1. When considering a case of an administrative offense:
1) it is announced who is considering the case, what case is subject to consideration, who and on the basis of what law is brought to administrative responsibility;
2) the fact of the appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity in respect of whom proceedings are being conducted for an administrative offense, is established, with the exception of cases provided for in Part 3 of Article 28.6 of this Code, as well as other persons participating in consideration of the case;
3) the powers of legal representatives of an individual or legal entity, defender and representative are checked;
4) it is determined whether the participants in the proceedings have been notified in the prescribed manner, the reasons for the non-appearance of the participants in the proceedings are clarified and a decision is made to consider the case in the absence of these persons or to postpone the consideration of the case;
5) explain to the persons participating in the consideration of the case their rights and obligations;
6) submitted challenges and petitions are considered;
7) a ruling is made to postpone the consideration of the case in the event of:
a) receipt of an application for self-recusal or recusal of a judge, member of a collegial body, or official considering the case, if their recusal interferes with the consideration of the case on the merits;
b) challenge of a specialist, expert or translator, if the said challenge prevents the consideration of the case on the merits;
c) the need for a person participating in the consideration of the case to appear, to request additional materials on the case or to order an examination;
a ruling is made to bring a person whose participation is recognized as mandatory in the consideration of the case, in accordance with Part 3 of Article 29.4 of this Code;
9) a determination is made to transfer the case for consideration according to jurisdiction in accordance with Article 29.5 of this Code.
2. When the consideration of a case of an administrative offense continues, the protocol on the administrative offense, and, if necessary, other materials of the case are read out. Explanations of an individual or a legal representative of a legal entity in respect of whom proceedings are being conducted for an administrative offense, testimony of other persons participating in the proceedings, explanations of a specialist and expert opinion are heard, other evidence is examined, and if the prosecutor participates in the consideration of the case, the his conclusion.
3. If necessary, other procedural actions are carried out in accordance with this Code.
- Article 29.6. Time limits for consideration of a case of an administrative offense
- Article 29.8. Protocol on the consideration of a case of an administrative offense
How to file a motion to adjourn a civil case
When drawing up a petition to postpone a court hearing, you should be guided by the general rules for preparing documents in court. Additionally, this document indicates the reasons for postponing the case.
Contents of the request for adjournment:
- name of the court in which the case is heard
- Full names, addresses and telephone numbers of the participants in the case
- name of the application - Petition to postpone the court hearing or Petition to postpone the civil case
- reasons for inability to appear at the court hearing at the time appointed by the court
- request to postpone the consideration of the case
- date and signature
- evidence of valid reasons for failure to appear in court
Filing a petition to the court
It is better to prepare a request for adjournment in advance, taking into account the possibility of it being received by the court before the hearing of the case. The petition must be accompanied by documents confirming the justification for failure to appear and/or inability to participate in the court hearing.
The petition must be submitted in writing. If the situation arose directly on the day of the court hearing, you can file a petition orally by telephone. Or send it through a proxy without attaching written evidence. In this case, you need to indicate to the court how it can check the validity of the reasons for failure to appear (indicate the hospital number and full name of the doctor, details of the police officer, etc.). Then you will need to submit written documents at the next court hearing.
In some cases, instead of a petition to postpone the court hearing, it will be correct to draw up a petition to postpone the consideration of the case. This is done in cases where the court is asked to change the date or time of the court hearing.
Note! Request to postpone the hearing
If there are reasons for adjournment established in the Code of Civil Procedure of the Russian Federation, it is not necessary to prepare a separate written request for adjournment. You can reflect the request for postponement in the document itself or state it orally, at the stage of resolving this issue in court.
