TERMS OF DRAWING UP A PROTOCOL ON AN ADMINISTRATIVE OFFENSES: CONCEPT, TYPES AND PROBLEMS OF CALCULATION

The article, based on the general concept of time limits in proceedings on administrative offences, analyses the problems of legal regulation of time limits for drawing up a report on an administrative offence. The author notes the absence of legislative regulation of such concepts as “legal time”, “legal term”, “procedural term”. It is noted that many terms of proceedings in cases of administrative offenses do not have a specific calculation. According to the author, this causes significant difficulties in the professional activity of a law enforcement officer, violates the legitimate rights and interests of individual participants in administrative proceedings. Based on the analysis of the points of view of legal scholars, as well as the provisions of the administrative legislation of the Russian Federation, the author proposes measures to improve the legal regulation of procedural deadlines in proceedings on administrative offenses. It is argued that it is necessary to establish at the legislative level the possibility of conducting an administrative investigation into any offenses provided for in the special part of the Code of Administrative Offenses of the Russian Federation. According to the author, it is advisable to exclude from the Code of the Russian Federation on Administrative Offenses such evaluative concepts as “immediately”, “as soon as possible” and the like. The author believes that it is necessary to set deadlines, calculated in hours, days, days and months, indicating the beginning and completion of the procedural action of authorized officials, competent authorities and the court. He gives a point of view on the need to increase the period for eliminating deficiencies in the protocol and other materials of the administrative offense case to ten days.