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Resolution of the Justice of the Peace of July 20 Karpo
Uploaded: 04.07.2019
Content: S19-017.docx 18,21 kB
Product description
By the decision of the justice of the peace of July 20, Karpov was found guilty of committing an administrative offense under Art. 12.26 of the Administrative Code and he was imposed an administrative penalty of deprivation of the right to drive a vehicle for a period of 1 year and six months. A copy of the decision on the case Karpov received on August 1. On August 10, Karpov filed a complaint with the district court with a request to cancel the decision of the justice of the peace and discontinue the proceedings, because, firstly, the administrative offense protocol did not indicate on what grounds he was sent for a medical examination, secondly, he wasn’t handed a copy of the protocol on administrative offense, thirdly, he was not explained his rights and obligations when drawing up the protocol, fourthly, he was not duly notified about the time and place of the case, fifthly, The judge did not take into account the fact that one hour after drawing up a protocol on an administrative offense, he voluntarily underwent a medical examination, which did not reveal his state of intoxication, therefore, the traffic police officer’s requirements were illegal.
On September 1, the district court, having considered the complaint of Karpov, issued a decision to cancel the ruling of the justice of the peace because the case was considered in violation of the rules of jurisdiction established by Article 23.1 of the Administrative Code - since an administrative investigation was conducted in this case, the case was not under the jurisdiction of the justice of the peace, and the judge of the district court.
On October 1, the decision of the district court was canceled by the decision of the chairman of the court at the level of the subject of the Russian Federation and the decision of the justice of the peace was upheld, due to the fact that the case file does not contain a definition of an official to initiate the case and conduct an administrative investigation.
Karpov filed a complaint with the President of the Supreme Court of the Russian Federation with a request to cancel the decision of the chairman of the court of the level of the subject of the Russian Federation and to terminate the proceedings on the case of an administrative offense.
Give a legal analysis of the case, describe in detail all the procedural violations. What decision should be made by the Deputy Chairman of the Supreme Court of the Russian Federation?
Additional information
After payment you will be available a link to the solution of this problem in the file of MS Word. It should be noted that the problem solutions put up for sale were successfully handed over in the period 2004-2019 and could be outdated. However, the general algorithm will always remain true.
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