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Code of the Russian Federation on Administrative Offenses. Leaving the seat of an accident How the violation is proved

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Leaving the scene of an accident (article 12.27 of the Code of Administrative Offenses of the Russian Federation)

In the event of a road traffic accident (RTA), the driver has obligations that are established by law. In the Rules road traffic the measures of the driver's behavior in this case are indicated, and in article 12.27 of the Code of Administrative Offenses of the Russian Federation - responsibility for violation of legal requirements.

In the event of an accident, the driver of the vehicle involved in the situation must stop and be at the scene of the accident until the arrival of the road authorities.

His actions:

  1. Stop without moving the car from the accident scene, even if it partially interferes with other road users. If there is a congestion, the best way out in this position is to organize a detour. This will save all the evidence and evidence.
  2. As with any emergency stop, the hazard lights must be turned on and sign posted. The sign is installed at a distance from transport 30 meters (for highways, highways outside the city) or 15 meters (within settlements).
  3. Call the traffic police, ambulance if necessary.
  4. Provide assistance to the victims. If necessary, it is necessary to deliver the wounded on their own to the nearest hospital in their own transport, after which they should return to the scene.

If these requirements are not met, the traffic police officers are not called, and the road accident participant left, this fact is a violation and entails administrative liability under Article 12.27 of the current Code (part two).

In what cases is it necessary to comply with the above instructions?

If at the moment of movement of the vehicle an event occurred that resulted in the injury or death of pedestrians, drivers of other Vehicle, damage to other vehicles or buildings, structures, structures, cargo, such an incident legally requires a call from the traffic police. Reckless leaving of space in such cases is fraught with serious consequences.

The legislative framework

As already indicated, the basis for establishing liability is:

  • Administrative Code of the Russian Federation, namely part one, article 12.27;
  • SDA, clauses 2.5, 2.6 and 2.6.1.

In the second part, Article 12.27 provides for cases that exclude the establishment of liability in the case of an offense due to leaving a place on the road where the accident was committed. The composition of the offense is recognized if the driver's actions contradict clause 2.5 of the SDA. In 2007, on July 24, the Law of the Russian Federation made additions to Article 12.27 - a third part was added, which indicates the punishment for taking alcohol and drugs that change the driver's condition after the accident. The revision of the third part was made on July 23, 2013 (Federal Law No. 196).

In practice, most often the drivers involved in the accident try to come to an agreement, since after the initiation of a case after contacting the traffic police, it will be impossible to do this. Even with mitigating circumstances when guilty person will pay for repairs for the damage caused, this will not cancel the fact of deprivation of rights or arrest, since, according to the law, after the submission of an application by the injured party, it is initiated administrative investigation and liability arises in accordance with the Code of administrative offenses.

Article 27.5 part 1 specifies that it is necessary to stay at the scene of the accident for 3 hours. If 3 hours have passed after the call to the traffic police, you can safely leave, having previously made another call and pointing out the fact that the inspector did not arrive. In this case, the charges can be completely dropped, but it is advisable to come to a mutual agreement with the injured or guilty party in writing.

What to do if people are injured in an accident?

In clause 2.6 of the SDA, the actions that the driver must perform if a pedestrian collides with are approved. These actions include calling the police and ambulance. In an emergency, the wounded person must be transported to the hospital. And although the Rules indicate that the shipment can be performed by passing transport, more often this happens by transport that participated in the road accident.

According to the Code of Administrative Offenses of the Russian Federation, such abandonment is not regarded as a violation if, after leaving the victim, the driver in this vehicle returned to the scene of the incident. Important! At the time of registration of the wounded person in the hospital at the post, you must leave your data:

  • vehicle registration number;
  • data from a driver's license or from a passport.

When recording personal data in medical institution along with the time of arrival in the future during the trial, the fact of malicious leaving the scene of the accident will be excluded.

Who will be punished?

According to the Code of Administrative Offenses of the Russian Federation (Chapter 12), as well as the Plenum The Supreme Court RF paragraph 1 (Resolution No. 18 of September 27, 2006, Resolution No. 23 of November 11, 2008, Resolution No. 2 of February 9, 2012), the driver is a person:

  • driving a vehicle (with and without rights);
  • driving training.

The basis for initiating a case for leaving the scene of an accident is a combination of the following signs:

  1. a) the established fact of an accident;
  2. b) the established identity of the driver;
  3. c) participant in the incident;
  4. d) the injured party or the fact of damage;
  5. e) the fact of leaving the accident site;
  6. f) statement by the victim.

The absence of at least one item is a reason not to open a case when the driver leaves the place where the road accident occurred.

Punishment

In the Code of Administrative Offenses of the Russian Federation, it is established that if the driver does not fulfill his duties prescribed in the Traffic Rules, he is subject to:

  • deprivation driving license(period from 1 to 1.5 years);
  • or administrative arrest (up to 15 days, applied in no more than 5% of cases);

Many people, being in a state of shock, frightened of responsibility or enduring great stress, can take alcohol, sedatives or drugs of a prohibited group to calm down. If after an accident, having left the scene of the accident, without having passed the examination, the driver took illegal drugs (psychotropic, narcotic) or alcohol, the following penalties are imposed, approved by paragraph 2.7 of the current traffic rules and part 3 in article of the Code:

  • administrative fine (amount of 30,000 rubles);
  • deprivation of the right to drive a vehicle (for a period of 1.5-2 years).

It is possible to take any drugs or alcoholic beverages only when a decision is made by the police to release the driver from the examination or after passing this procedure in a medical institution. Violation of these rules entails serious legal liability.

For leaving space Accident article 12.27 provides for severe punishment, which can only be avoided with the help of an experienced lawyer.

Leaving the accident site in 98% is punishable by law, therefore, in case of a rash act, we recommend enlisting the support of auto lawyers. The sooner an appeal is made to an expert, the more chances you will receive the minimum punishment. We guarantee high-quality protection and a forward-looking strategy in which your rights will be reliably protected.

Despite the severity of the law, not always the abandoned place of an accident is considered a violation of the Traffic Rules and falls under Article 12.27 of the Code of Administrative Offenses of the Russian Federation

Exceptions to the rule

The following situations can lead to abandonment of the scene:

  • In case an urgent need to take the injured person to the hospital, without waiting for the arrival of an ambulance.
  • In the event that during an emergency stop the carriageway is completely blocked and the movement of other vehicles is impossible.

Article 12.27 in the above cases justifies the driver, but only if all the rules of behavior in these situations are observed.

Before leaving, at the place of abandonment, you need to find several people (eyewitnesses), from whom you can take contact information and address. Witnesses must, with their signatures, record the fact of an accident on paper, where they should first draw a diagram of the location of the transport before the car is removed from the road. It will not be superfluous to take a few photos, shoot a video. Before leaving the scene of an accident, it is imperative to call the traffic police officers.

It is also legally allowed to leave the scene of an accident when both drivers were able to agree. In this situation, it is mandatory to record the fact of the incident. At the same time, it is important to correctly draw the layout of cars at the time of an accident on the road with markings, indicate the location of houses or other buildings. After that, both or more participants road accident should contact the traffic police post to inform the service about the incident.

Leave the place abandonment of an accident is allowed if the drivers involved in the incident were able to resolve the dispute on their own. In this case, it is allowed to leave the place if the damage is insignificant and does not exceed 25,000 rubles. At such an accident site, the article has an exception, does not require fines and administrative penalties from persons participating in the road traffic accident. To avoid litigation in the future, it will be useful for both drivers to draw up two copies of the accident site diagram, sign a receipt for damages indicating its preliminary assessment. This is followed by the repair of vehicles, payment for which is carried out either from the personal funds of drivers, or by an insurance company according to the European protocol.

An exception from the Code of Administrative Offenses of the Russian Federation 12.27 is considered if, during the actions of the driver, material damage(damage to public or private property, another car, cargo), while the driver did not notice the incident itself. For leaving the scene of an accident, the person in charge shall not be punished if the fact of his unintentional abandonment is proved. In cases where there is evidence of a driver stopping in an accident, getting out of the car, assessing the condition of the car and the scene of the accident, continuing the route is considered a malicious abandonment.

The Code of Administrative Offenses of the Russian Federation has many exceptions that can be used when building a defense for the guilty person or applying for termination judicial proceedings in the case of abandonment of the accident site.

Statute of limitations

Even if for some reason there was a concealment from the scene, responsibility under the Code of Administrative Offenses of the Russian Federation will still have to be incurred. For this, police officers will try, who, according to their job descriptions, will conduct an administrative investigation until the culprit is found.

KRFoAP sets a deadline limitation period 1 year. Part 1, paragraph 6 of the Code of Administrative Offenses of the Russian Federation (Article 24.5) states that proceedings on a violation case cannot be initiated road rules and leaving the place where the accident occurred, if the statute of limitations has expired. Also, according to this Code, the proceedings in this case should be terminated if the statute of limitations has come. BUT! Paragraph 5 of this article indicates the possibility and procedure for the suspension of the statute of limitations, which the court may be guided by when making a decision on administrative responsibility.

"Leaving the scene of an accident" will find a way to avoid imprisonment or driver's license, heavy penalties, if you chose to hide in a state of panic from the scene.

How is an offense proven?

If there was a collision, collision, accident or minor damage caused during the movement of vehicles on the road or adjacent areas, while the driver continued to move without responding to the situation, the actions of the road service employees are as follows (if they were caused by the injured party):

  1. At the scene of the accident, work is being carried out to collect information about the incident from the lips of eyewitnesses, to seize photos and video data from witnesses who filmed the situation on a phone or other information medium (camera, recorder).
  2. A document is filled out in which the victims describe the situation in all details, diagrams are sketched and other data related to the accident are indicated;
  3. The protocol on the violation is filled in.

After the work done by the traffic police directly at the scene of the accident, Article 12.27 of the Code can be applied to the offender after an administrative case has been initiated. After that, begin search work, the guilty person is identified, his actual place residence. If there is data about the vehicle, the car or other type of transport is put on the operational wanted list.

The submitted statement about the offense on the part of the victim and the left place of the accident by the culprit are prerequisites that will soon develop into detention, trial and punishment. To prevent this from happening, when leaving the scene of incidents, it is better to enlist the support of an experienced car lawyer who can competently create a protective strategy and represent interests in court.

Is it possible not to be held liable for leaving the accident scene?

Leaving the scene of an accident can be re-qualified by the court. According to the Code of Administrative Offenses (Article 12.27 Part 2) there are exceptions in which the driver is not responsible for leaving the scene of the accident. V jurisprudence the concept is widely used urgent need when the driver is allowed to leave, realizing that he has made a collision, collision or accident. Leaving the place where the accident happened, the driver independently determines the degree of emergency. Justify in judicial procedure cases where the harm caused during the accident was less than that prevented.

For example, a someone else's car, scratched during overtaking, is less harm than a woman in labor or a person with an attack of illness, fraught with fatal outcome, transported to the maternity ward. If the driver's actions are taken when absolutely necessary, Article 12.27 of the Code of Administrative Offenses does not provide for punishments for leaving the scene of an accident.

By contacting us, experienced lawyers will do their best to prove:

  • non-involvement of the driver in the accident or his ignorance of the incident due to the insignificance of the damage caused;
  • the insignificant degree of the incident itself, which can reduce the penalty;
  • no fact of violation under the Code of Administrative Offenses of the Russian Federation.

When examining the evidence, lawyers can refute the objectivity, reliability of the data on which the accusation in court is based. It is very important how soon an appeal to lawyers will be made after the accident. We draw your attention to the fact that after leaving the scene of an accident, the chances that you will be deprived of your license increase with every hour passed.

Extenuating circumstances

If the scene of the accident was left, but the driver who realized it in time quickly took action and turned to an auto lawyer, you can count on extenuating circumstances... To them, according to Art. 4.2 Part 1 of the Code of Administrative Offenses of the Russian Federation includes:

  • remorse, confession;
  • voluntary appeal to the road patrol service;
  • assistance in the investigation of the administrative violation;
  • prevention of the consequences of an accident;
  • voluntary refund damage;

Also softening is a state of passion and minority.

Features of the work of our lawyers

The abandoned place of an accident is a pretext for court proceedings in the case of a road traffic accident and leaving the place where it happened. When contacting our company, a thorough examination of the administrative material that was obtained by the traffic authorities during the investigation and procedural actions when fixing an accident. When examining the data, inconsistencies, incorrect paperwork, contradicting legislative framework RF, and other inconsistencies that serve as the basis for appealing the material and recognizing it as unlawful.

The available material may not always fully reflect the composition of the violation, the events and the circumstances that led to it. To do this, the package of documents must contain well-written:

  • report;
  • testimony of witnesses;
  • accident site inspection protocol;
  • vehicle inspection report;
  • photographic and video materials;

Actual and evidence base often has gaps that, in the hands of professional auto lawyers, can be your salvation and preservation of your driving license.

With a thorough check, the specified time, fixed in the documents related to the case materials, often affects the positive outcome. It is also possible to build an effective defense in the absence of technical expertise, forensic medical examination of the persons who suffered and brought charges. In cases of damage to transport (scratches or dents), only technical expertise can be objective material on which the court must rely. Other conclusions, for example, a traffic police inspector, are not a legal basis for considering the fact of damage. The lawyers of our team know all the nuances, subtleties of procedural matters.

There are situations when it is impossible to fully justify the culprit of an accident who fled the scene. In such cases, the goal of a lawyer's work is to minimize punishment. A qualified specialist will help determine the adequacy of the assessment of damage to another car, cargo or structures, human health.

Why is this needed? Even if the claim is upheld in favor of the plaintiff and Insurance Company will fully cover compensation for material damage; in the practice of insurance companies, it is not uncommon for insurance companies to demand compensation for these payments from the offender. Since 2002, it has become legal to compensate for insurance payments from a driver who fled from the scene of a traffic accident.

If you disappeared out of ignorance or deliberately, you do not want serious consequences, envisaged by the Code of Administrative Offenses RF, call us and we will be able to solve the problem you have arisen with minimal damage to you.

The current norms of 2019 provide for a rather severe punishment for leaving the scene of an accident. An offense such as spontaneous departure from the scene of an accident is considered quite serious.

Leaving the scene of an accident (article 12 27 h 2 of the Code of Administrative Offenses of the Russian Federation) entails administrative arrest, fine and / or deprivation of rights for up to one and a half years.

The driver will be punished even if he did not notice how he became a participant in the accident. This can happen when you, for example, inadvertently scratched someone else's car and drove away.

We propose to consider these situations in more detail in order to protect ourselves from mistakes and thereby avoid responsibility for leaving the scene of an accident.

If you find yourself in a difficult situation, we are ready to provide free legal advice on this issue. Contact our lawyer by phone for professional legal support!

Check out an example of a case we won:


Many car owners, contacting a law firm, begin a conversation with the question of what threatens them, in accordance with the accepted standards of 2019. Today the following rules apply:

  • Leaving the scene of an accident is possible if there are no casualties in the accident and both participants have no claims to each other.
  • If one of the participants left the scene of the accident, despite protests from the second driver, this is the basis for initiating a lawsuit, in which you will have to defend your interests.
  • It is possible to temporarily leave the scene of an accident without punishment if as a result of the accident there are victims who need emergency hospitalization, but there is no way to find another vehicle to transport citizens to a medical institution.

However, according to Art. 12 27 h 2 of the Code of Administrative Offenses of the Russian Federation, after a trip to a medical facility, the driver must return to the scene of the incident, and before that, in the presence of witnesses, fix the position of the vehicle during the accident and other details of the incident.

Separate punishment for leaving the scene of an accident without victims (2019) is not provided if two vehicles have become participants in the accident, the drivers of which have valid OSAGO policies.

If the participants do not have disagreements about who is the culprit of the incident, you can file an accident without calling the police. Based on these documents, the insurer will make a compensation payment.

And finally, article 12 27 provides for the possibility of avoiding punishment for leaving the scene of the accident, if there is a need to clear the road, since the vehicle interferes with traffic.

Studying the information about what punishment is provided by law for leaving the scene of an accident under the new rules, you should pay attention to the fact that, in addition to a fine and deprivation of rights, you may be faced with the need to compensate for damage to an insurance company.

V this case the insurer has legal basis to bring legal action against the perpetrator of the incident, in order to recover the amount that was paid to the victim.

Thus, for a person who left the scene of an accident, the punishment for a rash act can become really extremely harsh and very unfavorable for the budget!

How can you avoid these problems? First of all, we strongly advise you to study article 12 27 part 1 and part 2. This will save you from mistakes caused by ignorance regulations... In addition, you should always have an auto lawyer's phone at hand, with whom you can contact if there are unexpected problems on the road.

In 2019 and over the past period of this year, very many motorists managed to avoid punishment for leaving the scene of an accident, as well as unfounded claims from the participants in the incident, since the necessary measures were taken in time legal protection, an objective assessment of the situation was made and the real fault of each of the participants in the incident was established.

Is it possible to avoid punishment in the form of deprivation of rights for leaving the scene of an accident

If there has been a violation of Article 12 27 h 2 of the Administrative Offenses Code of the Russian Federation and you are looking for ways to avoid punishment for leaving the scene of an accident, we advise you to immediately contact the specialists of Avtoyurist Moscow. Thanks to its extensive practical experience we manage to find a solution to the problem even in the most difficult cases!

A very unpleasant consequence for the driver in case of leaving the scene of an accident, according to the norms, is a punishment in the form of a ban on driving for a period of up to one and a half years. A recourse claim from an insurance company is also not a cause for joy.

Some drivers who violated part 1 of article 12 27 consider punishment inevitable, therefore they refuse to even visit judicial sitting and try to use your legal right to prove your innocence!

If your lawyer proves that you left the scene of the accident out of emergency, it will be about the absence of corpus delicti, which entails the withdrawal of charges.

Thus, it is possible to avoid punishment for leaving the road traffic accident (12 27 part 2) only if your interests are represented in court by a good car lawyer! If you need legal advice on auto business, call our company - help is guaranteed!

Check out an example of a won case:




The right to enter and leave the territory Russian Federation, including temporary travel, is regulated by the Constitution of the Russian Federation, international agreements, Federal law No. 114, decrees of the Government of the Russian Federation and other federal laws.

The federal law "On the procedure for leaving the Russian Federation and entering the Russian Federation" dated 15.08.1996 No. 114-FZ was adopted by the participants The State Duma June 18, 1996. According to this document, every citizen who wishes has the right to travel outside the Russian Federation, and also has no obstacles to returning back.

The structure of this Federal Law consists of 8 sections and 40 articles:

  • section 1 (Articles 1-6). The main provisions of the law;
  • section 2 (v. 7-14). The procedure for registration and issuance of documentation for the entry and exit of citizens of the Russian Federation from the territory of Russia;
  • section 3 (v. 15-23). The procedure for a foreign citizen of the Russian Federation to leave the Russian Federation;
  • Section 4 (Articles 24-25.10). The procedure for registration and issuance of documentation for entry and exit from the Russian Federation foreign citizens and stateless persons;
  • Section 5 (Art 25.11-28). Entry and exit from the territory of the Russian Federation of foreign citizens and persons without citizenship;
  • Section 6 (Articles 29-32). The procedure for temporary travel of foreign citizens and stateless persons through the territory of Russia;
  • Section 7. Was excluded from the relevant Federal Law;
  • Section 8 (Articles 36-40). Final provisions regulatory legal act.

Article 27 of Law No. 114 establishes restrictions on obtaining an appropriate permit for entry and exit from Russian territory for foreign citizens.

Article 27 114-FZ: description, changes

To cross the border, foreign citizens and stateless persons must apply for a visa. This procedure will not be needed only if the conditions for visiting Russia were previously stipulated in international intergovernmental agreements. Foreigners who have received a Russian-type residence permit are not deprived of the right to leave the territory of the Russian Federation, if they can at any time provide a document confirming temporary residence and a valid passport.

Article 27 114 of the law prohibits foreign citizens and stateless persons from entering the territory of the Russian Federation if:

  • Paragraph 1. This is necessary in order to guarantee the country's defense and security, or public order, or to protect the health of the entire population. Exceptions may be cases that are provided for by the second paragraph of clause 3 of article 11 of the Federal Law No. 38 "On the prevention of the spread in the Russian Federation of a disease caused by the human immunodeficiency virus." Article 27 part 1 was last amended at the end of December 2015;
  • P 2 article 27 FZ 114. V In relation to a foreign citizen, a decision was made on general administrative expulsion from the Russian Federation, as well as on deportation or readmission of the person concerned for a period of 5 years or more. Last changes were approved on July 23, 2013;
  • Point 3. A foreign citizen or a person who does not have any civics, has an unexpunged or outstanding conviction for committing an intentional crime on the territory of the Russian Federation, as well as abroad;
  • Clause 4 of article 27. The relevant persons did not provide the package of documents required to obtain a permit;
  • Clause 5. The foreigner was not provided medical policy valid on the territory of the Russian Federation. Exceptions are employees of political missions and consular organizations of foreign citizens, as well as employees of international institutions;
  • Last changes in paragraph 6 of Federal Law 114 were adopted back in July 2008. When applying for a visa, the relevant persons were unable to confirm the availability of money for living on Russian territory and subsequent departure from the country;
  • Clause 7. Entry is strictly prohibited for foreign citizens in respect of whom a decision has been made about unwanted stay and (or) residence in the Russian Federation, as well as foreign citizens included in the list of US citizens who are prohibited from entering. This item was supplemented on December 28, 2012;
  • Clause 8. On July 23, 2013, this document lost its legal force;
  • Clause 9 of Article 27. Forged documents were used;
  • Clause 10. Foreign citizens during their previous stay on the territory of the Russian Federation evaded taxes or any administrative fine... The debt repayment process is established by the Government of the Russian Federation;
  • Clause 11. Leaving is not allowed if a foreign citizen has been repeatedly brought to administrative responsibility for committing offenses within one year. It may be related to an infringement of public order or social security, as well as non-observance of legislative acts establishing the norms for the stay of foreign citizens on Russian territory;
  • Clause 12, Article 27 of the Federal Law regulates the following: if a foreign citizen or stateless person during his previous stay exceeded the allowable period of stay in Russia, but left within 180 days, entry will be prohibited for 3 years from the date of departure from the Russian Federation;
  • Clause 13. If a citizen has exceeded the permissible period of stay in Russia and did not leave within 180 days, but exceeded the limit of up to 270 days, in this case, the foreign person faces deportation for 5 years;
  • Clause 14. If the persons concerned did not leave the country within the prescribed period and have been staying for more than 270 days from the date of the end of the prescribed period, entry will be prohibited for 10 years. The last 2 points were amended and supplemented on December 31, 2014 by Federal Law No. 524-FZ.

Important!According to new edition, the effect of subparagraph 7 of part 1 applies to citizens of countries that have made a decision to ban the entry of citizens of the Russian Federation into the territory of these countries.

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The main reason for registration of entry into the Russian Federation of foreign citizens is written request v diplomatic mission or a consular organization of the Russian Federation.

Important! During international events, entry into the Russian Federation is prohibited for all foreigners, in respect of which there is information about the facts of violation of public order by them during public, sports and (or) other mass events.

Download Federal Law"On the procedure for leaving the Russian Federation and entering the Russian Federation" dated 15.08.1996 No. 114-FZ in latest edition.

ST 12.27 of the Code of Administrative Offenses of the Russian Federation

1. Failure by the driver to fulfill the obligations stipulated by the Traffic Rules in connection with a road traffic accident, of which he is a participant, except for the cases provided for by part 2 of this article, shall -

shall entail the imposition of an administrative fine in the amount of one thousand rubles.

2. Leaving by the driver, in violation of the Traffic Regulations, the place of a road traffic accident, in which he was a participant, in the absence of signs of a criminal offense -

shall entail deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

3. Failure to comply with the requirement of the Road Traffic Regulations prohibiting the driver to consume alcoholic beverages, narcotic or psychotropic substances after a road traffic accident in which he is involved, or after the vehicle has been stopped at the request of a police officer, before an authorized official carries out a survey in in order to establish a state of intoxication or before an authorized official makes a decision to exempt from such an examination -

shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

Commentary on Art. 12.27 of the Code of Administrative Offenses of the Russian Federation

1. A road accident in accordance with clause 1.2 of the Road Traffic Regulations means "an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, goods were damaged or other material damage was caused ". In the event of a road accident, the Road Traffic Regulations impose a number of duties on the driver involved in this event.

Part 1 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation established the driver's liability for failure to fulfill the obligations provided for in clauses 2.5, 2.6, 2.6.1 of the Rules of the Road, except for the cases provided for in Part 2 of the commented article 12.27 of the Code of Administrative Offenses of the Russian Federation. To the actions of the driver, forming objective side the analyzed offense, in particular, includes the failure to comply with the obligation of the driver to stop immediately, not to move the vehicle, provided for in clause 2.5 of the Road Traffic Regulations; turn on hazard warning lights and set an emergency stop sign; do not move objects related to the incident; take measures to provide first aid to the injured and send them to medical institution; if it is necessary to clear the carriageway, in the presence of witnesses, fix the position of vehicles, tracks and objects related to the road traffic accident, take measures to preserve them; report the incident to the police, write down the names and addresses of eyewitnesses, etc. Let us briefly comment on the possibility of the driver fulfilling the obligation to take measures to provide first aid to the injured. It seems that it is not always realistic to fulfill it, since drivers and other persons are entitled to provide first aid only if they have appropriate training and (or) skills (part 4 of article 31 of the Federal Law "On the Fundamentals of Health Protection of Citizens in the Russian Federation").

The objective side of the composition of the offense under consideration is also formed by the failure to comply with the established clauses 2.6 and 2.6.1 of the Traffic Rules, which allow leaving the scene of a road traffic accident, if there are no victims and disagreements between its participants in assessing the circumstances of the incident, but obliging to issue a road transport an accident either at the nearest road patrol post, or, in accordance with the Rules compulsory insurance civil liability of vehicle owners, without the participation of police officers (clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 18). Registration of a traffic accident (without the participation of police officers) can be carried out only if the following circumstances exist simultaneously: as a result of a traffic accident, only property (vehicles) has been damaged; the road traffic accident occurred with the participation of two vehicles, the civil liability of the owners of which is insured in accordance with the Federal Law "On Compulsory Civil Liability Insurance of Vehicle Owners"; the circumstances of causing harm in connection with damage to property as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road traffic accident. The above circumstances and damage to vehicles must be recorded in notifications of a road traffic accident, the forms of which are filled in by drivers of vehicles involved in a road traffic accident of vehicles, in accordance with the requirements of the Rules of Compulsory Civil Liability Insurance of Vehicle Owners, approved by the Government Decree RF dated 07.05.2003 N 263.

2. The actions of the driver who, in violation of the requirements of clause 2.5 of the Traffic Regulations, left the place of the road traffic accident, of which he was a participant, form the objective side of the composition of the administrative offense provided for in Part 2 of the commented article. As a rule, making such illegal actions, the driver is trying to evade responsibility for the committed traffic accident. The above actions of the driver form the objective side of the composition of these administrative offenses in cases where a road traffic accident occurred both on the road and within the adjacent territory.

3. Part 3 of the commented article 12.27 provides for the driver's liability for violation of the prohibition to consume alcoholic beverages, narcotic, psychotropic or other intoxicating substances after a road traffic accident in which he is involved, or after the vehicle was stopped at the request of a police officer , before conducting a survey in order to establish a state of intoxication or before an authorized official makes a decision to exempt from such a survey (clause 2.7 of the Road Traffic Regulations).

4. If administrative offenses are identified under Part 3 of the commented article 12.27 of the Code of Administrative Offenses of the Russian Federation, the driver is suspended from driving (). A survey is carried out for the condition alcoholic intoxication, medical examination intoxicated (Article 27.12 of the Code of Administrative Offenses of the Russian Federation). The vehicle must be detained and placed in a specialized parking lot ().

5. Protocols on administrative offenses are drawn up officials internal affairs bodies (police) ().

6. Cases of administrative offenses under part 1 of the commented article are considered by the head of the State Traffic Inspectorate, his deputy, the commander of a regiment (company, battalion) of the road patrol service, his deputy (), and under parts 2 and 3 of Art. 12.27 Administrative Code of the Russian Federation -.

RF Code of Administrative Offenses:

Article 12.27 of the Administrative Code of the Russian Federation. Failure to fulfill obligations in connection with a road traffic accident

1. Failure by the driver to fulfill the obligations stipulated by the Road Traffic Regulations in connection with a road traffic accident in which he is a participant, except for the cases provided for by Part 2 of this Article, shall -

shall entail the imposition of an administrative fine in the amount of one thousand rubles.

2. Leaving by the driver, in violation of the Traffic Regulations, the place of a road traffic accident, in which he was a participant, in the absence of signs of a criminal offense -

Clarifications of the Supreme Court of the Russian Federation

The objective side of the offense under Part 1 of Art. 12.27 of the Administrative Code of the Russian Federation

To the actions of the driver of a vehicle that form the objective side of the composition of an administrative offense, foreseen in part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, includes the failure to fulfill the obligations provided for in paragraphs 2.5, 2.6 and 2.6.1 of the traffic rules of the Russian Federation (for example, turn on the alarm and put up an emergency stop sign, do not move objects related to the incident, take measures to provide first aid to victims, call an ambulance medical assistance and the police).

The objective side of the offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation (leaving the scene of an accident)

Explanations contained in invalid paragraph 11 Resolutions of the RF Armed Forces dated 24.10.2006. No. 18

Clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 24, 2006 N 18 "On some issues arising from the courts when applying the Special Part of the Code of the Russian Federation on Administrative Offenses" contained the following clarifications:

Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation establishes responsibility for the driver's failure to fulfill the obligations provided for in paragraphs 2.5, 2.6, 2.6.1 of the SDA, in connection with a road traffic accident, of which he is a participant, with the exception of cases provided for in part 2 of the named article.

The actions of the driver that form the objective side of the composition of the administrative offense provided for in Part 1 of Article 12.27 of the Administrative Code of the Russian Federation, in particular, include:

failure to comply with the obligation provided for in paragraph 2.5 of the SDA to immediately stop, not to touch the vehicle; turn on hazard warning lights and set an emergency stop sign; do not move objects related to the incident; take measures to provide first aid to victims and refer them to a medical institution; if it is necessary to clear the carriageway, in the presence of witnesses, fix the position of vehicles, tracks and objects related to the road traffic accident, take measures to preserve them; report the incident to the police, write down the names and addresses of eyewitnesses, etc .;

failure to comply with the rules established by clauses 2.6 and 2.6.1 of the traffic rules allowing to leave the scene of a road traffic accident, if there are no victims and disagreements between its participants in assessing the circumstances of the incident, but obliging to register a traffic accident or at the nearest post of the road patrol service (clause 2.6 ), or, in accordance with the Rules of Compulsory Civil Liability Insurance of Vehicle Owners, without the participation of police officers (clause 2.6.1).

What actions of the driver are an offense under Part 1 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation?

The actions of the driver who left in violation of the requirements of paragraph 2.5 Traffic rules place road traffic accidents, of which he was a participant, form the objective side of the composition of an administrative offense provided for in Part 2 of Article 12.27 of the Administrative Code of the Russian Federation.

Responsibility under Art. 12.27 of the Code of Administrative Offenses of the Russian Federation occurs in the case when an accident occurred both on the road and on the adjacent territory

When bringing to administrative responsibility, provided for in parts 1 and 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, it should be borne in mind that the above actions of the driver form the objective side of the composition of these administrative offenses in cases when a traffic accident occurred both on the road and within adjacent territory.