Article 28.2 Protocol on Administrative Offences

1. A report shall be drawn up on the commission of an administrative offence, except in the cases provided for in articles 28.4 and 1.3 and 4 of article 28.6 of the present Code. For any reason, a natural person against whom such an offence is brought may not be present in the drafting of the administrative offence report or his or her lawful presence before the competent authority. The presence of the applicant or legal representative of the legal person against whom an administrative offence is brought may be ensured through the use of systems of form. Conference liaison, if technically available, with the authority, official or web conference system, if technically available with the authority, official, decree The question of ensuring the presence of persons designated by the vazac of the first part of the legal person, his legal representative or legal representative of the said legal person. A record of an administrative offence by means of a video-conferencing system or web-conference system is authorized by an official authorized to draw up a record of: an administrative offence, at the request of the persons concerned or on his own initiative, an official authorized to draw up a report on an administrative offence shall notify the persons concerned, by decree, of the offence committed by the person in question. of the first part, the date, time and place of the video conference or the date and time of the web conference not later than 10 working days prior to the day of writing 1.2 An official authorized to draw up a report on an administrative offence, if used by video-conferencing systems The preparation shall establish a link with the structural unit of the body, the territorial authority, the structural unit of the territorial authority, which shall use video-conferencing systems; In order to ensure the presence in the drafting of the record of the persons referred to in Part 1, paragraph 1, of this article, the person organizing the video-conferencing shall assist the official in the conduct of the proceedings. 1.3. Identification of the persons identified by the valet of Part One 1.1. Articles, in the drafting of an administrative offence report through a web-conference system, are implemented using information technology tools to ensure that 1.4. In the case of the presence of a natural person in respect of whom the water is subject, the identification of a person without his or her personal presence (one identification and authentication system, one biometric system). Waiting for an administrative offence, or his legal representative, or a legal representative of a legal person against whom an administrative offence is brought and, when drawing up a record of an administrative offence through the use of video-conferencing or web-conference systems, such a protocol shall be drawn up no later than the next p. 2. The record of the administrative offence shall indicate the date and place of its compilation, title, name and title. and initials of the person who drafted the report, information on the person against whom the administrative offence, name, surname, patronymic, address of the witness ' s residence and the victim was brought Where there are witnesses and victims, the place, time and event of an administrative offence, article of this Code or the law of the constituent entity of the Russian Federation providing for the Minister ' s responsibility for the administrative offence, explanation of the natural person or legal representative of the legal person against whom the proceedings are brought, other information, 3. When drawing up a report on an administrative offence against a natural person or legal representative of a legal person against whom proceedings have been instituted, 4. Fisicesk shall explain their rights and obligations under this Code, which shall be recorded in the record. The person or legal representative of the legal person against whom an administrative offence is brought must be given the opportunity to consult the admin protocol. and, if present, sent a copy of the record of the administrative offence through the use of video-conferencing systems. In accordance with the procedure laid down in part 5.1 of this article, the persons referred to by the head of the first part are entitled to submit explanations and comments on the content of the protocol, which are annexed to the annex to the present report. 4.1 In the event of the failure of a natural person, or a legal representative of a natural person, or a legal representative of a legal person against whom the Adminis case is pending, If notified in due course, a report of the administrative offence shall be drawn up in their absence. 5. The administrative offence report shall be signed by the official and its composition. persons or legal persons against whom an administrative offence has been brought, except as provided for in article 5.1 In the event of the refusal of a person to sign a protocol (copy of a protocol), and in the case provided for in part 4.1 of this article, a record shall be entered in the record. e. To prepare a record of an administrative offence using video-conferencing systems, such a protocol shall be signed on paper by the official who drafted it after the receipt of the report. A copy of the record shall be sent by the person concerned to the structural unit of the body, the territorial authority and the structural unit of the territorial body in which the video-conferencing system is organized. For the purpose of signing this copy by the persons referred to in part 1.1 of the first part of this article, the persons referred to in part 1.1 of this article shall, in addition to their own handwritten signature, be placed on to: A copy of the report, signed by the persons indicated by the vazac of Part One 1.1 of this article, indicating that they have received the report copies shall be sent immediately, but not later than the end of the working day, by the person conducting the video-conferencing to the official who drafted the protocol on the administrative right-wing system. In the event that the persons referred to in Part 1.1, paragraph 1, of the present article, have refused to sign a copy of the record, the person conducting the video-conferencing organization shall make such a copy appropriate. 6. to the official who has drawn up the report of the administrative offence, within the time limit prescribed by the president of the third part. to the representative of the legal person against whom the administrative offence is brought and to the victim, a copy of the record of the administrative offence shall be handed over on receipt The Committee recommends that the State party take all appropriate measures to ensure the effective implementation of the provisions of the Convention and to ensure that the State party’s compliance with its obligations under the Convention is fully implemented.