Elena Legashova, a Managing Partner of Iusland Law Offices, commented on the article “How to abolish a fine: check the notice of the protocol” in the leading Russian legal news portal “Pravo.ru”

According to Russian law, an administrative offense report is drawn up either in the presence of the offender or later, but provided that the subject of administrative sanctions is notified of the place and time. However, there are examples when officials violate this rule and draw up a protocol without notifying the offender. In this case, the court of first instance should issue a ruling on the return of the protocol to eliminate violations, and higher courts should cancel the adopted acts. This is evidenced by Elena Legashova, a Managing Partner of Iusland Law Offices, commenting on the situation when the offender was not aware of the compilation of the protocol, but was charged with an administrative offense. “The court of first instance was to make a decision on the return of the protocol and other materials to eliminate violations at the stage of preparing the case for consideration. This was not done, and at the next stages the court does not have such powers. Therefore, the adopted acts had to be canceled”.

Detailed information on the news portal “Pravo.ru”:

pravo.ru