The Board of Directors approved the procedure for considering cases of harm

Amendments to the proposal to introduce a special procedure for reviewing cases involving injury in an accident were approved on Tuesday, August 26, by the government commission on legislative activity, sources in the government told Izvestia. The document is available to the editorial staff.

According to Vladimir Gruzdev, Chairman of the Board of the Association of Lawyers of Russia (AYUR), the draft law is an important initiative aimed at improving fairness and eliminating legal conflicts in the field of traffic.

"Initially, it was supposed to create a universal mechanism within the framework of the Administrative Code, which would regulate the procedure for proceedings in cases of administrative offenses in situations where the same illegal act falls under the scope of several articles of the Administrative Code. The main goal is to prevent double punishment for the same violation," explains the Chairman of the Board of AYUR.

According to him, during the work on the draft law, clarifications were made that limited its application to the scope of Chapter 12 of the Administrative Code concerning traffic violations. These changes were caused by the decision of the Constitutional Court of the Russian Federation, which declared unconstitutional the provisions of Chapter 12 of the Administrative Code, allowing for double administrative prosecution for the same offense.

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The main problem that the bill should solve is the specifics of the consideration of cases of traffic violations, when punishment is often imposed at the scene of the offense. At the same time, the consequences, such as causing moderate harm to health (according to Article 12.24 of the Administrative Code), are not always obvious at the time of the violation. This created the risk of double punishment: first for the traffic violation itself, and then for its consequences.

Gruzdev also said that the proposed changes provide for the introduction of a separate article that regulates the procedure for requesting case materials by a judge considering a case under Article 12.24 of the Administrative Code.

"The requirements for the determination of the request for case materials and the time frame for their referral (3 days) are being established. In addition, it clarifies that the case of an administrative offense, the materials of which were requested, is being considered by the same judge who issued the ruling on the request," he added.

Thus, the draft law is aimed at streamlining the process, preventing duplication in the consideration of cases and ensuring a uniform approach to bringing to administrative responsibility in cases where the same traffic violation entails different legal consequences. Ultimately, the implementation of this draft law is designed to ensure more fair and consistent law enforcement in the field of traffic, eliminating the possibility of double punishment for the same violations.

On April 21, the Government Commission on Legislative Activity approved a draft law on the procedure for using forest lands for the construction, reconstruction and operation of hydraulic structures. It was reported that this document is aimed at preserving forests. The amendments will help to avoid unauthorized placement of hydraulic engineering facilities on the territory of forests.

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