Tip 1: How to avoid administrative arrest

Jurisprudence

Tip 1: How to avoid administrative arrest

Administrative arrest is, as a rule,detention for 15 days for violation of the Code of Administrative Offenses. Most often, drivers suffer from this article. After all, for violation of traffic rules in most cases, it is the administrative responsibility of the citizen. Of course, you can avoid the conclusion. And there are even several ways how this can be done.

You will need

-report on the state of health;
-code of administrative violations.

Instructions

If you have a child under the age of 14 oryou are a pregnant woman, then deprivation of liberty even for only 15 days to you is not applicable. After all, you need someone to take care of your child. And even more so for the maintenance of women in the situation our investigative isolators are simply not provided. Also, juveniles, disabled persons of groups 1 and 2, employees of certain state bodies (for example, the UFSIN or the State Fire Service) can avoid administrative arrest.

If you do not fall into any of thelisted categories of citizens, you can try to avoid arrest for health reasons. To do this, you need to go through a medical commission that will determine that it is simply physically impossible for you to stay for two weeks in the isolator of the investigative committee. These data should be provided to the judge who will deal with your case. As a rule, such a conclusion outweighs the rest of the arguments in favor of your conclusion. But be prepared for the fact that the court can appoint you your own independent medical examination.

To avoid getting caught in jail, try to studyCoAP for the purpose of determining which violations of the law lead to deprivation of liberty. In the case of drivers, there are only 5. This is a driving without rights after the driver has been deprived of them; if the driver is drunk or does not have rights at all; when leaving the place of an accident; and failure to pay a fine after the bailiffs' warning. Lawyers insist that even in these five points one can find a loophole. So for example, the arrest exactly "shines" on the first three points. In the rest they can simply deny rights or impose a big fine.

As an option, if you do not have emollientsarguments, you can try during the court session to say that you repent of your offense and commit to continue to always follow the administrative code. If you are persuasive and are in court for the first time, then you have a chance that the judge will decide in your favor.

Some drivers are trying to solve the problem withcancellation of arrest by means of monetary compensation. However, remember that this method is punishable already by the criminal code and is qualified as a bribe giving to the person at performance. Which, in turn, can keep you behind bars for a much longer period. And already in the colony.

Council 2: How to avoid a fine for violations

Ride a car and not pay fines - the dream of drivers. Although avoiding fine can be on completely legal grounds. To do this, you just need to know the rules and laws and defend your rights before the inspector or in court.

Instructions

Now, when on the roads more and more cameras are used for video surveillance and fixing offenses, to avoid legal fine complicated. If you are sent a photo, which clearly shows the number of the car and the car itself, most likely, you will have to pay. If on the photo the number is not clearly visible or the car of another brand and model, contact the traffic police department. In writing, write a statement, why you do not agree with the fine, and state the reasons. Your application should be submitted to the review team and ask for written notification of the decision.

As instilled, all controversial situations with the indicationvideo fixers are decided in court. You only need to sue if you are 100% sure of your innocence. For example, the violation was recorded while you were out in the city and the car was not being operated. Provide evidence that you really did not exist in the city, and transportation to another person was not transferred. To avoid such cases, do not sell the car by proxy, because notifications of finex come exactly to the owner of the car.

If you stopped the inspector and shows youclaims in violation of traffic rules, calmly ask to explain what exactly you have violated. For example, the inspector claims that you drove to the red light. So, he is obliged to show you a videotape, in which you really went to the intersection on the prohibiting traffic signal. If the red light comes on after you've passed the stop line, you can insist that you have completed the maneuver.

If you are stopped for speeding,The inspector should show the video camera record and your speed data. But if you are shown radar data (in some cities it is still used), you can insist that this speed is not yours. But only in the event that at this time, along with you on the road were other participants in the movement.

Always carry a table of fines and violations. Often drivers come across their own illiteracy. But there is a rightviolations, for which only a warning is provided or a purely symbolic fine, which can be paid. Therefore, when the inspector calls your violation and the amount fine, do not be shy right at him open the table of penalties, find the number violations and to voice the punishment that is provided for it.

Council 3: How to appeal against the decision to impose an administrative penalty

The law of the Russian Federation gives the right to appealdecree on the imposition of administrative punishment. For this it is necessary to apply to certain instances, providing the information necessary for the review of the case.

You will need

- a copy of the decision to impose an administrative penalty;
- a copy of the protocol on an administrative offense;
- a computer.

Instructions

When writing the text of a complaint, stick to it.generally accepted rules for writing similar documents. In the upper right corner, indicate the name of the authority to which you are submitting your complaint. Below please indicate your name in the column "Applicant". By the line below, write down your home address and place of work. Then indicate the name and number of the act complained of, the date of its issuance and the chosen penalty. Add the name and address of the state body, as well as the full name of the official who issued the decision.

Then, across the entire width of the sheet, write "Complaint on the decision on the case of an administrative offense."

Below, clearly and succinctly state the essence of events, withindicating the date and place of the incident, which entailed bringing you to administrative punishment. Explain, on the basis of what laws, penalties have been imposed on you.

Then state your version of events and, referring to laws that you think were violated by the verdict, ask the court to cancel the proceedings.

Complete your complaint with a request to satisfy it (referring to a specific law), and the case for number _ (specify number) from _ (specify date) is to be terminated.

To the complaint attach the following documents: a copy of the ruling on the case and a copy of the protocol on the administrative violation, as well as a second copy of the complaint.

File a complaint with a judge or officialauthority to which it was rendered. If the document is submitted not to the court but to the responsible person, it is obliged to forward it with the accompanying materials of the case to the appropriate authority, court or higher authority within 3 days starting from the day of receipt of the complaint.

If you want to appeal the decision, havein the form that the complaint can be filed no later than ten days after the date of delivery of the copy of the document. If you are sentenced to administrative punishment in the form of administrative arrest or administrative expulsion, the complaint must be sent to a higher court on the day it was received.

Council 4: What is the difference between civil law and administrative

Civil and administrative law isindependent branches of law. They come into contact with the state registration of property, rights, organizations. In the rest they radically differ from each other.

Regarding the subject of regulation

Civil law regulates property andpersonal non-property relations based on equality of the parties, inviolability of property and inadmissibility of interference in private life. Administrative law governs the actions of subjects in the social, social, economic and other areas of life. The norms of administrative law regulate public relations in the sphere of public administration.

By composition of participants

Civil law implements the principle ofnon-interference of the state in private life. Anyone can join civil legal relations. Even minor children can make small transactions of the contract of purchase and sale of retail goods.

In civil law relations, the state acts as the owner of property or the founder, endowed with the same rights and burdened by the same obligations as other participants.

In administrative-legal relations, one of theparticipants is always the state in the person of authorities of different levels, which control the implementation of normative acts by citizens and organizations.

A vivid example of the norms of administrative law can bename the Rules of the Road, which strictly regulate the rights and obligations of all road users, as well as a differentiated punishment system for violations.

By the method of regulation

Civil law uses the method of coordination anddispositive method of regulating social relations. Participants of civil legal relations before the law are equal, enjoy freedom of action and possess property independence, civil law rules offer them options for the legitimate exercise of their rights. Administrative law uses the imperative method and the method of subordination: the rules of administrative law prescribe a certain behavior of participants in legal relations and in case of violation of the established order, the state in the person of its bodies applies punishment in the form of fines, restrictions and deprivations of any rights and freedoms. Participants in administrative and legal relations are initially unequal, limited by prescriptions, which must be strictly observed.

As punishment for violations

In civil law there are also restrictionsand prohibitions, but they are aimed at protecting the rights and interests of other participants. In case of violation of the rights of other participants, the person who caused the harm is liable within the bounds of the harm caused and the lost profit. In contracts it is possible to apply fines and penalties as measures to enforce the contract. Guilty persons compensate for harm voluntarily or by court decision. Administrative law widely uses a system of administrative punishments, such as fines, restriction and deprivation of any rights and freedoms, up to administrative arrest. The right to impose punishment is enjoyed by courts and other authorized power structures.

Council 5: How to avoid deprivation of rights

Obtaining rights to drive is,certainly, a serious step, by making which, you turn from a pedestrian into a driver. From now on, you will start thinking and acting on the road differently. Now you are the one who nervously signals a pedestrian crossing the street in the wrong place. And from now on you have additional responsibilities as a driver of the vehicle. A violation of the established traffic rules threaten not only unpleasant fines, but also deprivation of a driver's license. That you are not deprived of a driver's license, you do not need to do the following:

Instructions

Manage a car without a state number, and also install false numbers on it and manage it with forged state numbers.

To operate a car on which:• light devices that do not meet the requirements for vehicle access are installed • devices for supplying special light and sound signals are installed and used without permission, • color schemes of vehicles of operational services are illegally printed.

Manage the car and transfer control to a person in a state of intoxication.

Exceed the set speed limit by more than 60 km / h.

Cross the railway crossing to the prohibition signal of a traffic light, stop and stand at the crossing and cross it in places not intended for it.

Go to the oncoming lane, moving towards the traffic flow.

Do not give way to cars with special colors and special lights.

Violate the rules of transportation of goods (dangerous, large, heavy).

Refuse medical examination for alcohol intoxication.

Leave the place of the perfect accident.

Violate traffic rules and rules for the operation of the car, which may entail causing light and moderate severity of harm to the health of injured persons.

If you did allow any of theof the above violations, it is necessary to remember three things: • a fine of 5000 rubles or administrative arrest for 15 days is imposed for driving a car without rights to the offender • a decision on the deprivation of a driver's license can be made only by the court • the limitation period for violations of traffic rules is 2 months .