the Fact that I had to disassemble the judges, began on the Playground of the city of Kostroma – the lady driver parked his car.
the Violation provided by the regional Cao, was recorded by the automatic control system. Based on these data, the administrative Commission requested the traffic police data about the owner of the vehicle. And the woman was fined five thousand rubles. When she tried to challenge the punishment, the Kostroma regional court has doubts about the constitutionality of some norms of the current legislation.
the Court of General jurisdiction put in front of COP the following questions: how competent collection of evidence in the case of an administrative offence before the commencement of the case (the owner of the car installed before was the Protocol) and who has the right to impose such a regulation, if the violation is recorded by technical means.
As explained in the COP decision, the first question had already been settled in Federal legislation. From March 1, 2020, entered into force amendments to the administrative code, according to which “the case on administrative offence is considered initiated including the date of the determination for the recovery of the information” required for this.
as for the second question, here it is possible to further improve standards. In accordance with article 29.10 of the administrative code of the electronic rule on the case on administrative offence is fixed by technical means, must assure enhanced qualified electronic signature of the authorized officer.
However, the existing provisions of the administrative code of the Russian Federation admit that the resolution of cases on administrative offences in the field of landscaping can be considered to be the regional law to the jurisdiction of the regional administrative commissions.
– Otherwise would prevent legislative regulation of the subjects of the Russian Federation order of consideration of those cases and, as a consequence, come into conflict with the principle of responsibility – said the COP. Therefore, in the current legal regulation can be clarified as an indication of authority, “authorized to consider cases on administrative offences, as a subject of administrative jurisdiction is the appropriate category”. As suggested by the COP, it will provide “the consistency of these provisions with the norms of legislation on administrative offenses, defining the jurisdiction of cases on administrative offences”.
