Methodological recommendations on the procedure for initiating and considering protocols on administrative offenses and the formation of an evidence base when involving minors. Penalty for blinking high beams

1. Transfer of weapons -

entails imposition 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 Code of Administrative Offenses of the Russian Federation

1. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.

Legal entities have the right to transport weapons and ammunition belonging to them on the basis of permits from internal affairs bodies, issued in the manner established by the Ministry of Internal Affairs of the Russian Federation.

To transport weapons and ammunition, legal entities are required to:

— coordinate with the internal affairs bodies at the place of registration of weapons and ammunition the route and type of transport;

— equip vehicles in accordance with the requirements for the transportation of dangerous goods;

- ensure that consignments of firearms in an amount of more than 5 units or cartridges in an amount of more than 400 pieces are escorted along the route by guards of at least 2 armed people firearms. Without escort by security guards armed with firearms, it is allowed to transport sports firearms and (or) ammunition for them by athletes, coaches and other employees of sports organizations and educational institutions engaged in sports or physical education, recreational and sports-pedagogical work that involve the use of sports firearms, and appointed responsible for transporting such weapons and (or) cartridges;

- transport weapons and ammunition in original packaging or in special containers that must be sealed or sealed.

During transportation, weapons must be unloaded and separate from cartridges.

When transporting consignments of weapons or ammunition, vehicles must be technically sound, and the possibility of visual inspection of the cargo and free access to it by unauthorized persons is excluded.

In cases of transportation of weapons and ammunition in a convoy of more than 2 vehicles, their protection is provided by an escort group of at least 3 people, armed with firearms, traveling in a specially designated vehicle.

If signs of opening of a vehicle transporting weapons and ammunition, damage to containers, violation of seals or seals are detected, the senior armed guard is obliged to immediately report this to the internal affairs bodies, draw up a report, accept necessary measures to establish the causes of the incident and ensure security of the scene.

Transportation of weapons and ammunition within the territory Russian Federation is carried out on a contractual basis by legal entities whose charters provide for the provision of services for the transportation of weapons and ammunition (hereinafter referred to as carriers), on the basis of transportation permits issued by internal affairs bodies in the manner determined by the Ministry of Internal Affairs of the Russian Federation.

The procedure for sending and transporting weapons and ammunition for them is regulated by Decree of the Government of the Russian Federation dated July 21, 1998 N 814 “On measures to regulate the circulation of civil and service weapon and cartridges for it on the territory of the Russian Federation", Order of the Federal Military Service of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation dated November 30, 1999 N 120/971 "On approval of the Instructions on the procedure for transportation by aircraft civil aviation weapons, ammunition and cartridges for it, special equipment handed over by passengers for temporary storage during the flight.”

The objective side of the offense is characterized by the action associated with the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.

2. The subject of this offense is an individual who has reached the age of 18, as well as a legal entity.

From the subjective side, the commission of this offense is characterized by an intentional form of guilt.

Transfer of weapons, violation of the rules of transportation, transportation or use of weapons and ammunition for them

Commentary on Article 20.12 of the Code of Administrative Offenses of the Russian Federation:

1. This article ensures that citizens and organizations comply with the ban on the transfer of weapons established by Art. 6 of the Federal Law of December 13, 1996 N 150-FZ “On Weapons” (as amended and supplemented), as well as implementation in accordance with Art. Art. 24 - 25 of this Federal Law and regulatory legal acts of the Government of the Russian Federation on the rules for the use, transportation, transportation of weapons and ammunition for them.

2. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.

3. The objective side of the offense is characterized by the action associated with the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.

For example, in accordance with clause 66 of the Rules for the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 (as amended and supplemented), it is prohibited to use technically faulty weapons and cartridges whose shelf life, storage or use has expired, except in cases of research work and testing or inspection technical condition weapons. The same Rules establish that for the transportation of weapons and ammunition, legal entities are required to ensure that consignments of firearms in an amount of more than 5 units or cartridges in an amount of more than 400 pieces are escorted along the route by guards of at least 2 people armed with firearms, in agreement with internal authorities cases at the place of registration of weapons and ammunition, route of movement and type of transport, transport weapons and ammunition in original packaging or in special containers, which must be sealed or sealed (clause 69). After concluding contracts for the transportation of weapons and ammunition, carriers are required to prepare receipts, expenses and accompanying documents in the manner established by the relevant federal executive authorities in agreement with the Ministry of Internal Affairs of Russia (clause 73).

4. The subject of this offense is an individual who has reached the age of 18 (Article 13 of the Federal Law “On Weapons”), as well as a legal entity.

5. From the subjective side, the guilt of a legal entity is recognized in accordance with Part 2 of Art. 2.1 of the Code, and a violation committed by an individual is characterized by an intentional form of guilt.

6. Cases of administrative offenses are considered by officials of internal affairs bodies (police) (Article 23.3). In addition, according to Parts 1 and 3 of this article, such cases are considered by judges in cases where officials of internal affairs bodies (police), if necessary, resolve the issue of appointment administrative punishment in the form of confiscation or forfeiture of weapons, they are transferred to a judge for consideration (Part 2 of Article 23.1).

Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (Part 1 of Article 28.3).

7. It is necessary to keep in mind that Federal law dated December 28, 2010 N 398-FZ, part 3 of the commented article made the following changes, which come into force on July 1, 2011: an alternative administrative penalty in relation to a fine is deprivation of the right to purchase and store or store and carry weapons, and the paid confiscation of weapons and ammunition, which relates to additional punishments, is excluded from the list of administrative sanctions (from July 1, 2011, Article 3.6 of the Code is repealed).

Because of this, taking into account the provisions of Art. 3.8 of the Code, from July 1, 2001, officials of internal affairs bodies (police) will refer cases of these offenses to judges if it is necessary to resolve the issue of imposing punishment in the form of deprivation of the right to acquire and store or store and carry weapons (Part 2 Article 23.1).

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. Therefore, an important condition for attracting administrative responsibility availability of permission to store and transport 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 are 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 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 legally possess weapons (see paragraph 7 of the commentary to Article 20.8), who have transferred weapons (if these actions do not fall under the provisions of the Criminal Code of the Russian Federation - see . clause 2 of the commentary to this article), foreign citizens who 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 norms). 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

According to the complaint about the post-renewal under Art. 20.12 part 2 of the Code of Administrative Offenses of the Russian Federation

In case No. 12-1038/11

Accepted Cherdaklinsky District Court (Ulyanovsk region)

1. Judge of Cherdaklinsky District Court Ulyanovsk region Ulanov A.V.,
2. with the participation of representative Ermolaev A.Yu. - Stolyarov S.Yu.
3. under secretary Mironova A.E.,
4. having considered in open court the complaint of Ermolaev A.Yu. on the Resolution of the head of the OOP of the Ministry of Internal Affairs of Russia “Cherdaklinsky” dated October 21, 2011 on the involvement of Ermolaev A.Yu. to administrative liability under the Code of Administrative Offenses of the Russian Federation

5. Installed:

6. By the resolution of the head of the OOP of the Ministry of Internal Affairs of Russia “Cherdaklinsky” dated October 21, 2011, Ermolaev A.Yu. was found guilty of committing an administrative offense under the Code of Administrative Offenses of the Russian Federation and was given an administrative penalty in the form of a fine in the amount of 1,000 rubles.
7. Disagreeing with the said Resolution, Ermolaev’s representative A.Yu. filed a complaint in court, in support of which he indicated that Ermolaev owns several types of weapons for which he has the appropriate permits. Rules for handling firearms and ammunition, including rules for transporting and handling firearms with rifled barrel, he is known because he has more than 10 years of experience as a hunter and is a member of two hunting societies. During the entire period of ownership rifled weapons no violations of Russian legislation on weapons, administrative violations related to the rules of storing weapons and hunting, they were not allowed.
8. On October 20, 2011, during an inspection by inspector X* A.S. weapons and ammunition belonging to him, the carbine was stored separately from the ammunition in two cases, while the carbine was in an unloaded state, cartridges for the specified weapon were stored in the original packaging separately from the carbine. This fact was reflected by him in his explanations to the protocol in the presence of numerous witnesses. Conclusion of violation by Ermolaev A.Yu. rules for the transportation of weapons and ammunition does not correspond to reality and is not confirmed by anything.
9. He considers the decision made against him in the case of an administrative offense to be cancelled, and asks that the proceedings in the case be terminated.
10. At the court hearing, Ermolaev’s representative A.Yu. - Stolyarov S.Yu. supported the arguments of the complaint, gave similar testimony set out in the application and asks to recognize protocol No.... dated October 20, 2011, issued by the inspector of the ULRR of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk region in relation to Ermolaev A.Yu. as illegal.
11. Resolution of the head of the PLO of the Ministry of Internal Affairs of Russia “Cherdaklinsky” dated October 21, 2011, by which Ermolaev A.Yu. was found guilty under the Code of Administrative Offenses of the Russian Federation and was sentenced to a fine of 1,000 rubles - cancel, the case was terminated.
12. At the court hearing, witness X* A.S. - ULRR inspector of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk region, explained that on October 20, 2011, he took part in the raid together with forestry workers. In the evening, they discovered a UAZ car moving across the field, which they stopped. A dead boar was found inside the car, after which they began to check the documents of those in the car. When he began to check Ermolaev’s weapon, he took the gun out of the case and, after reloading, pulled out the cartridge and put it in his pocket. Believes that the cartridge was live. He did not remove this cartridge. He drew up a protocol for the seizure of the cartridge, but then he threw it away and did not attach it to the case materials.
13. Subsequently, an operational investigation team was called in, which began to interview people in the UAZ and process the seizure of the guns. He did not take Ermolaev’s gun into his hands; the investigative task force was engaged in confiscating the gun. As a result of the measures taken, he drew up a protocol against Ermolaev and the witnesses signed it.
14. Witness M* S.Yu. He testified to the court that on October 20, 2011, he took part in a raid together with police officers as a public ranger. In the evening, they discovered a UAZ car moving across the field, which they stopped. A dead boar was found inside the car, after which police officers began checking documents and interviewing people in the UAZ. Arriving at the Cherdaklinsky District Department of Internal Affairs, at the request of the police officers, he signed a report stating that one of the hunters had a loaded weapon. He himself was not an eyewitness to the presence of a cartridge in Ermolaev’s gun.
15. Witness D* V.N. testified to the court that on October 20, 2011, he took part in the raid together with police officers as a forestry employee. They were divided into two groups. In the evening, the second group discovered a UAZ car moving across the field, which was stopped. After some time, they arrived at the place of detention. Police officers inspected the guns and interviewed the hunters. He himself was not an eyewitness to the discovery of cartridges in Ermolaev’s gun; he signed the report at the request of the police officers.
16. After listening to the testimony of the participants in the trial and examining the materials of the case, the court comes to the following conclusion.
17. According to the Code of Administrative Offenses of the Russian Federation, violation of the rules for transporting weapons and ammunition for them entails the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles.
18. From the contested decision in the case of an administrative offense it follows that the witnesses (attesting witnesses) in this offense are M* S.Yu. and D* V.P. who, as they explained in court, were not eyewitnesses to the finding of a cartridge in the gun belonging to Ermolaev, signed the report only at the request of the police officers.
19. In accordance with the Code of Administrative Offenses of the Russian Federation, it follows that:
20. 1. A person is subject to administrative liability only for those administrative offenses in respect of which his guilt has been established.
21. 2. A person against whom proceedings are being conducted for an administrative offense is considered innocent until his guilt is proven in the manner prescribed and established by a decision of the judge, body, or official who examined the case that has entered into legal force.
22. 3. A person brought to administrative responsibility is not required to prove his innocence, except for the cases provided for in the note to
23. 4. Irremovable doubts about the guilt of a person brought to administrative responsibility shall be interpreted in favor of this person.
24. According to the Code of Administrative Offenses of the Russian Federation, material evidence in a case of an administrative offense means the instruments or objects of an administrative offense, including the instruments or objects of an administrative offense that have retained its traces.
25. Physical evidence, if necessary, is photographed or recorded in another established way and attached to the case of an administrative offense. The presence of material evidence is recorded in the protocol on an administrative offense or in another protocol provided for by this Code.
26. According to the Code of Administrative Offenses of the Russian Federation, it follows: that 1. 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, examination of things located with individual, and inspection of the vehicle, is carried out by the persons specified in Articles 27.2, 27.3, 28.3 of this Code, in the presence of two witnesses.
27. 2. 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 during an inspection of property legal entity territories, premises and goods in his possession, Vehicle and other property, as well as relevant documents, is carried out by the persons specified in Article 28.3 of this Code, in the presence of two witnesses.
28. 4. If necessary, when seizing things and documents, photography, filming, video recording, and other established methods of recording material evidence are used.
29. 6. The protocol on the seizure of things 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 weapons, the type and quantity of ammunition.
30. However, when examining protocol No.... dated October 20, 2011, in the column “attached to the protocol,” the seizure protocol is indicated and subsequently crossed out. As explained by the ULRR inspector of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk region Kh* A.S., he drew up a protocol for the seizure of the cartridge, but he then threw it away and did not attach it to the case materials, which indicates improper collection and recording of evidence.
31. In addition, during the examination of the rejected material after the shooting of the wild boar, no evidence was established about the presence of a cartridge in Ermolaev’s gun, including when drawing up a protocol for examining the scene of the incident.
32. Thus, the protocol No.... dated October 20, 2011, available in the case materials, issued by the inspector of the ULRR of the Ministry of Internal Affairs of the Russian Federation for the Ulyanovsk Region regarding A.Yu. Ermolaev cannot be evidence of a violation of the rules for transporting weapons and ammunition.
33. In this regard, the court considers that Ermolaev A.Yu is guilty of committing an administrative offense under

Judicial practice under Art. 20.12 of the Code of Administrative Offenses of the Russian Federation appealing fines for sending weapons, violating the rules of transportation, transportation or use of weapons and ammunition for them

BABAYURT DISTRICT COURT OF THE REPUBLIC OF DAGESTAN

SOLUTION
September 26, 2017 village of Babayurt
Babayurtsky District Court of the Republic of Dagestan, composed of presiding judge Shaipov A.A., with secretary Ch., having considered in open court with the participation of a representative FULL NAME1-FULL NAME4, acting by power of attorney dated August 29, 2017, the case of an administrative offense under Part 2 of Art. . 20.12 of the Code of the Russian Federation on Administrative Offences,
according to the complaint FULL NAME1 against the resolution of the employee of the Russian Guard of the LRR branch for the city of Kizlyar, Sukhokumsk, Kizlyarsky, Tarumovsky, Nogaisky, Babayurtsky districts of the Office of the Russian Guard for the Republic of Dagestan dated March 5, 2017,

installed:

By a resolution of an employee of the Russian Guard of the LRR branch for the city of Kizlyar, Sukhokumsk, Kizlyar, Tarumovsky, Nogai, Babayurt districts of the Office of the Russian Guard for the Republic of Dagestan dated March 5, 2017, FULL NAME1 was found guilty of committing an administrative offense under Part 2 of Art. 20.12 of the Code of the Russian Federation on Administrative Offenses, expressed in the fact that, on February 26, 2017 at 23 o’clock. 00 minutes in the village. Babayurt of the Babayurt district of the Republic of Dagestan violated the rules for transporting weapons and ammunition for them and he was sentenced to an administrative fine in the amount of 1,500 rubles.
In the complaint, FULL NAME1 considers the decision made illegal and asks for the resolution FULL NAME6 dated March 5, 2017, by which he was held administratively liable in the form of a fine in the amount of 1,500 rubles, to cancel the case, to terminate the proceedings due to the expiration of the statute of limitations for bringing to administrative liability, indicating in the justification of the complaint , that on September 5, 2017, from the letter of the Ministry of Internal Affairs of Russia for the Babayurt district No. 3/172604418922 dated August 31, 2017, he became aware that resolution No. 592975 had been issued against him in a case of an administrative offense under Part 2 of Art. 20.12 of the Code of Administrative Offenses of the Russian Federation, issued on 03/05/2017 and imposing an administrative fine in the amount of 1,500 rubles. A copy of the said resolution was handed to him along with a letter from the Department of Internal Affairs of Russia for the Babayurt district No. 3/172604418922 on September 05, 2017. Resolution No. 592975 refers to the offense he committed, the punishment for which is provided for in Part 2 of Art. 20.12 of the Code of Administrative Offenses of the Russian Federation, committed on February 26, 2017 at 23:00, but on that day and at that time he did not see a single inspector of the licensing and permitting work of the Department of the Russian Guard and no material was compiled regarding him on that day. He did not receive any notice of the time and place of the consideration of the administrative offense case, no one notified him and he did not receive any letters or notices. In this case, the case of an administrative offense against him, in accordance with the resolution, was considered on March 05, 2017 by an employee of the Russian Guard of the LRR Branch for the cities of Kizlyar, Sukhokumsk, Kizlyarsky, Tarumovsky, Nogaisky, Babayurt districts of the Office of the Russian Guard for the Republic of Dagestan, FULL NAME6 on a day off - Sunday. He could not competently object and give explanations on the merits of the alleged offenses. Thereby, mandatory procedure bringing him to administrative responsibility is violated. During the proceedings on the case of an administrative offense, the procedural requirements established by the Code of Administrative Offenses of the Russian Federation were violated and this is the basis for the cancellation of the contested decision of the official (FULL NAME 6), since these violations are of a significant nature and did not allow a comprehensive, complete and objective consideration of the case. As it became known, the resolution in the case of an administrative offense was drawn up on March 5, 2017. Consequently, the statute of limitations for bringing to administrative liability, established by Part 1 of Article 4.5 of the Code of the Russian Federation on Administrative Offences, in this case expired on 05/05/2017. Under the above circumstances, the decision to bring him to administrative responsibility under Part 2 of Article 20.12 of the Code of Administrative Offenses of the Russian Federation and to impose an administrative penalty cannot be recognized as legal and justified and is subject to cancellation, and the proceedings in the case are terminated, due to the expiration of the statute of limitations for bringing to administrative responsibility.
At the court hearing, the representative FULL NAME4 supported the complaint in general according to the arguments and grounds set out in it and additionally explained that his principal FULL NAME1 did not transport and transport weapons, but carried weapons with him, having permission to carry and store them ROX N 12079120 valid for 22 March 2018, in accordance with paragraphs 62 and 63 of the Rules for the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation, approved by 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 ammunition to him on the territory of the Russian Federation." In accordance with clause 77 of these Rules, citizens of the Russian Federation transport weapons in quantities of no more than five units and cartridges of no more than 1000 pieces on the basis of permits for storage (storage and carrying, storage and use, for import into the Russian Federation) weapons or licenses for the acquisition , collecting or exhibiting weapons. Therefore, in the actions of his principal FULL NAME1 there is no fact of the event of an administrative offense for which administrative liability is provided in accordance with Part 2 of Art. 20 12 Code of Administrative Offenses of the Russian Federation. In addition, the protocol on the administrative offense did not indicate exact time, when an act was committed, it was added later, there are corrections in the dates. The resolution does not indicate the place where it was drawn up, its principal was not notified of the time and place of consideration of the case, and a copy of the resolution was not sent to him.
At the court hearing, FULL NAME5 testified that on February 27, 2017, in the evening, he went to the place of residence of FULL NAME1 to check the conditions of his storage of weapons. During the inspection, he established that FULL NAME1 the conditions for storing weapons were violated, namely, at the time of the inspection, the metal safe in which the weapon was supposed to be stored was located in the yard, without a door. In this regard, he invited FULL NAME1 to the office to draw up a protocol under Part 4 of Art. 20.8 Code of Administrative Offenses of the Russian Federation. After some time, FULL NAME1 drove up to him in his car and showed him a weapon from a purse. Since FULL NAME1 transported the weapon not in a holster, but in a purse, which did not exclude access to it by unauthorized persons, he drew up a protocol under Part 2 of Art. 20.12 Code of Administrative Offenses of the Russian Federation - violation of the rules for transporting weapons. He sent these protocols for consideration to the head of the LRR department for the cities of Kizlyar, Sukhokumsk, Kizlyarsky, Tarumovsky, Nogaisky, Babayurtsky districts of the Office of the Russian Guard for the Republic of Dagestan FULL NAME6
IN court hearing An employee of the Russian Guard of the LRR branch for the cities of Kizlyar, Sukhokumsk, Kizlyarsky, Tarumovsky, Nogaisky, Babayurtsky districts of the Office of the Russian Guard for the Republic of Dagestan FULL NAME6, having been duly notified of the time and place of the consideration of the case, did not appear.
Having familiarized itself with the arguments of the complaint, having listened to the explanations FULL NAME4, FULL NAME5 and having studied the case materials, the court considers that the decision in the case of an administrative offense is subject to cancellation and the proceedings in the case to be terminated.
From the protocol on an administrative offense drawn up in relation to FULL NAME7, it follows that on February 27, 2017 in the village. Babayurt, Babayurt district of the Republic of Dagestan, a violation of the rules of transportation of weapons was revealed, i.e. FULL NAME1 transported and carried a pistol MR -79 TM N 1333904409-13 with permission from ROX N 12079120 from 03/22/2013 to 03/22/2018 in a purse, that is, FULL NAME1 committed an offense under Part 2 of Art. 20.12 Code of Administrative Offenses of the Russian Federation.
From the resolution on an administrative offense drawn up on March 5, 2017 in relation to FULL NAME7, it follows that he was found guilty of committing an administrative offense under Part 2 of Art. 20.12 of the Code of the Russian Federation on Administrative Offenses, expressed in the fact that, on February 26, 2017 at 23 o’clock. 00 minutes in the village. Babayurt of the Babayurt district of the Republic of Dagestan violated the rules for transporting weapons and ammunition for them and he was sentenced to an administrative fine in the amount of 1,500 rubles.
From the ROH permit N, valid until March 22, 2018, it is clear that the owner of this permit, FULL NAME1, has the right to store and carry a pistol MR -<адрес>4409.
The objective side of the second part of Article 20.12 of the Code of Administrative Offenses of the Russian Federation 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.
Thus, the protocol and the resolution on the administrative offense do not indicate specific data on the basis of which, in accordance with a specific norm of the Rules for the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation, approved by 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 ammunition for them on the territory of the Russian Federation.” The official came to the conclusion that FULL NAME1 transports and transports weapons and that his actions constitute an administrative offense under Part 2 of Art. 20.12 Code of Administrative Offenses of the Russian Federation
Thus, the evidence available in the case does not allow us to reliably establish the presence of the incriminated act in the actions of FULL NAME1. There is no other evidence in the case that irrefutably indicates the fact of transportation and transportation of weapons. Thus, the totality of the evidence available in the case does not prove the guilt of FULL NAME1 in committing the offense imputed to him.
According to Part 4 of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.
According to the provisions of Part 1 of Art. 1.6 of the Code of Administrative Offenses of the Russian Federation, ensuring legality in the application of administrative coercive measures presupposes not only the presence legal grounds for the application of administrative punishment, but also compliance established by law the procedure for bringing a person to administrative responsibility.
In accordance with clause 6, part 1, art. 24.5 of the Code of Administrative Offenses of the Russian Federation, one of the circumstances excluding proceedings in a case of an administrative offense is the expiration of the provisions established by Art. 4.5 of the Code of Administrative Offenses of the Russian Federation, the limitation period for bringing to administrative responsibility. When checking compliance with the statute of limitations for bringing to administrative responsibility, it is necessary to take into account that the Code of Administrative Offenses of the Russian Federation does not provide for the possibility of interrupting this period.
The statute of limitations for bringing to administrative responsibility established by Part 1 of Art. 4.5 of the Code of Administrative Offenses of the Russian Federation for committing an administrative offense under Part 2 of Art. 20.12 Code of Administrative Offenses of the Russian Federation, is two months.
As can be seen from the case materials, the circumstances that served as the basis for initiating an administrative violation case against FULL NAME1 took place on February 27, 2017, therefore, the statute of limitations for bringing administrative liability established by Part 1 of Art. 4.5 of the Administrative Offenses Code of the Russian Federation, in this case expired on April 27, 2017.
According to the provisions of Part 1 of Art. 4.5 and clause 6, part 1, art. 24.5 of the Code of Administrative Offenses of the Russian Federation, proceedings in a case of an administrative offense cannot be started, and the started proceedings are subject to termination if the established deadlines statute of limitations for bringing to administrative responsibility.
Based on clause 3, part 1, art. 30.7 of the Code of Administrative Offenses of the Russian Federation, based on the results of consideration of a complaint against a decision in a case of an administrative offense, a decision is made to cancel the decision and terminate the proceedings in the case if at least one of the circumstances provided for in Articles 2.9, 24.5 of this Code is present, as well as if the circumstances on the basis of which are not proven a ruling was made.
In accordance with the provisions of Art. Art. 1.5, 2.1, 24.1 of the Code of Administrative Offenses of the Russian Federation, within the framework of administrative proceedings, the question of a person’s guilt in committing an administrative offense, responsibility for which is established by the norms of the Code of the Russian Federation on Administrative Offenses or the law of a constituent entity of the Russian Federation, is subject to clarification.
The resolution in the case of an administrative offense in relation to FULL NAME1 did not enter into legal force.
At the time of consideration of this case, the statute of limitations for bringing to administrative responsibility established by Art. 4.5 of the Code of Administrative Offenses of the Russian Federation has expired, the possibility of discussing questions about the guilt of a person in violating the legislation on the circulation of weapons, after the expiration of the statute of limitations for bringing to justice, is not provided for by the provisions of the Code of Administrative Offenses of the Russian Federation.
Thus, the expiration of the statute of limitations for bringing to administrative liability during the consideration of a complaint against an official’s decision is a circumstance that excludes the possibility of considering the case by a judge.
In connection with the above, the arguments of the complaint that the official’s decision was made with an incorrect definition of the circumstances relevant to the case and an improper assessment of the evidence are subject to rejection as unfounded.
Based on the above, guided by Articles 30.2 - 30.8 of the Code of the Russian Federation on Administrative Offenses,

The complaint, FULL NAME1, will be satisfied.
The resolution of the employee of the Russian Guard of the LRR branch for the city of Kizlyar, Sukhokumsk, Kizlyarsky, Tarumovsky, Nogaisky, Babayurt districts of the Office of the Russian Guard for the Republic of Dagestan dated March 5, 2017, by which FULL NAME2 was brought to administrative liability in the form of a fine in the amount of 1,500 rubles, to cancel, to terminate the proceedings in the case due to the expiration of the statute of limitations for bringing to administrative responsibility,
The decision comes into force from the date of its adoption.