RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 19, 2013 No. 40

About introduction of amendments to the resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 "About some questions arising at courts in case of application of the Russian Federation Code of Administrative Offences"

Due to the change of the current legislation, and also the arising questions in case of application by judges of the Section I "General provisions" of the Russian Federation Code of Administrative Offences the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 9 and 14 of the Federal constitutional Law "About Courts of Law in the Russian Federation", decides:

Bring in the resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 "About some questions arising at courts in case of application of the Russian Federation Code of Administrative Offences" the following changes:

1. In Item 3:

a) to state paragraph two of the subitem "an" of Item 3 in the following edition:

"The issue of conducting administrative investigation is resolved in case of initiation of proceedings of administrative offense by persons specified regarding the 2nd article 28.7 Code of the Russian Federation on Administrative Offences. The officials listed regarding the 4th article 28.7 Code of the Russian Federation on Administrative Offences and also the prosecutor (Item 2 of article 1 of the Federal law "About Prosecutor's Office of the Russian Federation") have the right to make administrative investigation. At the same time it is necessary to consider that administrative investigation is allowed only in case of identification of administrative offenses in the industries of the legislation listed regarding 1 article 28.7 Code of the Russian Federation on Administrative Offences.";

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