Administrative offenses - Art. 7.1 Code of Administrative Offenses of the Russian Federation
Art. 7.1. The Code of Administrative Offenses of the Russian Federation speaks of an administrative offense in the form of unauthorized occupation of a land plot or part of a land plot. A similar offense is also found in paragraph 1 of Art. 16 of the Law of St. Petersburg dated May 31, 2005 No. 273-70 “On Administrative Offenses in St. Petersburg” and is stated as the unauthorized placement (installation) of an improvement element.
When charged for violating Art. 7.1 Code of Administrative Offenses of the Russian Federation
In practice, most often such a violation occurs when the boundaries of the land plot go beyond the cadastre boundaries, then it turns out that the owner of the land plot seizes an additional piece of land that belongs to the state.
In a particular case, a violation of exactly this kind was revealed; the boundaries of the fence went beyond the cadastral limits of the land plot, which was recorded in the protocol on the administrative violation.
The principal explained that he did not install this fence, but that it was installed by the previous owner of the site, and he did not know that this fence went beyond the boundaries drawn by the cadastral engineer. It was decided to appeal this decision. (By the way, after checking, a lot of such offenders were identified in the village)…
How and where to appeal decisions on administrative offenses
Where to appeal decisions on administrative offenses
An appeal against a decision on an administrative offense occurs according to the rules of Art. Article 30.1 - 30.8 Code of Administrative Offenses of the Russian Federation . According to Part 3 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation - “A complaint can be filed directly with the court, a higher authority, or a higher official authorized to consider it. “Therefore, it was decided to immediately send the complaint to the court, and not go according to the rules of Part 1 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation -” A complaint against a decision in a case of an administrative offense is submitted to the judge, body, official who made the decision on the case and who are obliged, within three days from the date of receipt of the complaint, to send it with all the materials of the case to the appropriate court, higher authority, or higher official.” It is always better to file a complaint directly with the court; the case materials will still be requested, but it is not known how the authorized body that issued the decision will react to your complaint.
According to clause 3, part 1, article 30.1 - “A complaint against a decision: made by an official - to a higher body, a higher official or to the district court at the place of consideration of the case; “And so it will be a district court! Many people get confused with the place of consideration; they try to file a case in the district court within the territorial jurisdiction of which the institution where the decision was made is located - this is not true!!!
Clause 30 of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2005 N 5 - “On some issues that arise for the courts when applying the Code of the Russian Federation on Administrative Offenses” - “When determining the territorial jurisdiction of cases on complaints against decisions in cases of administrative offenses issued officials, it is necessary to proceed from the territory over which the jurisdiction of the officials extends, and not from the location of the body on behalf of which the official drew up a protocol or issued a resolution in a case of an administrative offense in the manner provided for in Part 3 of Article 28.6 and Article 29.10 of the Code of Administrative Offenses of the Russian Federation . That is, in such situations, the territorial jurisdiction for considering complaints against decisions in cases of administrative offenses should be determined by the place where the offense was committed, and not by the location of the relevant body.”
Thus, a complaint against an administrative offense is filed at the place where it was committed, that is, in our case it will be to the district court within the territorial jurisdiction of which the land plot is located.
Drawing up a complaint against a decision on an administrative offense
Now we clearly know where to file, we proceed to writing the complaint itself. In the header of the complaint on the left side, the data is indicated in the following order: To which court, from whom, the institution that issued the decision and the official who issued it.
EXAMPLE In the Vyborg District Court of the city of St. Petersburg Address: 194291, St. Petersburg, st. Santiago de Cuba, building 3, bldg. 3 Applicant; Ivanov Ivan Ivanovich Address: St. Petersburg, st. Pushkina, 1 Interested party: Ministry of Economic Development of the Russian Federation Office of the Federal Service for State Registration of Cadastre and Cartography for St. Petersburg in St. Petersburg Official: Deputy Chief State Inspector of St. Petersburg for the use and protection of lands Smirnov Smirnovych Address: St. Petersburg, st. Krasnogo Tekstilshchik, 10-12
Next, we need to title our complaint, for example, “ Complaint against the resolution in case No. ____/19 dated “___” ________ 2021 on an administrative offense .”
The descriptive part of the complaint here indicates the reasons for which the administrative decision was made, what was revealed during the inspection and reflected in the protocol on the administrative offense, and why we do not agree with this decision.
I.I. Ivanov does not agree with this resolution and considers it illegal for the following reasons: Ivan Ivanovich Ivanov acquired this land plot on the basis of a donation (purchase and sale) agreement in 1999 from Ivana Ivanovna Ivanova within those boundaries and with an installed fence that exists at the moment. According to Article 7.1 of the Code of Administrative Offenses of the Russian Federation, the actions of a person brought to administrative responsibility must be seen as arbitrariness, while the actions of Ivanov I.I. it is missing because the plot was purchased from the previous owner and a fence was installed by the previous owner. Unauthorized Ivanov I.I. did not seize or use land that did not belong to him, did not build a fence. Thus, Ivanov I.I. did not commit an administrative offense under Art. 7.1. Code of Administrative Offenses of the Russian Federation.
Next, you need to write what we actually ask from the court, it will look like this:
Based on the above and guided by Art. 46 Constitution of the Russian Federation, Art. Art. 30.1 - 30.3, 30.7 of the Code of the Russian Federation on Administrative Offenses, I ASK THE COURT: 1. Reinstate the deadline for filing this complaint; 2. Cancel the Resolution “__” _______ 2021, Deputy Chief State Inspector of St. Petersburg for the use and protection of lands Gadzhiev M.G. in case No. _____/19 on bringing Ivan Ivanovich Ivanov to administrative responsibility.
Sample complaint against a decision on an administrative offense
- We recommend comments in the article “Appealing against a decision on an administrative violation.”
According to Part 1 of Art. 30.3 of the Code of Administrative Offenses of the Russian Federation, a complaint against a decision in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy of the decision. On the possibility of restoring a missed deadline, see the article “Reinstating the deadline for appealing a decision in a case of an administrative offense.”
In accordance with Part 1 of Article 30.2 of the Code of Administrative Offenses of the Russian Federation, a complaint can be submitted either to a judge, to a body, to an official who made a decision on the case, or directly to a court, a higher body, or a higher official authorized to consider it (Part 3 Article 30.2).
There is no need to pay a state fee when filing a complaint.
In ... district court of ...
Applicant: ... (full name) Place of residence: ... Tel: ...
Representative of the applicant: ... (full name) Place of residence: ... Tel: ...
Interested person: ... (name, full name of the official) Address ..., tel: ...
Complaint against a decision on an administrative offense
By resolution __________ (specify the official who issued the resolution) N... dated “__”______ ___ the applicant was brought to administrative liability under Art. ___ Code of the Russian Federation on Administrative Offenses for ____________ (indicate the grounds for imposing an administrative penalty, for example, “for violation of the rules...”, “for violation of the requirements...”, etc.) with the imposition of an administrative penalty in the form of ________ (for example, a fine, arrest etc.).
The applicant considers Resolution No. ... dated “__”________ ___ year illegal for the following reasons: __________ (state the circumstances and evidence).
Based on the above and guided by Art. Art. 30.1 - 30.3, 30.7 of the Code of the Russian Federation on Administrative Offenses, I ask:
Option 1:
cancel the resolution dated “___”_________ ___ year N ___ and terminate the proceedings due to _________ (the presence of at least one of the circumstances provided for in Articles 2.9 of the Code of Administrative Offenses of the Russian Federation (“insignificant”), 24.5 of the Code of Administrative Offenses of the Russian Federation:
1) absence of an administrative offense event; 2) the absence of an administrative offense, including the fact that at the time of committing the unlawful action (inaction) the individual did not reach the age provided for by this Code for bringing to administrative responsibility or the insanity of the individual who committed the unlawful action (inaction); 3) actions of a person in a state of emergency; 4) issuing an act of amnesty, if such an act eliminates the application of administrative punishment; 5) repeal of the law establishing administrative liability; 6) expiration of the statute of limitations for bringing to administrative responsibility; 7) 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, of a resolution to impose an administrative penalty, or a resolution to terminate proceedings in a case of an administrative offense, provided for in the same article or the same part of an article of this Code or a law of a constituent entity of the Russian Federation, or a resolution to initiate a criminal case;
- as well as the lack of proof of the circumstances on the basis of which the decision was made).
Option 2:
Cancel the resolution dated “__”________ ___ year N __ and return the case for a new consideration to ________ (specify the competent body, official) due to a significant violation of the procedural requirements provided for by articles _______ Code of the Russian Federation on Administrative Offenses, which did not allow comprehensive, complete and consider the case objectively.
Option 3:
Cancel the decision dated “__”_______ ___ year N __ and send the case for consideration under the jurisdiction of ________ (indicate the body or official authorized to consider the case) due to the decision being made by an unauthorized body (official).
Applications:
1. Resolution on administrative offense No. ... dated “__”________ ___; 2. Evidence confirming the illegality of resolution No. __; 3. Copies of the complaint and documents attached to it to the interested party; 4. Power of attorney of the representative dated “__”_____ ___ year N... (if the complaint is signed by the applicant’s representative); 5. Other documents confirming the circumstances on which the applicant bases his claims.
“___”_________ ___ year Signature of the applicant (representative): _______________/full name/
See other examples of complaints against administrative violation decisions:
- Complaint against the decision of the magistrate in a case of an administrative offense, sample;
- Complaint against a decision in a case of an administrative offense under Art. 12.24 of the Code of Administrative Offenses of the Russian Federation (the decision to bring to administrative liability in the form of deprivation of the right to drive a vehicle, issued by the district court, is being appealed in the regional court);
- Complaint against the decision of the magistrate in an administrative case (Article 12.26 of the Code of Administrative Offenses of the Russian Federation);
- Complaint against the magistrate’s decision on bringing to administrative liability under Article 12.26 of the Code of Administrative Offenses of the Russian Federation (refusal to undergo a medical examination)
- Complaint against the decision of the magistrate to bring to administrative liability under Part 4 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation (driving into oncoming traffic);
- Complaint against a decision on an administrative offense (clause 9.10 of the Traffic Regulations - did not maintain the required lateral interval to ensure traffic safety).
All documents to the court (procedural documents):
Statements of claim to court; Applications to court (public legal relations, special proceedings..); Petitions to court, statements; Objections (response) to the statement of claim, complaint, arguments to the court; Complaints to the court (appeal, cassation, supervisory, private); Complaints against a decision in a case of an administrative offense; Complaints to the prosecutor's office and other authorities; Complaints, statements, petitions in criminal proceedings; Other procedural documents; Pre-trial claims (samples), demands, responses to claims.
Time limits for appealing a decision on an administrative offense under Art. 7.1 Code of Administrative Offenses of the Russian Federation
The first point I indicated was the restoration of the deadline for filing a complaint, the fact is that the period for filing a complaint is 10 days. (Part 1 30.3 of the Code of Administrative Offenses of the Russian Federation A complaint against a decision in a case of an administrative offense can be filed within ten days from the date of delivery or receipt of a copy resolution.) The resolution is usually received by mail from the moment it is delivered, the period begins to count! In principle, you don’t have to indicate this point, since in fact the deadlines were not missed, but I think that it won’t be superfluous. Be sure to indicate in the application and attach a printout from the Russian Post website about tracking the letter, there will be the date of delivery of your letter to you. You need to do this as follows:
Go to https://www.pochta.ru/tracking and then indicate there the number that you have on the envelope from the resolution on bringing to administrative responsibility. Then make a printout of the page in duplicate. So now for the applications, here we indicate what we are applying, namely:
A copy of this complaint; A copy of the Resolution on bringing to administrative responsibility - 2 pcs.; A copy of the letter (with tracking number) - 2 pcs.; A copy of the printout from the Russian Post website according to the track number - 2 pcs.: A copy of the Certificate of ownership of the property - 2 pcs.; A copy of the Agreement of sale and purchase (donation) of a land plot (with a house) - 2 pcs.; “___”_______________2019 ______________ Ivanov I.I.
Well, now we send the entire set by registered mail to the court and wait for a summons to appear at the hearing of the case.
Read further:
Appeal Rules
Application for drawing up a reasoned court decision
How the courts of St. Petersburg work during the epidemic
Appeal
(on the decision of the magistrate in a case of an administrative offense)
By the decision of the magistrate of judicial district No. 229 of the Chertanovo-Tsentralnoe district of Moscow K. dated November 19, 2006, I was found guilty of committing an administrative offense under Part 2 of Art. 12.8. Code of Administrative Offenses of the Russian Federation and I was sentenced to deprivation of the right to drive a vehicle for one year and six months. The Magistrate's Court found that on October 20, 2006, at 3:20 a.m., I handed over control of the VAZ-2106 vehicle belonging to me. E 033 EU 97 region, to his son, B.V.V., who was intoxicated.
However, this decision was made illegally and unfounded for the following reasons. According to Part 1 of Article 1.5. Code of Administrative Offenses of the Russian Federation “... a person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established...” However, I am guilty of committing this administrative offense, provided for in Part 2 of Article 12.8. The Code of Administrative Offenses of the Russian Federation was not established. The decision taken by the court was based only on the protocols drawn up by the police officer, which confirmed not my guilt, but the guilt of my son B.V.V., who was brought to administrative responsibility.
At the court hearing, the contradictions that existed were not eliminated. Due to my ignorance, legal illiteracy in terminology, I said that I admit guilt, but I did not understand what exactly. In my explanations, I actually do not admit guilt (from the judge’s decision “... she admitted guilt in the offense committed and explained that on October 29, 2006, her son, B.V.V., without asking her, took the keys to the car that belonged to her by right of ownership She didn’t know about it because she was sleeping..."). Why didn’t the judge pay attention to this and eliminate these contradictions with additional questions and explanations of what an admission of guilt means?
My son was not called to the court hearing to give explanations, but it is on the basis of his and my explanations that the only correct conclusion can be drawn about the presence or absence of my guilt in committing an administrative offense provided for in Part 2 of Art. 12.8. Code of Administrative Offenses of the Russian Federation.
From the subjective point of view, the offense provided for in Part 2 of Article 12.8. The Code of Administrative Offenses of the Russian Federation can be committed in the form of intent, both direct and indirect, that is, the person is aware of the illegality of his actions, desires their commission or consciously allows them. But my actions (inaction) lack not only intent, but also lack of caution. I never let my son drive the car, I never wrote him a power of attorney. My car keys were in my purse. I couldn’t know that my son would take the car without my permission. I didn’t see how this happened because I was sleeping, which confirms the late time, 3 am. Would I, as a mother, give the keys to my son, who is intoxicated, and thereby push him to commit illegal actions that could lead to his death.
I believe that the magistrate’s court’s conclusion about the presence of guilt in my actions (inaction) is not justified, is not based on the materials of the case, and the decision itself is illegal, which should be canceled. In accordance with Art. Art. 30.1-30.3 Code of Administrative Offenses of the Russian Federation,
