LAW OF THE AZERBAIJAN REPUBLIC

of April 6, 2012 No. 322-IVQD

About introduction of amendments to the Code of the Azerbaijan Republic about administrative offenses

Being guided by Item 17 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie decides Majlis of the Azerbaijan Republic:

In the Code of the Azerbaijan Republic about administrative offenses (Collection of the legislation of the Azerbaijan Republic, 2000, No. 8, the I book, Article 584; 2001, No. 1, Article 24, No. 3, Article 139, No. 7, Article 455, No. 11, Articles 680, 698, No. 12, Article 731; 2002, No. 1, Article 9, No. 4, I book, Article 165, No. 5, Articles 234, 237, 239, No. 6, Article 326, No. 8, Article 463, No. 12, Article 692; 2003, No. 1, Articles 3, 13, 23, No. 4, Articles 177, 178, No. 5, Article 228, No. 6, Articles 257, 276, 279, No. 8, Articles 407, 425, No. 12, I book, Articles 676, 696, II book, Articles 713, 714; 2004, No. 1, Articles 6, 7, 10, 13, No. 4, Articles 200, 201, 204, No. 5, Articles 313, 314, 317, 321, No. 6, Article 397, No. 8, Articles 596, 597, No. 10, Articles 762, 779, No. 11, Article 900, No. 12, Article 973; 2005, No. 1, Articles 5, 6, No. 2, Article 61, No. 4, Articles 272, 273, 275, 278, No. 6, Articles 462, 466, No. 7, Article 576, No. 8, Articles 691, 692, No. 10, Articles 875, 877, 904, No. 11, Articles 993, 994, 995, No. 12, Articles 1083, 1085; 2006, No. 2, Articles 64, 68, No. 3, Articles 219, 220, 223, 225, No. 5, Article 385, No. 6, Article 478, No. 11, Articles 923, 924, 932, No. 12, Articles 1005, 1020, 1024; 2007, No. 1, Articles 3, 4, No. 2, Articles 65, 68, No. 5, Articles 397, 398, 401, 440, No. 6, Articles 560, 561, 562, 579, No. 8, Article 757, No. 10, Articles 935, 936, 938, 940, No. 11, Articles 1048, 1049, 1053, 1070, 1077, 1080, 1089, 1091, No. 12, Articles 1195, 1211, 1217, 1218, 1221; 2008, No. 2, Article 47, No. 3, Articles 146, 152, 159, No. 4, Article 249, No. 5, Article 340, No. 6, Articles 454, 460, 461, 464, No. 7, Articles 601, 602, 605, No. 8, Articles 699, 701, No. 10, Articles 884, 885, No. 11, Articles 956, 957, No. 12, Articles 1045, 1047, 1049; 2009, No. 2, Articles 36, 45, 49, 52, 53, No. 5, Articles 309, 315, No. 6, Articles 404, 405, No. 7, Articles 517, 518, 519, No. 8, Article 611, No. 11, Article 878, No. 12, Article 953, 954, 966, 971; 2010, No. 2, Articles 70, 71, No. 3, Articles 167, 171, 178, No. 4, Articles 275, 276, No. 5, Articles 379, 380, No. 6, Article 483, No. 7, Articles 577, 591, 594, 595, 598, 600, No. 10, Article 838, No. 11, Articles 936, 938, 949; No. 12, Article 1059; 2011, No. 2, Articles 70, 71, No. 3, Articles 162, 164, 167, 168, 170, No. 4, Articles 246, 254, No. 6, Articles 470, 479, 487, No. 7, Articles 596, 614, No. 10, Article 881, No. 11, Article 981; The Laws of the Azerbaijan Republic of November 15, 2011 No. 238-IVQD, 239IVQD, 244-IVQD, 248-IVQD, 251-IVQD, 13 of December, 2011 No. 268-IVQD, 30 of December, 2011 No. 285-IVQD, 14 of February, 2012 No. 300-IVQD) to make the following changes:

1. In Article 28.3 after the word "151.3" to add with the words "151.3-1, 151-1.2, 151-1.3,", shall be replaced with words the words "and 156" ", 156 and 158-1.3", to replace figure "10" with figure "12".

2. Under Article 151.1:

2.1. words "Exceeding of the movement speed established on the road at size from 10 - 30 km/h... road" to replace with the word "... road";

2.2. exclude words "stops or parking,", "uses of light devices, the sound alarm system, seat belts or crash helmets,", "the stop and the parking of other vehicles on the stopping platform of vehicles public or are closer than 15 meters from route signs 5.12, 5.13,";

2.3. shall be replaced with words the words "in the amount of fifteen to twenty manats" "in the amount of twenty manats".

3. Under Article 151.2:

3.1. words "Exceeding of the movement speed established on the road at size from 30 - 60 km/h... the traffic light" to replace with the word "... traffic light";

3.2. words "route signs..., 3.2 "Movement is forbidden" be shall be replaced with words "route sign"...;

3.3. shall be replaced with words the words "transition to lane of transport flows of opposite direction" "turn either turn, or obstacle bypass on the left";

3.4. shall be replaced with words the words "in the amount of twenty to forty manats" "in the amount of forty manats".

4. Under Article 151.3:

4.1. words "Exceeding of the movement speed established on the road more than on 60 km/h... railway" to replace with the word "... railway";

4.2. exclude words "general use vehicle stop for the purpose of landing or disembarkation of passengers out of the stopping platforms or places for stop designated by signs 5.12, 5 which are specially established for this purpose. 13,";

4.3. shall be replaced with words the words "in the amount of forty to sixty manats" "in the amount of sixty manats".

5. Add with Article 151.3-1 of the following content:

"151.3-1. Movement against the direction of the movement established on roads with one-way traffic, and also movement in the direction opposite to transport flow with full translation of the vehicle on lane of transport flow of opposite direction with violation of horizontal lines of designation 1.1, 1.3 and 1.11-attracts imposing of penalty in the amount of hundred manats.".

6. In Article 151.4 after the words "151.3," to add with the words "151.3-1, 151-1.2, 151-1.3", shall be replaced with words the words "and 156" ", 156, 158-1.2 and 158-1.3", to replace figure "10" with figure "12".

7. In Article 151.5 of the word "151.1-151.3" shall be replaced with words "151.1-151.3-1 and 151-1", shall be replaced with words the words "in the amount of hundred to hundred forty manats" "in the amount of two hundred manats".

8. In Item of 1 part to add "Note" of Article 151 after words "of this Code" with the words "offenses, stipulated in Article 151-1.2-in 2 points", words "Article 151.2" shall be replaced with words "Articles 151.2 and 151-1.3", the word

"155.3" shall be replaced with words "151.3-1, 155.3 and 158-1.3", the words "5 points" shall be replaced with words "6 points".

9. Add with Articles 151-1 and 151-2 of the following content:

"Article 151-1. Exceeding of limit of the movement speed established on the road

151-1.1. Exceeding of the movement speed established on the road within 1030 km/h

- attracts imposing of penalty in the amount of twenty manats.

151-1.2. Exceeding of the movement speed established on the road within 3060 km/h

- attracts imposing of penalty in the amount of hundred manats.

151-1.3. Exceeding of the movement speed established on the road more than on 60 km/h

- attracts imposing of penalty in the amount of hundred fifty manats.

Article 151-2. Abuse of regulations of use of seat belts, crash helmets, light devices and sound signals

151-2.1. Control of the motorcycle without crash helmet or with not clasped crash helmet, or transportation on the motorcycle of passengers without crash helmet or with not clasped crash helmet

- attracts imposing of penalty in the amount of twenty manats.

151-2.2. Abuse of regulations of use of light devices and sound signals

- attracts imposing of penalty in the amount of thirty manats.

151-2.3. Vehicle control without the fastened seat belt

- attracts imposing of penalty in the amount of forty manats.".

10. In Article 152.2 of the word of "sixty manats" shall be replaced with words "hundred manats".

11. In Article 152.3 of the word "the offenses provided by Articles 152.1 or

152.2 "shall be replaced with words" offense, stipulated in Article 152.2", shall be replaced with words the words "in the amount of eighty to hundred manats" "in the amount of two hundred manats".

12. In Article 152.4 of the word "the offenses provided by Articles 152.1 or

152.2 "shall be replaced with words" offense, stipulated in Article 152.2", shall be replaced with words the words "in the amount of hundred forty to hundred eighty manats" "in the amount of four hundred manats".

13. Under Article 152-1:

13.1. in Article 152-1.1 of the word "in the amount of eighty to hundred manats" shall be replaced with words "in the amount of hundred fifty manats";

13.2. in Article 152-1.2 of the word "in the amount of hundred twenty to hundred fifty manats" shall be replaced with words "in the amount of two hundred manats";

13.3. in article 152-1.3 to replace figure "10" with figure "12";

13.4. in Article 152-1.4 of the word "in the amount of hundred seventy to two hundred manats" shall be replaced with words "in the amount of three hundred manats".

14. Under Article 152-2:

14.1. in Article 152-2.1 of the word "in the amount of hundred fifty to two hundred manats" shall be replaced with words "in the amount of two hundred fifty manats";

14.2. in Article 152-2.2 of the word "in the amount of two hundred to three hundred manats" shall be replaced with words "in the amount of three hundred fifty manats";

14.3. in Article 152-2.3 of the word "in the amount of three hundred to four hundred manats" shall be replaced with words "in the amount of four hundred fifty manats".

15. Under Article 152-3:

15.1. in Article 152-3.1 of the word "in the amount of forty to sixty manats" shall be replaced with words "in the amount of sixty manats", shall be replaced with words the words "in the amount of hundred fifty to two hundred manats" "in the amount of two hundred manats", shall be replaced with words the words "in the amount of one thousand five hundred to two thousand manats" "in the amount of two thousand manats";

15.2. in Article 152-3.2 of the word "in the amount of eighty to hundred manats" shall be replaced with words "in the amount of hundred manats", shall be replaced with words the words "in the amount of two hundred fifty to three hundred manats" "in the amount of three hundred manats", shall be replaced with words the words "in the amount of two thousand five hundred to three thousand manats" "in the amount of three thousand manats";

15.3. in Article 152-3.3 of the word "in the amount of hundred forty to hundred eighty manats" shall be replaced with words "in the amount of hundred eighty manats", shall be replaced with words the words "in the amount of four hundred to five hundred manats" "in the amount of five hundred manats", shall be replaced with words the words "at the rate from four thousand to five thousand manats" "in the amount of five thousand manats".

16. Under Article 152-4:

16.1. in Article 152-4.1 of the word "in the amount of eighty to hundred manats" shall be replaced with words "in the amount of hundred manats", shall be replaced with words the words "in the amount of two hundred fifty to three hundred manats" "in the amount of three hundred manats", shall be replaced with words the words "in the amount of two thousand five hundred to three thousand manats" "in the amount of three thousand manats";

16.2. in Article 152-4.2 of the word "in the amount of hundred fifty to two hundred manats" shall be replaced with words "in the amount of two hundred manats", shall be replaced with words the words "in the amount of three hundred fifty to four hundred manats" "in the amount of four hundred manats", shall be replaced with words the words "at the rate from three thousand to four thousand manats" "in the amount of four thousand manats";

16.3. in Article 152-4.3 of the word "in the amount of two hundred to three hundred manats" shall be replaced with words "in the amount of three hundred manats", shall be replaced with words the words "in the amount of five hundred to six hundred manats" "in the amount of six hundred manats", shall be replaced with words the words "at the rate from five thousand to six thousand manats" "in the amount of six thousand manats".

17. Under Article 152-5:

17.1. in Article 152-5.1 of the word "in the amount of hundred fifty to two hundred manats" shall be replaced with words "in the amount of two hundred manats", shall be replaced with words the words "in the amount of three hundred fifty to four hundred manats" "in the amount of four hundred manats", shall be replaced with words the words "in the amount of three thousand five hundred to four thousand manats" "in the amount of four thousand manats";

17.2. in Article 152-5.2 of the word "in the amount of two hundred to three hundred manats" shall be replaced with words "in the amount of three hundred manats", shall be replaced with words the words "in the amount of five hundred to six hundred manats" "in the amount of six hundred manats", shall be replaced with words the words "at the rate from five thousand to six thousand manats" "in the amount of six thousand manats";

17.3. in Article 152-5.3 of the word "in the amount of three hundred to four hundred manats" shall be replaced with words "in the amount of four hundred manats", shall be replaced with words the words "in the amount of seven hundred to eight hundred manats" "in the amount of eight hundred manats", shall be replaced with words the words "at the rate from seven thousand to eight thousand manats" "in the amount of eight thousand manats".

18. Under Article 153:

18.1. in Article 153.2 of the word "in the amount of six to ten manats" shall be replaced with words "in the amount of ten manats";

18.2. in Article 153.3 of the word "in the amount of twenty to forty manats" shall be replaced with words "in the amount of forty manats";

18.3. in Article 153.4 of the word "in the amount of twenty to forty manats" shall be replaced with words "in the amount of forty manats";

18.4. in Article 153.5 of the word "in the amount of fifty manats to seventy manats" shall be replaced with words "in the amount of seventy manats".

19. Under Article 154:

19.1. in Article 154.1 of the word "Neprovedeniye... state registration and technical inspection... means" shall be replaced with words "Management... means without carrying out state registration or technical inspection" shall be replaced with words the words "in the amount of forty to seventy manats" "in the amount of seventy manats";

19.2. in Article 154.4 of the word "in the amount of thirty to forty manats" shall be replaced with words "in the amount of forty manats";

19.3. add Article with part "Note" of the following content:

"Note:

If person is brought to the administrative responsibility for vehicle control without carrying out state registration or technical inspection, stipulated in Article 154.1 of this Code, then it shall perform state registration or technical inspection of the vehicle within 10 days. During this term person is not brought repeatedly to the administrative responsibility for making of this act.".

20. Under Article 155:

20.1. in Article 155.1 of the word "in the amount of ten to twenty manats" shall be replaced with words "in the amount of twenty manats";

20.2. in Article 155.2.3 of the word "or" to replace with the word", or", in the sanction of Article 155.2 of the word "in the amount of twenty to thirty manats" shall be replaced with words "in the amount of thirty manats";

20.3. in Article 155.3 of the word "in the amount of forty to sixty manats" shall be replaced with words "in the amount of sixty manats";

20.4. in Article 155.4 of the word "in the amount of forty to sixty manats" shall be replaced with words "in the amount of sixty manats";

20.5. in Article 155.7 after the word "also" to add with words "the coverings or devices complicating recognition of the state registration sign of the vehicle," the words "from forty to sixty manats" shall be replaced with words "from eighty to hundred manats".

21. In Article 156 to replace the word of "seventy" with the word of "hundred fifty".

22. In Article 156-1 of the word "in the amount of ten to thirty manats" shall be replaced with words "in the amount of thirty manats".

23. Under Article 158:

23.1. exclude Article 158.1;

23.2. in Article 158.2 of the word "in the amount of forty to sixty manats" shall be replaced with words "in the amount of sixty manats", shall be replaced with words the words "in the amount of hundred to hundred fifty manats" "in the amount of hundred fifty manats";

23.3. in Article 158.3 of the word "in the amount of hundred to hundred twenty manats" shall be replaced with words "in the amount of hundred twenty manats".

24. Add with Article 158-1 of the following content:

"Article 158-1. Abuse of regulations of stop, parking and parking

158-1.1. Abuse of regulations of stop, parking or parking

- attracts imposing of penalty in the amount of twenty manats.

158-1.2. The stop or the parking of other vehicles on the stopping platform of vehicles public or is closer than 15 meters from route signs 5.12, 5.13

- attracts imposing of penalty in the amount of forty manats.

158-1.3. General use vehicle stop for the purpose of landing or disembarkation of passengers out of the stopping platforms or places, specially allotted for this purpose, for stop designated by signs 5.12, 5.13

- attracts imposing of penalty in the amount of sixty manats.

25. In Article 159 of the word "in the amount of seventy to hundred manats" shall be replaced with words "in the amount of seventy manats", shall be replaced with words the words "in the amount of three hundred to five hundred manats" "in the amount of five hundred manats", shall be replaced with words the words "at the rate from three thousand to five thousand manats" "in the amount of five thousand manats".

26. In Article 159-1:

26.1. shall be replaced with words the words "for the term of six months" "for a period of six months up to one year";

26.2. add with part "Note" of the following content:

"Note:

Person who made administrative offense, stipulated in Article

159-1 of this Code, it is exempted from the administrative responsibility if pays the corresponding penalty, penalty, payment for vehicle delivery on the parking and its storage there, before adjudication on the case of administrative offense.".

27. Add with Article 314-1 of the following content:

"Article 314-1. Refusal of adoption of the document on cases on administrative offenses or its not delivery

314-1.1. Refusal of local government body, relevant organ of the executive authority at the place of residence of person concerning which proceeedings about administrative offense, or officials of management in the place of its work from adoption of the notice or other documents on cases on administrative offenses for delivery to the addressee in the cases established by this Code are conducted

- attracts imposing of penalty in the amount of twenty to thirty manats.".

314-1.2. Not delivery to the addressee on negligence of the notice or other documents on cases on administrative offenses in the cases established by this Code by local government body, relevant organ of the executive authority on the residence of person concerning which proceeedings about administrative offense, or the official of management in the place of its work, or other persons, it is entrusted to them to deliver the document are conducted

- attracts imposing of penalty in the amount of thirty to forty manats.".

28. Add with Articles 370-1 - 370-4 following of content:

"Article 370-1. Official delivery of documents on cases on administrative offenses

370-1.1. Documents on cases on administrative offenses (decisions, determinations, protocols, notices) in the cases established by this Law go to participants of production on cases on administrative offenses by the judge or authority (official) by means of the registered mail provided by the Law of the Azerbaijan Republic "About mail" or are handed by personally authorized official. The registered mail - the mailing when which sending the receipt on acceptance is issued to the user and on delivery from the addressee is required signing of the relevant document. The judge can charge delivery of the document to the judicial worker, and authority - to the employee of authority.

370-1.2. The document is handed personally to the addressee by bodies of mail, authority (official), or persons, it is entrusted to them to deliver the document, with signing subject to return to the judge who directed the document or authority (official) of the receipt which form is approved in the appropriate order, or document root. The document addressed to the legal entity is handed to the corresponding official with signing of the receipt or root of the document.

370-1.3. If person who shall deliver the document cannot find the addressee in the place of his residence or work, this document is handed to one of full age members of his family (from its consent) jointly living with the addressee, and in case of their absence - to the local government body relevant to organ of the executive authority at the place of residence of the addressee, or management in the place of its work. Person who accepted the document instead of the addressee shall specify receipts or document root the surname, name, middle name, the attitude towards the addressee or post, and as soon as possible to hand the document to the addressee.

370-1.4. Body of mail which shall deliver the document, or person, it is entrusted to them to deliver the document shall perform this work no later than one day from the moment of receipt of the document and within one day to report to the corresponding judge or authority (official) about delivery of the document.

370-1.5. The document on the case of administrative offense is considered officially handed:

370-1.5.1. in cases, stipulated in Article 370-1.2 of this Code - from the moment of delivery personally to the addressee;

370-1.5.2. in cases, stipulated in Article 370-1.3 of this Code:

370-1.5.2.1. from the moment of delivery personally to one of the full age family members living together with the addressee;

370-1.5.2.2. from the moment of the message to the corresponding judge or authority (official) about document delivery other persons, it was entrusted to them to deliver the document;

370-1.5.3. in case, stipulated in Article 407.3-1 of this Code - from the moment of delivery to the user of the vehicle.

Article 370-2. Contents of the receipt

370-2.0. In the receipt, stipulated in Article 370-1.2 of this Code, are specified:

370-2.0.1. the name and the address of the body which directed the document on the case of administrative offense;

370-2.0.2. surname, name, middle name of person or the name and street address of the legal entity to whom the document intends;

370-2.0.3. the name of the handed document;

370-2.0.4. time (date and hour) and place of delivery;

370-2.0.5. the reason not of delivery of the document (absence to the specified address, the wrong address and so forth);

370-2.0.6. person who is handed the document;

370-2.0.7. the signature of person, or representative of body of communication, it is entrusted to them to deliver the document.

Article 370-3. Refusal of adoption of the document on the case of administrative offense

370-3.1. If person to whom the document on cases on administrative offenses is addressed or full age members of his family who jointly live with it refuse to accept the document without legal cause, the document shall be left to the delivery address. In this case the document is considered officially handed.

370-3.2. If the addressee or jointly the full age members of his family living with him refuse to accept the notice then handing his face makes the corresponding records in the notice and returns this notice to the judge who directed it or authority (official). In this case the notice is considered officially handed.

370-3.3. Record about refusal of the addressee to accept the notice makes sure local government body in the place of his residence, relevant organ of the executive authority or management in the place of its work.

370-3.4. The failure of face to which the notice is addressed of adoption of this notice does not interfere with consideration of the case or accomplishment of separate legal proceedings.

Article 370-4. Notices

370-4.1. By means of the notice the judge or authority (official) report participants of production on cases on administrative offenses on the place and time of consideration of the case, and also on separate legal proceedings, invite them to be involved in consideration of the case or accomplishment of other legal proceedings.

370-4.2. In the notice are specified:

370-4.2.1. name of court or authority (official), address and contact information (phone, fax, e-mail address and so forth);

370-4.2.2. time (date and hour) and place of appearance;

370-4.2.3. the surname, name, middle name of persons or the name of the legal person who is notified or is subpoenaed, authority;

370-4.2.4. the address of person or street address of the legal person who is notified or is subpoenaed, authority;

370-4.2.5. as whom the addressee is notified or called;

370-4.2.6. the name of case according to which it is notified or is caused the addressee;

370-4.2.7. the offer to persons participating in case to produce all evidence which is available for them on case;

370-4.2.8. record about obligation of person which accepted the notice in the absence of the addressee to bring him to the addressee in case of the first opportunity;

370-4.2.9. record that the law provides responsibility for refusal of adoption of the notice or not delivery to his addressee;

370-4.2.10. record about effects of absence of the notified or subpoenaed person or authority and about obligation to provide information on the absence reasons.

370-4.3. To give to persons participating in case opportunities to be prepared for the protection and to be timely, the notice is handed to them no later than 10 days prior to the corresponding legal proceedings.

370-4.4. After the direction of the notice according to the procedure, stipulated in Article 370-1 of this Code, participants of production on cases on administrative offenses, having provided transfer of contents of the notice, can also provide the additional information to person on the Internet, phone or other means of communication.".

29. Add with Article 407.3-1 of the following content:

"407.3-1. If it is impossible to deliver documents on cases on administrative offenses against traffic regulations to the addressee in connection with its absence at the place of residence or works or absence of the full age members of his family living together with it within 10 days according to the procedure, the stipulated in Article 370-1 this Law, the relevant organ of the executive authority passes the decision on detention of the vehicle for the purpose of delivery of the copy of these documents. In this case the vehicle is released at once after delivery to the user of the detained vehicle of the copy of these documents and carrying out the corresponding records.".

30. In Article 410.1.7-1 of the word of "means of engineering supervision" shall be replaced with words

"special technical means", after the word "indicators" to add with words ", and also data on type, brand, model, the location of the used special technical tool, time of the last comparative state check of the device of measurement (number, date of its supporting document) and time of conducting its next check".

31. Add with Article 410-1 of the following content:

"Article 410-1. Creation of the protocol on administrative offense without participation of person who made administrative offense

410-1.1. If the offenses provided by Articles 151. 2, 151.3-1, 151-1.2, 151

1.3 and 158-1.3 of this Code, are revealed by means of the special technical means having the functions of photo or video registration working in the automatic mode, the protocol on administrative offense is constituted in electronic form in day of making of offense without participation of person who made this offense and makes sure the digital signature according to the procedure, established by the Law of the Azerbaijan Republic "About the digital signature and the electronic document".

410-1.2. In case, stipulated in Article 410-1.1 of this Code, the protocol on administrative offense is constituted concerning the user of the vehicle (person registered when carrying out the last state re-registration of the vehicle based on the lease agreement or the power of attorney in connection with rights to use or orders by the vehicle, and in case of lack of such information - the owner of the vehicle) according to data of Central Information System of relevant organ of the executive authority. If the offense made by the vehicle belonging to the legal entity and rendering services in transportation of passengers or loads is revealed by means of the special technical means having the functions of photo or video registration working in the automatic mode, then data on person managing the vehicle at the time of offense making are provided based on request by relevant organ of the executive authority.

410-1.3. Photo and video content which confirms making of administrative offense and by what driver of the vehicle it is made are also applied to the protocol on administrative offense in which data, stipulated in Article 410.1 of this Code are noted.

410-1.4. The copy of the protocol on administrative offense, stipulated in Article 410-1.1 of this Code, on paper and the materials attached to it are handed to the user of the vehicle within 2 days from the moment of making of offense in official procedure, stipulated in Article 370-1 of this Code. Person is notified by the cover letter to which the protocol encloses about the place and time of consideration of the case about administrative offense, and also about Articles 410-1.6 and 410-1.7 of this Code.

410-1.5. The protocol on administrative offense is constituted without participation of person who made administrative offense and in case person who made the administrative offense provided by Articles 158-1.1 or 158-1.2 of this Code is not in the vehicle, and the vehicle delivery on the supervised parking is impossible. In this case the protocol on administrative offense is constituted concerning the user of the vehicle established on the basis of data of information system of relevant organ of the executive authority with carrying out photo or video filming. One copy of this protocol with appendix of photo or video records which confirm approach of administrative offense and by what driver of the vehicle it is made, is put on vehicle windshield, and other copy is handed to person concerning whom the protocol on administrative offense, within two days is constituted from the moment of making of offense in official procedure, stipulated in Article 370-1 of this Code.

410-1.6. Person concerning whom the protocol on the administrative offense according to the procedure provided by Articles 410-1.1 or 410-1.5 of this Code within 10 days from the moment of official delivery is constituted to it this protocol or receipt of the protocol according to the procedure, stipulated in Article 410-1.5 of this Code, can address to relevant organ of the executive authority with the petition for finding of the vehicle in ownership or use of other person at the time of making of administrative offense, or about loss of ownership over it as a result of illegal actions of other persons. The petition can be provided personally or directed by means of mail, or the Internet. In case of confirmation of data in the petition, proceeedings of person concerning which without its participation the protocol on administrative offense is constituted stop and adequate measures for administrative prosecution of person who made administrative offense are taken. Petitioning can state the assumption of the one who managed the vehicle at the time of making of administrative offense in the petition.

410-1.7. If within 10 days from the moment of official delivery of the protocol constituted without participation of person who made administrative offense, the petition, stipulated in Article 410-1.6 of this Code it is not given, or person concerning whom proceeedings about administrative offense are conducted will not be for participation on consideration of the case, the authority (official) makes the decision on application of administrative punishment without participation of person who made administrative offense.

410-1.8. It is forbidden to stop the vehicle and to require immediate consideration on site the administrative offenses made by the driver earlier and revealed by means of the special technical means having functions of the photo or video filming working in the automatic mode.

410-1.9. If person who made administrative offense, stipulated in Article 159-1 of this Code is called by authority (official) for creation of the protocol on this administrative offense according to the procedure provided by Articles 370-1-370-4 of this Code and intentionally evades from appearance, the protocol on administrative offense is constituted without participation of person who made administrative offense and together with the relevant documents goes for consideration to the relevant court.".

32. In Article 432.1 of the word", from the date of delivery or obtaining" shall be replaced with words "from the moment of delivery in official procedure, stipulated in Article 370-1 of this Code".

33. In Article 447.1 "administrative" shall be replaced with words the word "Except for administrative punishment, stipulated in Article 23.1.2 of this Code... another administrative".

34. Add with Article 456.4 of the following content:

"456.4. If concerning person with the limited right to control of vehicles the decision on restriction of the right to control of vehicles according to Article 159-1 of this Code is passed, then the term of restriction of the right to control of vehicles according to the last decision is counted from the last day of term of restriction of the right to control of vehicles appointed according to the previous decision."

 

 

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