Legal encyclopedia. The letter a

ADMINISTRATIVE INVESTIGATION

- is a set of procedural actions aimed at obtaining additional information and materials that are necessary to properly resolve the issue of initiating a case of an administrative offense.

This investigation is carried out in cases when, after detection of an administrative offense in the field of advertising legislation, currency legislation, consumer protection legislation, taxes and fees, customs, environmental protection and other types of legislation, expertise and other procedural actions are carried out, Which require significant time.

The need for AR production arises when the initial data is insufficient to initiate a case of an administrative offense, and obtaining additional data takes time to demand the documents and information of the reference

Character, production

Procedural

Actions and expertise.

The decision to initiate a case against

AR may be taken only by an official who is authorized to draw up a protocol on an administrative offense, or by a prosecutor. This decision is issued by the decision, and if the fact of committing an administrative offense is identified by the prosecutor - in the form of a resolution.

The ruling on initiating a case on an administrative offense must be motivated. It specifies:

1) the place and date of its compilation;

2) position, surname and initials of the person who made up the definition;

3) an occasion to initiate a case on an administrative offense;

4) place, time of committing and event of an administrative offense;

5) article of the Code or the law of the subject of the Russian Federation, which provides for administrative liability for this administrative violation;

6) other information necessary for the resolution of the case.

Administrative offense

and

From the moment of issuing the ruling on initiating the case of an administrative offense and appointing the RA, procedural rights, duties and the right to appeal against the actions and decisions of the official who are authorized to carry out the AR arise in the case.

In order to ensure timely and prompt consideration of the case of an administrative offense, AR is held at the place where the administrative offense was committed or detected.

The duration of an AR may not exceed one month from the moment of initiating a case on an administrative offense.

The calculation of the period starts from the day of commencement of the case of an administrative offense, and its end is considered to be the day when the minutes

Administrative offense or order to dismiss the case of an administrative offense. In this case, the term AR is calculated in months. When calculating it, the hour and the day that the period begins to run are not taken into account. The period, calculated in months, expires in the corresponding number of the last month, and if

This month does not have a corresponding number, the period ends on the last day of the month. If the end of the term falls on a non-working day, the last day of the term is considered to be the first working day following it.

In exceptional cases, this term may be extended by a senior official for a period of not more than one month, at the written request of the official, and in cases of violation of customs rules - by the head of a higher customs authority for up to six months.