The State Duma approved the increase of “points” in the statute of limitations for cases of violation of traffic rules
April 6, 2023
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The State Duma has passed a bill in third (final) reading that corrects the mechanism for bringing a citizen to administrative responsibility. The novel, approved by the deputies,
The State Duma has passed a bill in third (final) reading that corrects the mechanism for bringing a citizen to administrative responsibility. The novel, approved by the deputies, pointwise increased the statute of limitations for traffic violation cases.
The amendments related to articles 4.5 and 4.8 of the Code of Administrative Violations. Now the Code reads: “A decision in an administrative offense case cannot be made after two months (in an administrative offense case adjudicated by a court, after three months) from the date of the commission of an administrative offense. offence.”
However, a month can have 28, 29, 30 and 31 days. The government took this into account and proposed changing the words “two months” and “three months” to “60 days” and “90 days” respectively.
Moreover, the calculation of these periods does not start from the day of the violation, but from the day following it. It is established that if the last day of the 60 or 90 day statute of limitations falls on a weekend or holiday, the “end date” of this period is carried over to the next business day.
For example, it can be argued that the “digitalisation” of the statute of limitations in administrative cases will in some cases extend its duration. However, we recall that amendments to the Code of Administrative Offenses must be approved by the Federation Council and the President of the Russian Federation before they come into force.
The amendments related to articles 4.5 and 4.8 of the Code of Administrative Violations. Now the Code reads: “A decision in an administrative offense case cannot be made after two months (in an administrative offense case adjudicated by a court, after three months) from the date of the commission of an administrative offense. offence.”
However, a month can have 28, 29, 30 and 31 days. The government took this into account and proposed changing the words “two months” and “three months” to “60 days” and “90 days” respectively.
Moreover, the calculation of these periods does not start from the day of the violation, but from the day following it. It is established that if the last day of the 60 or 90 day statute of limitations falls on a weekend or holiday, the “end date” of this period is carried over to the next business day.
For example, it can be argued that the “digitalisation” of the statute of limitations in administrative cases will in some cases extend its duration. However, we recall that amendments to the Code of Administrative Offenses must be approved by the Federation Council and the President of the Russian Federation before they come into force.
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