to harmful consequences, for example, carelessly causing the death of another person, then they entail criminal liability.
The subjects of this offense may be citizens of the Russian Federation who use or own weapons in accordance with the established procedure and rules. Persons who own weapons illegally bear criminal liability for committing these actions.
An offense may be committed intentionally or through negligence.
Committing an offense entails the imposition of an administrative fine in the amount of up to ten times the minimum wage, with or without confiscation of weapons and ammunition.
Article 20.14 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of certification rules in the production and circulation of weapons and ammunition.
Article 7 of the Federal Law “On Weapons” establishes that all models of civilian and service weapons and ammunition for them, as well as products structurally similar to weapons, are subject to mandatory certification.
The organization of work on certification of civilian and service weapons and cartridges for them, as well as products structurally similar to weapons, is carried out by the State Committee of the Russian Federation for Standardization, Metrology and Certification (Gosstandart of Russia).
The certificate of conformity is the basis for the circulation of civilian and service weapons and ammunition for them on the territory of the Russian Federation.
Weapons production means research, development, testing, manufacturing, as well as artistic finishing and repair of weapons, manufacturing of ammunition, cartridges and their components.
Weapon trafficking refers to its production, sale, transfer, storage, carrying, that is, any actions related to the possession, use and disposal of weapons.
The subjects of the offense are citizens, officials and legal entities.
An offense can be committed either intentionally or through negligence.
Committing an offense entails the imposition of an administrative fine on citizens in the amount of ten to fifteen times the minimum wage, with or without confiscation of weapons and ammunition; for officials - from twenty to thirty minimum wages; for legal entities - from two hundred to three hundred minimum wages with or without confiscation of weapons and ammunition.
This offense is considered by police officials or judges.
Article 20.15 of the Code of Administrative Offenses of the Russian Federation provides for liability for the sale of mechanical sprayers, aerosol and other devices equipped with tear or irritant substances, electric shock devices or spark gaps, without the appropriate license.
The subjects of this offense are citizens who have reached the age of sixteen, officials and legal entities who sell these items without an appropriate license.
An offense can only be committed in the form of intent.
Committing an offense entails the imposition of an administrative fine on citizens in the amount of twenty to twenty-five times the minimum wage with confiscation of the items of the administrative offense; for officials - from forty to fifty times the minimum wage with confiscation of the items of the administrative offense; for legal entities - from four hundred to five hundred minimum wages with confiscation of the items of the administrative offense.
The offense is considered only by judges, since confiscation is provided as a mandatory punishment.
Rights of citizens in administrative proceedings, procedure for administrative proceedings in the case:
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 defender, as well as other procedural rights in accordance with the Code of Administrative Offenses of the Russian Federation.
A lawyer or other person is allowed to participate in proceedings regarding an administrative offense as a defense attorney or representative.
The powers of a lawyer are certified by a warrant issued by the relevant legal entity. The powers of another person providing legal assistance are certified by a power of attorney issued in accordance with the law.
The defense lawyer and representative admitted to participate in the proceedings on an administrative offense have the right to familiarize themselves with all the materials of the case, present evidence, file petitions and challenges, participate in the consideration of the case, appeal the application of measures to ensure the proceedings in the case, the decision on the case, and use other procedural rights in accordance with the Code of Administrative Offenses of the Russian Federation.
Seizure of things that were instruments of committing or subjects of an administrative offense, and documents that have the value of evidence in a case of an administrative offense and discovered at the scene of the commission of an administrative offense or during a personal search, search of things carried by an individual, and search of a vehicle, is carried out in the presence of two witnesses.
A protocol on the seizure of things and documents is drawn up or a corresponding entry is made in the protocol on delivery or in the protocol on administrative detention.
The protocol on the seizure of items and documents contains information about the type and details of the seized documents, the type, quantity, and other identification features of the seized items, including the type, brand, model, caliber, series, number, and other identification features of the weapon, about the type and quantity of ammunition.
The protocol on the seizure of things and documents is signed by the official who compiled it, the person from whom the things and documents were seized, and witnesses. If the person from whom things and documents were seized refuses to sign the protocol, a corresponding entry is made in it. A copy of the protocol is given to the person from whom things and documents were confiscated, or to his legal representative.
Seized firearms and ammunition for them, other weapons, as well as military supplies are stored in the manner determined by the federal executive body in the field of internal affairs.
A protocol is drawn up on the commission of an administrative offense in the field of weapons trafficking.
The protocol on an administrative offense shall indicate the date and place of its preparation, the position, surname and initials of the person who compiled the protocol, information about the person against whom the case of an administrative offense was initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if any. witnesses and victims, place, time of commission and event of an administrative offense, article of the Code of Administrative Offenses of the Russian Federation or the law of a constituent entity of the Russian Federation, providing for administrative liability for this administrative offense, explanation individual or the legal representative of the legal entity against whom the case has been initiated, other information necessary to resolve the case.
When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated, as well as other participants in the proceedings, are explained their rights and obligations, which is recorded in the protocol.
An individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol of the administrative offense. These persons have the right to submit explanations and comments on the contents of the protocol, which are attached to the protocol.
The protocol on an administrative offense is signed by the official who compiled it, an individual or a legal representative of a legal entity against whom a case of an administrative offense has been initiated. If these persons refuse to sign the protocol, a corresponding entry is made in it.
The individual or legal representative of the legal entity against whom a case of an administrative offense has been initiated, as well as the victim, is given a copy of the protocol on the administrative offense against signature.
A protocol on an administrative offense is drawn up immediately after the discovery of an administrative offense.
If additional clarification of the circumstances of the case or information about an individual or information about a legal entity is required in respect of which a case of an administrative offense is being initiated, a protocol on the administrative offense is drawn up within two days from the moment the administrative offense is discovered.
In the event of an administrative investigation, a protocol on the administrative offense is drawn up immediately upon completion of the investigation.
The protocol (prosecutor's resolution) on an administrative offense is sent to the judge, body, official authorized to consider the case of an administrative offense, within 24 hours from the moment the protocol (decision is issued) on the administrative offense is drawn up.
If the protocol on an administrative offense was drawn up by an unauthorized person, as well as in other cases when there are shortcomings in the protocol and other materials of the case on an administrative offense, then these shortcomings are eliminated within no more than three days from the date of their receipt (receipt) from the judge, body, official considering the case of an administrative offense. The materials of the case on an administrative offense with amendments and additions made to them are returned to the specified judge, body, official within 24 hours from the day the relevant deficiencies are eliminated.
A case of an administrative offense is considered within fifteen days from the date of receipt by the judge, body, official authorized to consider the case, the protocol on the administrative offense and other materials of the case.
If petitions are received from participants in the proceedings on an administrative offense or if it is necessary to further clarify the circumstances of the case, the period for consideration of the case may be extended by the judge, body, or official considering the case, but not more than by one month. The judge, body, official considering the case shall issue a reasoned ruling on the extension of the specified period.
When considering a case of an administrative offense:
1) it is announced who is considering the case, what case is subject to consideration, who and on the basis of what law is brought to administrative responsibility;
2) the fact of the appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity in respect of whom proceedings are being conducted in a case of an administrative offense, as well as other persons participating in the consideration of the case, is established;
3) the powers of legal representatives of an individual or legal entity, defender and representative are checked;
4) it is determined whether the participants in the proceedings have been notified in the prescribed manner, the reasons for the non-appearance of the participants in the proceedings are clarified and a decision is made to consider the case in the absence of these persons or to postpone the consideration of the case;
5) explain to the persons participating in the consideration of the case their rights and obligations;
6) submitted challenges and petitions are considered;
7) a ruling is made to postpone the consideration of the case in the event of:
a) receipt of an application for self-recusal or recusal of a judge, member of a collegial body, or official considering the case, if their recusal interferes with the consideration of the case on the merits;
b) challenge of a specialist, expert or translator, if the said challenge prevents the consideration of the case on the merits;
c) the need for a person participating in the consideration of the case to appear, to request additional materials on the case or to order an examination;
8) a ruling is made to bring in a person whose participation is recognized as mandatory in the consideration of the case;
9) a determination is made to transfer the case for consideration according to jurisdiction.
When the consideration of the case of an administrative offense continues, the protocol on the administrative offense, and, if necessary, other materials of the case are read out. Explanations of an individual or a legal representative of a legal entity in respect of whom proceedings are being conducted for an administrative offense, testimony of other persons participating in the proceedings, explanations of a specialist and expert opinion are heard, other evidence is examined, and if the prosecutor participates in the consideration of the case, the his conclusion.
If necessary, other procedural actions are carried out in accordance with the Code of Administrative Offenses of the Russian Federation.
Based on the results of consideration of a case of an administrative offense, a decision may be made:
1) on imposing an administrative penalty;
2) on termination of proceedings in the case of an administrative offense.
The resolution in a case of an administrative offense must indicate:
1) position, surname, name, patronymic of the judge, official, name and composition of the collegial body that made the decision;
2) date and place of consideration of the case;
3) information about the person in respect of whom the case was considered;
4) circumstances established during the consideration of the case;
5) an article of the Code of Administrative Offenses of the Russian Federation or a law of a constituent entity of the Russian Federation, providing for administrative liability for committing an administrative offense, or grounds for termination of proceedings;
6) a reasoned decision on the case;
7) the period and procedure for appealing the decision.
The decision on the case of an administrative offense is announced immediately upon completion of the consideration of the case.
A copy of the decision in the case of an administrative offense is handed over against receipt to the individual, or the legal representative of the individual, or the legal representative of the legal entity in respect of whom it was made, or is sent to the specified persons within three days from the date of the said decision.
A decision in a case of an administrative offense may be appealed by the person against whom it was made, his defense attorney, or the prosecutor:
1) rendered by a judge - to a higher court;
2) issued by an official - to a higher body, to a higher official or to the district court at the place of consideration of the case.
