Judgments under Article 19.24 of the Code of Administrative Offenses of the Russian Federation

1. Non-observance by a person in respect of whom administrative supervision has been established of administrative restrictions or restrictions imposed on him by a court in accordance with federal law, if these actions (omission to act) do not contain a criminally punishable act, -

shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles or an administrative arrest for a term of up to fifteen days.

shall entail a warning or the imposition of an administrative fine in the amount of five hundred to one thousand roubles.

3. Repeated commission of an administrative offense within one year, provided for by part 1 of this article, if these actions (inaction) do not contain a criminally punishable act, -

shall entail compulsory works for a term of up to forty hours or administrative arrest for a term of ten to fifteen days, or the imposition of an administrative fine on persons in respect of whom, in accordance with this Code, compulsory works or administrative arrest cannot be applied, in the amount of two thousand to two thousand five hundred rubles.

Commentary on Art. 19.24 Code of Administrative Offenses of the Russian Federation

1. The object of the commented administrative offense is relations in the sphere of management order in Russian Federation.

The objective side of the offense is the failure by a person released from places of confinement of the duties related to compliance with the restrictions imposed on him by the court in accordance with federal law.

The following administrative restrictions may be imposed on a supervised person:

- prohibition of staying in certain places;

- prohibition of visiting places of mass and other events and participation in these events;

- prohibition of staying outside a residential or other premises that is the place of residence or stay of a supervised person at a certain time of the day;

- prohibition of travel outside the boundaries of the territory established by the court;

- mandatory appearance from one to four times a month to the internal affairs body at the place of residence or stay for registration.

The establishment by the court of an administrative restriction in the form of a mandatory appearance from one to four times a month to the internal affairs body at the place of residence or stay for registration is mandatory. The court, during the period of administrative supervision, on the basis of an application of the internal affairs body or the supervised person or his representative, taking into account information about the lifestyle and behavior of the supervised person, as well as on compliance with administrative restrictions by him, may partially cancel administrative restrictions or, based on the application of the internal affairs body, may supplement the administrative restrictions previously established for the supervised person.

The supervised person is obliged:

- to arrive within the period determined by the administration of the correctional institution at the place of residence or stay chosen by him after his release from places of deprivation of liberty;

- to appear for registration with the internal affairs body within three working days from the date of arrival at the place of residence or stay chosen by him after release from places of deprivation of liberty, as well as after changing the place of residence or stay;

- appear for registration with the internal affairs body at the place of temporary stay within three days in case of obtaining, due to exceptional personal circumstances, permission from the internal affairs body to stay outside the residential or other premises that are the place of residence or stay, and (or) for a short-term departure beyond the boundaries of the territory established by the court;

- notify the internal affairs body at the place of temporary stay about leaving for the place of residence or stay, if the supervised person was at the place of temporary stay due to exceptional personal circumstances;

- notify the internal affairs body at the place of residence or stay within three working days of changing the place of residence or stay, as well as returning to the place of residence or stay, if the supervised person was absent due to exceptional personal circumstances;

- notify the internal affairs body within three working days of employment, change of job or dismissal from work;

- allow employees of the internal affairs bodies to enter a residential or other premises that is a place of residence or stay at a certain time of the day, during which this person is prohibited from staying outside the specified premises.

The supervised person is also obliged to appear when summoned to the internal affairs body at the place of residence or stay within the period determined by this body, to give explanations orally and (or) in writing on issues related to his compliance with the administrative restrictions established by the court and the fulfillment of the duties provided for by law.

2. The subject of an administrative offense - individual who has reached the age of 16.

From the subjective side, an administrative offense is recognized as committed intentionally.

1. Failure by a person subject to administrative supervision to comply with administrative restrictions or restrictions imposed on him by a court in accordance with federal law, if these actions (inaction) do not contain a criminally punishable act, -
shall entail the imposition of an administrative fine in the amount of one thousand to one thousand five hundred rubles or an administrative arrest for a term of up to fifteen days.

2. Failure by a person in respect of whom administrative supervision has been established to fulfill the obligations provided for by federal law, if these actions (inaction) do not contain a criminally punishable act, -
shall entail a warning or the imposition of an administrative fine in the amount of five hundred to one thousand roubles.

3. Repeated commission of an administrative offense within one year, provided for by part 1 of this article, if these actions (inaction) do not contain a criminally punishable act, -
entails compulsory works for a term of up to forty hours or administrative arrest for a term of ten to fifteen days.

(The part is additionally included by the Federal Law of December 31, 2014 N 514-FZ)
(Article as amended, entered into force on July 1, 2011 by the Federal Law of April 6, 2011 N 66-FZ.

Commentary on Article 19.24 of the Code of Administrative Offenses of the Russian Federation

1. The object of an administrative offense is the social relations that develop during the supervision of persons released from places of imprisonment.

2. The objective side of the offense provided for by this article is expressed in the failure by a person released from places of confinement of the duties related to compliance with the restrictions imposed on him by the court.

3. Restrictions on persons released from places of confinement are established by Decree of the Presidium of the Supreme Soviet of the USSR of July 26, 1966 N 5364-VI in the Regulation on the administrative supervision of internal affairs bodies over persons released from places of deprivation of liberty.

4. The subject of the offense are citizens released from places of imprisonment.

5. From the subjective side, the offense is committed intentionally.

6. Draw up protocols and consider cases on this administrative offense officials internal affairs bodies.

Another commentary on article 19.24 of the Code of Administrative Offenses of the Russian Federation

1. According to Part 3 of Art. 55 of the Constitution of the Russian Federation, the rights and freedoms of a person and a citizen can only be limited by federal law.

In accordance with Art. 183 of the Penal Code, control over persons released from places of punishment is carried out in accordance with the legislation of the Russian Federation and regulatory legal acts, however, within the meaning of the commented article, the restrictions established by the court in relation to a person released from places of deprivation of liberty should be applied in accordance with federal law.

2. Within the meaning of this article, it means the imposition by the court of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities, including in cases where this punishment is imposed as an additional type of punishment to punishment in the form of deprivation of liberty.

According to Part 1 of Art. 47 of the Criminal Code, punishment in the form of deprivation of the right to hold certain positions or engage in certain activities consists in the prohibition to hold positions on public service, in local governments or to engage in certain professional or other activities.

Within the meaning of Part 4 of Art. 47 of the Criminal Code, the term for calculating the punishment in the form of deprivation of the right to hold certain positions or engage in certain activities is calculated from the moment of serving the deprivation of liberty.

Non-observance by a person released from places of deprivation of liberty of the restrictions associated with the appointment of a specified additional type of punishment by a court verdict is qualified in accordance with the commented article.

3. See note to paragraph 5 of the commentary to Art. 5.1.

Cases of administrative offenses provided for in the commented article are considered by the heads of territorial departments (departments) of internal affairs and equivalent police departments, their deputies, heads of territorial departments (departments) of the police, their deputies - in accordance with clause 1, part 2, art. 23.3 of the Code of Administrative Offenses; senior district inspectors, district inspectors - in accordance with paragraph 9 of part 2 of Art. 23.3 of the Code of Administrative Offenses.

These officials have the right to refer cases of administrative offenses provided for in the commented article for consideration by magistrates (cf. part 2 of article 23.1 of the Code of Administrative Offenses and paragraph 4 of part 3 of this article).

The text of Article 19.24 of the Code of Administrative Offenses of the Russian Federation in a new edition.

(The part is additionally included by the Federal Law of December 31, 2014 N 514-FZ)
(Article as amended, entered into force on July 1, 2011 by the Federal Law of April 6, 2011 N 66-FZ.

N 195-FZ, Code of Administrative Offenses of the Russian Federation, current edition.

Commentary on Article 19.24 of the Code of Administrative Offenses of the Russian Federation

Comments on the articles of the Code of Administrative Offenses will help to understand the nuances of administrative law.

1. The object of the commented administrative offense is relations in the sphere of management order in the Russian Federation.

The following administrative restrictions may be imposed on a supervised person:

Prohibition of stay in certain places;

Prohibition of visiting places of mass and other events and participation in these events;

Prohibition of staying outside a residential or other premises that is the place of residence or stay of a supervised person at a certain time of the day;

Prohibition of travel outside the boundaries of the territory established by the court;

Mandatory appearance from one to four times a month to the internal affairs body at the place of residence or stay for registration.

The supervised person is obliged:

Arrive within the period determined by the administration of the correctional institution at the place of residence or stay chosen by him after his release from places of deprivation of liberty;

Appear for registration with the internal affairs body within three working days from the date of arrival at the place of residence or stay chosen by him after release from places of deprivation of liberty, as well as after changing the place of residence or stay;

Appear for registration with the internal affairs body at the place of temporary residence within three days in case of obtaining, due to exceptional personal circumstances, permission from the internal affairs body to stay outside the residential or other premises that are the place of residence or stay, and (or) for a short-term departure for the boundaries of the territory established by the court;

Notify the internal affairs body at the place of temporary stay about leaving for the place of residence or stay, if the supervised person was at the place of temporary stay due to exceptional personal circumstances;

Notify the internal affairs body at the place of residence or stay within three working days of the change of place of residence or stay, as well as the return to the place of residence or stay, if the supervised person was absent due to exceptional personal circumstances;

Notify the internal affairs body within three working days of employment, change of job or dismissal from work;

Allow employees of the internal affairs bodies to enter a residential or other premises that is a place of residence or stay at a certain time of the day, during which this person is prohibited from staying outside the specified premises.

2. The subject of an administrative offense is an individual who has reached the age of 16.

From the subjective side, an administrative offense is recognized as committed intentionally.

The next commentary on Article 19.24 of the Code of Administrative Offenses of the Russian Federation

If you have questions under Art. 19.24 of the Code of Administrative Offenses, you can get legal advice.

1. The object of an administrative offense is the social relations that develop during the supervision of persons released from places of imprisonment.

4. The subject of the offense are citizens released from places of imprisonment.

5. From the subjective side, the offense is committed intentionally.

6. Officials of internal affairs bodies draw up protocols and consider cases on this administrative offense.

Case No. 5-257/2014

P O S T A N O V L E N I E

Lutoshkina O.M., Justice of the Peace of the Vologda Region in judicial district No. 29, having considered the case of an administrative offense under Article 19.24 Part 2 of the Code of Administrative Offenses of the Russian Federation, in respect of

Vashina M.V., “date and place of birth, place of registration and place of residence”,

u s t a n o v i l:

According to the protocol on an administrative offense dated January 21, 2014, Vashin M.V., being a person in respect of whom administrative supervision was established by court decision, violated the restrictions established by the court decision, namely: he was not at the place of residence on January 20, 2014 at 23:00 . 20 minutes.

actions Vashin M.The. qualified under Part 2 of Art. 19.24 Administrative Code of the Russian Federation.

At the hearing Vashin M.The. failed to appear, duly notified of the place and time of the hearing, did not submit statements and petitions, did not send a representative. Given the above, the court, in accordance with Part. 2 Article. 25.1 of the Code of Administrative Offenses of the Russian Federation, considers it possible to consider the case in his absence.

Having examined the case materials, the court considers that the proceedings are subject to termination on the following grounds.

The sanction of Part 1 of Article 19.24 of the Code of Administrative Offenses of the Russian Federation provides for liability in the form of an administrative fine in the amount of one thousand to one thousand five hundred rubles or administrative arrest for up to fifteen days for non-compliance by a person in respect of whom administrative supervision is established, administrative restrictions or restrictions established by the court in accordance with federal law, if these actions (inaction) do not contain a criminally punishable act.

The sanction of Part 2 of Article 19.24 of the Code of Administrative Offenses of the Russian Federation provides for liability in the form of a warning or the imposition of an administrative fine in the amount of five hundred to one thousand rubles for failure by a person in respect of whom administrative supervision has been established to fulfill the obligations provided for by federal law, if these actions (inaction) do not contain criminal punishable act.

In paragraph 20 of the Resolution of the Plenum Supreme Court RF dated 03/24/2005 N 5 (as amended on 12/19/2013) On some issues that arise with the courts when applying the Code of the Russian Federation on Administrative Offenses, it is indicated that, despite the obligation to indicate in the protocol on an administrative offense, along with other information listed in part 2 of Article 28.2 of the Code of Administrative Offenses of the Russian Federation, a specific article of the Code of Administrative Offenses of the Russian Federation or the law of a constituent entity of the Russian Federation, which provides for administrative responsibility for an offense committed by a person, the right of final legal qualification of actions (inaction) of a person of the Code of Administrative Offenses of the Russian Federation refers to the powers of a judge.

If, when considering a case on an administrative offense, it is established that the protocol on an administrative offense contains an incorrect qualification of the offense committed, then the judge has the right to reclassify the actions (inaction) of the person brought to administrative responsibility to another article (part of the article) of the Code of Administrative Offenses of the Russian Federation, which provides for the composition of the offense, having a single generic object of encroachment, including if the consideration of this case is within the competence of officials or non-judicial bodies, provided that the punishment imposed does not worsen the position of the person against whom the proceedings are being conducted.

Since the sanction of Part 1 of Art. 19.24. The Code of Administrative Offenses of the Russian Federation provides for a more severe type of administrative punishment compared to the administrative punishment provided for by the sanction of Part 2 of Art. 19.24 of the Code of Administrative Offenses of the Russian Federation, the reclassification of actions from part 2 to part 1 of article 19.24 of the Code of Administrative Offenses of the Russian Federation will lead to a deterioration in the position of the person against whom proceedings are being conducted on an administrative offense, which is unacceptable.

since in the actions of Vashina M.The. there is no composition of an administrative offense for hours. 2 Article. 19.24 of the Code of Administrative Offenses of the Russian Federation, by virtue of paragraph 2 of part 1 of Art. 24.5 and paragraph 1, part 1.1 of Art. 29.9 of the Code of Administrative Offenses of the Russian Federation, the proceedings are subject to termination.

Based on the above, guided by art. Art. 24.5, 29.9-29.10 Administrative Code of the Russian Federation, magistrate

p o s t a n o v i l:

The proceedings of an administrative offense against Vasina M.The. according to part 2 of Art. 19.24 of the Code of Administrative Offenses of the Russian Federation, terminate on the basis of paragraph 2 of part 1 of article 24.5 of the Code of Administrative Offenses of the Russian Federation, in the absence of an administrative offense.

The decision can be appealed to the Vologda District Court through the justice of the peace Vologda region in judicial section № 29 within 10 days from the date of delivery or receipt of a copy.

Full text of Art. 19.24 of the Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 19.24 of the Code of Administrative Offenses of the Russian Federation.

(The part is additionally included by the Federal Law of December 31, 2014 N 514-FZ)
(Article as amended, entered into force on July 1, 2011 by the Federal Law of April 6, 2011 N 66-FZ.

Commentary on Article 19.24 of the Code of Administrative Offenses of the Russian Federation

1. The object of the commented administrative offense is relations in the sphere of management order in the Russian Federation. So, according to Art. 179 of the Penal Code of the Russian Federation determines that persons who have served their sentences bear obligations and enjoy the rights that are established for citizens of the Russian Federation, with the restrictions provided for by federal law for persons with a criminal record.

2. The objective side of the offense is the failure by a person released from places of confinement to fulfill obligations related to compliance with the restrictions established in relation to him by the court in accordance with federal law. For example, Art. 50 federal law dated January 8, 1998 N 3-FZ "On Narcotic Drugs and Psychotropic Substances" (as amended and supplemented), it was established that after the release from places of detention of persons who have committed serious crimes or especially serious crimes related to drug trafficking drugs, psychotropic substances and their precursors, by a court decision, monitoring of the course of social rehabilitation of these persons may be established, providing for a ban on visiting certain places, limiting stay outside the home after a certain time of the day or limiting travel to other areas without the permission of the internal affairs bodies.

3. The subject of an administrative offense is an individual who has reached the age of 16.

4. From the subjective side, an administrative offense is recognized as committed intentionally (part 1 of article 2.2).

5. In accordance with Art. 12 of the Federal Law of February 7, 2011 N 3-FZ "On the Police" (clause 26, part 1, article 12), the police are obliged to control, within their competence, compliance by persons released from places of deprivation of liberty established for them by the court in accordance with the law of prohibitions and restrictions.

6. Cases of administrative offenses are considered by officials of the internal affairs bodies (police) (Article 23.3). In addition, cases of these administrative offenses are considered by judges in cases where officials of the internal affairs bodies (militia), if it is necessary to resolve the issue of imposing an administrative penalty in the form of administrative arrest, refer such cases to a judge (part 2 of article 23.1).

Protocols on administrative offenses are drawn up by officials of the internal affairs bodies (police) (part 1 of article 28.3).

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