Search for an administrative offense protocol. General rules for the preparation and design of the protocol. Is always a protocol on administrative offense

In this article, we will analyze the procedure for the preparation of the administrative protocol, and if more precisely, the question of whether the protocol is legitimate by the traffic police officer and the subsequent imposition of the decision on the case of an administrative offense?

Such situations are far from rare, especially in small towns and settlements. What is characteristic, the procedure for compiling an administrative protocol in practice is often violated.

To understand this issue, it is necessary to analyze the current Code of the Russian Federation. We are interested in the first place of the norm about drawing up the protocol by the traffic police officer.

So, according to Part 1 of Article 28.3 of the Administrative Code of the Russian Federation, administrative offenses are compiled by officials of authorized bodies to consider cases on administrative offenses in accordance with Chapter 23 of the Administrative Code of the Russian Federation within the competence of the relevant authority.

However, based on the meaning of articles 28.8, 29.1 of the Administrative Code of the Russian Federation, an official who has made a protocol on an administrative offense, is not entitled to consider this administrative offense on the merits. This is one of the peculiarities of the current COAP of the Russian Federation, which characterizes the procedure for compiling an administrative protocol.

According to Art. 28.8 of the Administrative Code of the Russian Federation Protocol on the administrative offense should be sent to consider the case by a competent person, which automatically implies the impossibility of consideration by the Protocol by the person who compiled a protocol on an administrative offense.

In accordance with Art. 29.1 Administrative Code of the Russian Federation The official who considers the case of an administrative offense is obliged to check whether the protocol is made correctly, whether other materials are issued, to establish whether the rights of persons involved in administrative responsibility are met.

In addition, based on the content of paragraph 10 of the Resolution of the Plenum of Sun No. 5 dated March 24, 2005, "On some issues arising from courts when applying the COAP of the Russian Federation, officials who have compiled a protocol are not participants in the proceedings on an administrative offense.

Thus, it should be concluded that the DPS inspector, initially the protocol on the administrative offense in relation to you, is not entitled to conduct administrative proceedings and decide on the case of an administrative offense.

In case you plan to use this circumstance as one of the grounds for submitting a complaint that the procedure for drawing up an administrative protocol is violated, it is recommended to indicate in the complaint that "Consideration of my business by an official who directly compiled the Protocol, knowingly personally and directly interested in The permission of the case is according to Part 2 of Article 29 of the Code of the Russian Federation the circumstance that excludes the possibility of consideration of my case. "

It can be further indicated in the complaint that after making the Protocol by the traffic police officer, in accordance with Article 28.8 of the Code of Administrative Offenses of the Russian Federation, the Administrative Offenses Protocol is sent to the official person to consider the administrative offense case during the day from the date of the protocol.

At the same time, the procedure for drawing up the administrative protocol, prescribed by the Administrative Code, does not provide for the direction of the Protocol itself, which would contradict the principles of the objectivity and legality of the consideration of the case.

According to CPA 29.4, when preparing for the consideration of the case, in case of incorrect compilation of the protocol, or the incompleteness of the materials presented, the protocol is returned to the official person who has made it. However, an official cannot return the protocol to itself to correct the mistakes and design of other materials of the case, as this is not provided for by the CAC.

But some judicial practice on this issue confirming my conclusions.

Judge of the Khabarovsk regional court Barabash N.Yu., examined on May 16, 2003, the case on a complaint about the decree on an administrative offense abolished this ruling, since "The participation of the same leading administrative and jurisdictional authority at the stage of initiation of the case on an administrative offense and its consideration is a significant violation of the procedural claims of the COAP of the Russian Federation."

Judge of the Novgorod city court of the Novgorod region Arzumanova TA, abolished 06 May 2004. The decision on the imposition of administrative recovery on Kupriyanov S.A., stating that "in violation of the principle of objective consideration of the case, the Protocol was drawn up, the case was considered and resolved The same official, which is also a significant violation of the procedural procedure for consideration of the administrative case provided for by law. "

Well, now, after reading this article, you know much more information about the procedure for compiling an administrative protocol.

Question: Tell me, please, the rules for drawing up a protocol on an administrative offense. Is it allowed when filling the DPS inspector recording protocol on the fields?

Ivanova Marina Yuryevna

Answer: The rules for compiling a protocol on an administrative offense are established by Article 28.2 of the Code of Administrative Offenses (Administrative Code of the Russian Federation).

According to part 1 of the title article on the commission of an administrative offense, a protocol is drawn up, except for the cases provided for in Article 28.4, parts 1 and 3 of Article 28.6 of the Code of Administrative Offenses of the Russian Federation.

At the same time, the protocol on the administrative offense indicates the date and place of its preparation, the position, the name and initials of the person who has compiled the Protocol, information about the person in respect of which the case was initiated about the administrative offense, names, names, patronymic, addresses of the place of residence of witnesses and victims, If there are witnesses and victims, the place, time of the commission and the event of the administrative offense, the Code of Administrative Offenses of the Russian Federation or the law of the constituent entity of the Russian Federation, providing for administrative responsibility for this administrative offense, an explanation of an individual or legal representative of a legal entity in respect of which the case was initiated, other information necessary to resolve the case.

In compiling a protocol on administrative offense, the physical person or legal representative of a legal entity in respect of which the administrative offense case was initiated, and their rights and obligations provided for in this Code are encouraged by their rights and obligations provided for by this Code, which is being recorded in the Protocol.

The physical person or legal representative of a legal entity in respect of which the work of an administrative offense was initiated, the possibility of familiarizing with the Administrative Offencing Protocol. These individuals are entitled to submit explanations and comments on the content of the protocol that are attached to the protocol.

In the event of a non-appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity, in respect of which proceedings in the case of an administrative offense, if they are notified in the prescribed manner, the protocol on the administrative offense is drawn up in their absence. A copy of the protocol on an administrative offense is directed to the person in respect of which it is drawn up, within three days from the date of the compilation of the specified protocol.

The Administrative Offense Protocol is signed by an officer, which made it, an individual or legal representative of a legal entity for which an administrative offense case was initiated. In case of refusal of these individuals from the signing of the protocol, it makes the appropriate entry.

The physical person or legal representative of a legal entity for which the administrative offense case was initiated, as well as the victim, a copy of the Administrative Offencing Protocol.

Sincerely, Malkin Oleg,
Lawyer of an independent analytical agency "

Good afternoon, dear reader.

An administrative offense protocol is a procedural document that can be drawn up by a traffic police officer when a traffic rules are violated.

142. The grounds for drawing up a protocol on an administrative offense are:

• identifying an administrative offense in the event that the consideration of the case on this administrative offense is not within the competence of the employee;
• the challenge of the code, in accordance with Part 1 of Article 28.6 of the Code, the Code of Administrative Offenses, the availability of an administrative offense and (or appointed administrative penalties appointed to it or the refusal of the appropriate signature in the decision on the case of an administrative offense;
• identification of an administrative offense committed by the minors who have reached the age of sixteen years;
• identifying an administrative offense, who does not entail the warnings committed by Sergeant, Stashina, a soldier, a sailor, passing military service, or a cadet of a military educational institution of vocational education before concluding a contract for the passage of military service.

The protocol must be drawn up in the following cases:

1. If the case of violation of traffic rules cannot be considered by the police officer. For example, cases on violations involving, are considered only by judges. Accordingly, they require compulsory protocol.

2. Disagreement of the driver with a violation. This is another popular situation. If the driver does not agree with the inspector, then instead of the ruling (or with it) a protocol is drawn up.

An important difference between the protocol from - the presence of the field "the explanation of the person in respect of which the case was initiated." In the protocol, you can specify your own vision of the situation. At the same time, it is necessary to use references to the rules of road traffic and other regulatory legal documents.

Since the final decision on the imposition of punishment will be made precisely on the basis of the Protocol, it is necessary to closely fill in the field "Explanation of Persons".

3. Violation of traffic rules of minors. This is possible, for example, when controlling vehicles M or subcategory A1.

4. If the violation is committed by a sergeant, a senior, soldier, sailor, cadet.

Procedure for the preparation of the Administrative Offense Protocol

The administrative offense protocol must contain the following data (Article 28.2 of the Administrative Code):

2. The protocol on an administrative offense indicates the date and place of its preparation, position, surname and initials of the person who has made a protocol, information about the person in respect of which the case of an administrative offense, surname, names, patronymic, the address of the residence of witnesses and victims was initiated, If there are witnesses and victims, the place, time of the commission and the event of an administrative offense, the article of this Code or the law of the subject of the Russian Federation, which provides for administrative responsibility for this administrative offense, an explanation of an individual or legal representative of a legal entity for which the case has been initiated, other information necessary to resolve the case.

The protocol must indicate:

• Date and place of compilation.
• Traffic police officer.
• Driver data.
• Data of witnesses and victims.
• Place and time of violation of traffic rules.
• Event of the administrative offense and the article of the regulatory document providing for responsibility.
• Explanation of the driver.

The text of the protocol is filled by a traffic police officer (except for the "driver explanation" field). After drawing up the document, the driver must be able to familiarize himself with it:

4. The physical person or legal representative of a legal entity for which the administrative offense case was initiated, the possibility of familiarizing with the Administrative Offencing Protocol should be provided. These individuals are entitled to submit explanations and comments on the content of the protocol that are attached to the protocol.

In addition, the driver can complement the protocol with its own comments that must be attached. Please note if the protocol remained empty of some fields or lines, then put the battles in them. It will save you from making a data document not in your favor.

After completing the protocol, it should be signed by the driver and the traffic police officer.

Note. The driver needs be sure to fill the field Explanation, and then sign a protocol. For some reason, in practice, many drivers refuse to sign the document. I do not know what they think about this moment. However, the absence of even an elementary explanation leads to the fact that it is not solved in their favor.

If the driver refuses to sign the protocol, then the corresponding mark is made in the document. The protocol does not become invalid. Just explanations and driver signatures in it.

After drawing up the document, the driver receives its copy (Article 28.2 of the Administrative Code):

6. The physical face or legal representative of a legal entity for which the administrative offense case was initiated, as well as the victim, a copy of the Administrative Offencing Protocol.

Deadline for the Protocol on Administrative Offenses

The term of the protocol is regulated by Article 28.5 of the Administrative Code:

1. The Protocol on the administrative offense is made up immediately after the detection of the administrative offense.

2. In the event that additional clarification of the circumstances of the case or data on the physical person or information about a legal entity for which the administrative offense case is initiated, the administrative offense protocol is drawn up within two days from the date of detection of an administrative offense.

3. In the case of an administrative investigation, the Administrative Offencing Protocol is drawn up at the end of the investigation within the deadlines provided for in Article 28.7 of this Code.

In practice, in violation of the rules of the road, the first item of the article is commonly used, i.e. the protocol is made up immediately. However, if necessary, drawing up may be postponed.

Appeal of the Administrative Offense Protocol

The preparation of a protocol on an administrative offense initially provides for the possibility of its appeal.

However, if you are going to appeal the document, you will be able to work immediately:

SecondlyFill in the "Driver's Explanations" field. First, write in it the phrase "disagree". After that, write how it really was. In conclusion, write that you have photos, audio and video recording from the event.

Also, do not forget to figure out empty places in the protocol to eliminate unauthorized addition of information.

ThirdlyPrepare for the disaster in the traffic police (or to the court). Once again, carefully analyze the situation. Print items related to it. Check that the protocol is correct, look for possible fill errors in it.

If you feel that the protocol does not work independently, please contact a competent lawyer or describe the situation on the PDDClub.ru forum. Perhaps experienced people will be able to pay attention to those moments that were missed by the driver.

In conclusion, I want to note that the protocol is not so difficult to challenge. The main thing to be ready for such developments of events and timely start collecting evidence in your defense.

Good luck on the roads!

Hello 25.06.16 A protocol for the management was drawn up in a non-sober form I signed it all and gave explanation that I drank but in the protocol, the name of the DPS officer was not indicated if it is possible to appeal

Good luck on the roads!

hello. Please tell me 04.06.2016 the protocol was drawn up under Article 12.8.Ch2. And the hearing was appointed only on 11.11.2016 because the statute of limitations have already passed possible by the decision to deprive rights

The statute of limitations on this article is one year.

vladimir-200

Tell me, I have an article 12.26 h 1. There were 2 courts, at the court when interrogation of DPS employees was asked a question from the judge. Did I breathe into the phone in place? They answered yes breathing but bad. The question is what I have in the Protocol in the Protocol point, there is no inspection act in place and it is not at all it did not start, there is no number of the act of medical examination, although this act is in the case but where there should be a number in the act written without a number. And in the same graph, the number of the protocol on the detention of the vehicle, but the administrative offense protocol was drawn up in 21-45 minutes and the protocol on the detention of the vehicle was drawn up at 22-20min. And in points of witnesses and the victims are not understood. Tell me what benefit can you extract from these shortcomings or are they minor?

Good luck on the roads!

Hello - if I do not agree with the protocol - then you should then go to parsing or in court? And if the protocol, with which I do not agree, is far from home? Will you then do not even go for hundreds of kilometers?

Alexey-240.

A petition for consideration of an administrative offense case at the place of residence on a separate sheet will appear.

In the case of a statement of a petition for the direction of the case to consider it at the place of residence in drawing up a protocol, such a petition is submitted to the Protocol.

and in the name of whom to write a petition - if you do not know who the judge is his name and so on? And if they guide even at the place of residence - the traffic cop will have to come to me on the analysis?

Igor, try to call the specified court and find out, on whose name to write a petition.

The likelihood that the traffic police officer will come at the place of your residence, quite small. That is why things are usually transferred at the place of residence, because Win it is easier.

Good luck on the roads!

Hello! Help bring the problem. After drawing up the protocol, drunk driving using 250 grams of vodka, DPS employees did not arrest the car, and advised to sit at hell and continue the movement. This is a violation

Novel, Hello.

For what reason are the police refused to evacuate the car? With the indicated violation, the car should send to the specialist.

Did you have any difficulties due to the fact that the car was not taken?

The DPS inspector during the preparation of the protocol did not ask if I work, and I myself indicated that I did not work. Whether this is the basis, recognize the protocol is not correctly compiled.

hello. The accompanied DPS was stopped for a temporary overtaking sign banned with departure to the oncoming lane (it was the dotted line divided). Summary from the car gave the documents and after a minute they were given them back with the words "up to date". Relax: 1. Whether they can later Create, writing disabled and type "from the signature"? 2. if used the protocol all the same, did they have to say about it in the traffic police department? It was in the traffic police only given a certificate that there are no fines and the rights are not deprived of this violation. Nothing said.

NovelThe probability of challenge the penalty for the reason you indicated is extremely small.

Good luck on the roads!

Alexander-601.

Hello the question is such a refused medical examination. The date of the court was appointed .. but not waiting for the court caught a drunk in the end two violations and two protocols. Please tell me what punishment is waiting for me?

Alexander, Hello.

There will be 2 independent punishments: under part 1 of article 12.26 and under part 1 of article 12.8. In the amount of 60,000 rubles fine and from 3 to 4 years of deprivation of rights.

Good luck on the roads!

Stanislav-38.

This situation is: I refused to examine. Subsequently, I fell asleep on the video as a traffic police officer fills a clean protocol in which the signatures are already understood that at that time have already left. Subsequently, with the original of this protocol, I was not familiarized with me. According to the copy, I refused in the protocol. Maybe this is a reason for the cancellation of this protocol and return to me right.

Stanislav-38.

Above the text filmed

Good luck on the roads!

Good day! I started overtaking on the intermittent line, drove on the head of the oncoming movement through the intermittent, and the maneuver had to finish it through solid. So approves the traffic police officer, I don't remember exactly, I just started the maneuver on the intermittent. An employee showed me a record of the registrar from the traffic police machine (I don't understand anything there). The employee also compiled a diagram that I refused to sign, since I was not sure about its accuracy. The DPS officer immediately did not introduce himself, the documents did not prevent. Stopped witnesses, witnessed that I refused to sign the scheme. Compiled a protocol, where I indicated that the line was intermittent, and there was a strong fog. He said that the court will be and the question of deprivation of rights from 4 to 6 months. Did no sleep that I did not sign the scheme loudly at my witnesses said that adequate people who recognize the violation, he sends to the duty part, which has the right to write out only a fine, and since I am inadequate - I do not recognize the violation, I will send me to walk on foot. I said that with a violation I agree if it was really confirmed on the video, but I'm not sure about the scheme, since they have a video, let the court relies on video. The protocol was in the protocol not specified the registrar number and the recruitment date of the recorder. But in the section "To the Protocol is attached" it is written that the scheme and video is attached. In the section "Location and time of consideration of an offense" is written: mine .... district, village, ... Battalion DPS, date, time. What to do, what to expect, in what form will be a call to court, or should I go to this DPS battalion at the specified time ?? On the traffic police website no fines by my car / right number I do not find - how soon there should be any information there ??? Thanks in advance for any advice and advice. I rarely break, what to wait - I do not know.

Olga, Hello.

As far as I understand, you have no confirmation that the overtaking was finished through intermittent.

In this case, it makes sense to go to court and repent there in violation. This will be the judge will be able to choose a penalty in the form of a fine instead of deprivation of rights.

Good luck on the roads!

Dmitry-420.

Hello! I was stopped by a traffic police officer, somewhere by calling, he suggested that I drive to honey. Intelligence, but I refused. He drawn up a protocol as it should be with understood, on the camera, I was signed everywhere ... But he made a mistake in the place of my birth, but from the bottom made me write that I was familiar with these fixes and agree, plus painting. It seems that everything is waiting for the court. Begins calls with the requirement to come to the traffic police to remake the protocol, allegedly they cannot transfer the case to the court because of this error ... Question.

Administrative or criminal case initiate after the Administrative Offenses reported. It is customary to be made when the presence of such a violation was detected by officials.

Exceptions may be those cases that provide Art. 28.4 (the case was excited by the prosecutor), and another part 1 and 3 of Art. 28.6 Administrative Code (warnings, fixation on the camera).

Administrative Offenses Protocol: General Information

1. place and accurate date of where it was compiled;
2. specifying posts, the FIO of the person who was compiled by the Administrative Protocol;
3. data on the violator;
4. Name, registration of witnesses affected by etc;
5. the time segment and the place of violation itself;
6. article of the Law of the Directory of the Russian Federation, the Administrative Code, which provides for responsibility;
7. explanatory persons who are witnesses or held in the case;
8. any other important information.

Those persons against which explain in detail the list of their rights and responsibilities during the fill in the protocol. It is also logged. These individuals must be familiar with the Administrative Office Protocol, the list of their rights has the opportunity to write explanations and make supplements. A copy of the administrative protocol is awarded to a person falling under the initiation of the start of office work. She is still awarded the affected side.

What is the difference between the protocol from the decision on the administrative offense of the traffic police?

Administrative Offenses Protocol

The protocol signed the person who was engaged in compiling. Also the signature puts fis. A person or a representative of the case from JUR. Persons. It is allowed to refuse to sign the protocol of those persons or their representatives relative to which this case was excited. This is fixed in the protocol.

Please note that the fact of refusal to sign a protocol on an administrative offense is simply documented, and it still gets the move.

The administrative protocol is immediately after that a violation has revealed. In the event that you need to find out more of the data on Phys. The face that is a violator, or other circumstances, then AP is in a period no later than 2 days since the violation revealed. If an administrative investigation is underway, then the protocol at its very end is.

When performing violations, it may be limited to the warning or appointment of the fine. AP does not make up in this situation. The person authorized for such actions makes a resolution. It happens on the place where the violation is committed.

Decree on administrative offense

That is, the protocol is drawn up in case of challenging the availability of an event of an administrative offense, and the ruling when a citizen recognizes its guilt. The decision is made a punishment, which can be appealed, in the protocol only describes evidence of an offense. That is, if the driver recognizes his guilt, it has the right to immediately write down the decree on an administrative offense. It is possible to appeal the ruling within 10 days. The protocol must be considered at the traffic police commission, while the person who compiled the Protocol to whom.

A copy of the decree on the administrative offense is issued on receipt to the person, relative to which it is carried out. The same copy is issued by the victim. This is done at his request.

AP begins to be drawn up when the fact of the event of violations is disputed, admin. punishment, etc.

If the offense is filmed by the camera, then the administrative protocol is not compiled. The decision on the case is taken to be taken without the participation of the person who has committed a violation.

A copy of the ruling, in this case, is usually sent by registered letter ("Letters of Happiness"). The deadline for sending is not more than 3 days from the moment when the decision was made.

Video: Tricks traffic police. The difference between the protocol and decree.

Features of the preparation and completion of the Administrative Office Protocol by the traffic police inspector

1. If the traffic police inspector offers to sit in the DPS car

If a proposal came to sit in the DPS machine for registration of the protocol, then you make a decision to answer acceptance or refusal. There is no such regulatory act that would oblige you to be forced to sit in the DPS car in order to begin the start of the process of the Ap.

2. Witnesses

When the passenger is also located in your car, it will also be better to get out. This significantly reduces the risk of attempts to commit any "divorce" and often helps to avoid punishment for a truly perfect unnecessary offense. The exceptions, of themselves, are grave offenses: driving drunk, serious accidents, etc.

The presence of a witness forces the traffic police inspector thoroughly think through every word or action. If you are already in the DPS car, you can give a possibility of a witness completely and without obstacles to listen to your conversation. The inspector may ask for an extraneous to retire, but you should declare that this person is your witness.

You can also reference and focus on the decree on "citizens' guarantees for information" from the relevant subsection about "voice recorders, camcorders and cameras". Be sure to turn on the sound record if you have a device with a similar function and such an opportunity.

3. Delays with registration of the administrative protocol

Logging should begin immediately. To this obliges Article 28.5 of the Administrative Code. The delay is already an administrative violation of the traffic police inspector under Art. 12.35 Administrative Code. If there is a tightening of the process without reason, then offer the inspector to take up the compilation of the detention protocol. So you are directly hinting that the inspector does not have a reason for your detention.

4. Acquaintance with the Protocol

Hand-issued protocol read with marginal attention and tranquility. Know that the inspector will try to hurry you, and in some situations will try to even snatch the document from the hands. It is worth reminding the inspector that you are endowed to enter your explanations, and such actions of the inspector can be interpreted as a violation against you.

• in subparagraph "Facial explanations", it is better to enter: "I do not agree";
• if there are no diagrams and other figures, then specify "the scheme was not composed." This eliminates the fact of the subsequent addition to the Scheme protocol itself by the traffic police inspector itself, which can record the "TC driver refused to sign up." If the scheme was composed, but there is only one instance, then specify: "Copy of the scheme I was not issued";
• Before you sign the scheme, specify: "I do not agree." It is made very approximately, there are no necessary measurements, bindings to the area, etc. Your disagreement with this is quite logical.

5. did not fit witnesses in the Administrative Offense Protocol

When you are with the passengers, it means that you have witnesses. If the witnesses refuse to bring to the AP, insist on the inscription. The inspector may refuse, motivate the refusal by the fact that these persons are interested, etc.

In this case, in the explanation to the protocol on the administrative offense, write: "I urge the fact that the IDPS responded with refusal to make witnesses to this protocol in this Protocol. It is possible that he was frightened that witnesses would be told by truthfully. I did not find a different reason for failure. " If there are no witnesses near, it is worth putting "z" in this graph so that the witnesses are not found "random".

6. Apply a petition

Video: How to submit a petition when drafting the administrative protocol of the traffic police?

Remember that you have the right to submit a petition for the fact that the case is regarded where the vehicle is registered, and at the place of your stay. The petition will be better to deliver an administrative offense protocol. Keep your own ready forms of petitions at hand and be prepared for similar situations. So you can win extra time and calmly understand the situation, resort to help and adhere to the recommendations of a lawyer.

If you know what to write about and write an explanation and already in place, but in the protocol there is little free space, then you can use a separate sheet. The protocol has a graph "Facial explanation". It is necessary to write in it that these explanations you attached to the protocol and on a separate sheet of paper. Make entries on such a separate sheet of paper better "under the copy", which you have prepared in advance. She should always be close in an easily accessible place in your car.

The next step will be found in the protocol to the place where you need to sign that the traffic police inspector made clarification of your duties and explained the rights. If he or dug out of clarifications, or a proposal was received to familiarize himself with them where they are painted on the revolving side in the protocol, then instead of signing, put a dashboard or word: "No".

To the protocol in this way, you can apply any other important and necessary documentation. The main thing is that it is necessary to fix it in the protocol.

7. We get a copy of the protocol

The final stage should offer from the traffic police inspector to sign the Protocol. Before the signature, you must specify the ability to pick it up. If the inspector responds negatively, then the reason should be clarified and refer to the fact that the administrative offense protocol has already compiled and the inspector has already signed.

The traffic police inspector, which is located in the DPS car, has no right to draw up a protocol. If you were stopped by one inspector at that very point in time when the second was engaged in the logging of a violation of another driver, it turns out that he physically could not observe the violation for which you were stopped. It is worth making an emphasis on this fact. This is a very important point.

D Anna article - a visual methodological manual for the design of protocols. It will help you correctly and quickly create a protocol. It will come in handy and when you decide to teach this colleagues to save yourself from the need to correct the mistakes allowed.

Title of type and accessory to systems and subsystem documentation

The protocol is a document that fixes the course of the meeting and the procedure for making decisions by a collegial body.

Mandatory logging are subject to:

• meetings of permanent collegial bodies of state and management, municipal governments, management bodies of enterprises and organizations (general meetings of founders, shareholders, meetings of the Board of Directors, Board of Committees, Commissions, Directorates, etc.) and
• one-time or periodically convened conferences, meetings, meetings.

Reflection in the purpose of creating a document management principle of collegiality, collegial decision making allows us to talk about the protocol as about independent form of the document.

The protocol is a document relating primarily to the system of organizational and administrative documentation. Protocols are managerial administrative documents (refer to the regulatory documentation subsystem), which perform management and legal functions, and the legal function of the protocol is a priority and acts on the fore.

But the document with the title "Protocol" applies in the process of documenting and many other activities.

In educational and scientific institutions, the Protocols record scientific achievements and discoveries, acceptance for training, opening specialties, education standards, assigning professional qualifications, degrees and titles, election to positions and other issues. Such protocols refer to systems of research or educational and methodological documentation (to their specific subsystems, depending on the purpose of creating a protocol and its content).

In business practice, business meetings are drawn up, protocols about intent, protocols for transferring confidential information, disagreement protocols and others, in which not managerial decisions are recorded, and the agreements and the parties achieved (ie, collegial, collective, and not a "commission", how sometimes they say wrong) Consent to issues of mutual interest. Such protocols can be attributed to the subsystem of information and reference documents of the system of organizational and administrative documentation or to the subsystem of civil contractual contractual documentation of the same system, since They consolidate the implementation of contracts and agreements, the interest and possible spheres of cooperation are confirmed, and the main conditions for the conclusion in the future of specific transactions are fixed.

The protocols created to confirm the calculations are included in the subsystem for cash transactions of the banking documentation system.

According to some functions of personnel management, protocols of meetings of certification and qualifying commissions are drawn up, which are included in the special subsystem of personnel documentation.

Protocols of general meetings of shareholders (and documents for them), the mandatory composition of which is established by the Civil Code of the Russian Federation, the Federal Law "On Joint-Stock Companies", the requirements of the regulator - the Federal Service for Financial Markets, form a subsystem of organizational documents, on the basis of which a special subsystem has already been formed constituent documentation, and at present we can talk about the process of forming a subsystem / system of documentation that ensures the procedure of corporate governance.

Protocol classification

All types and varieties of protocols, regardless of the personnel to the system or the documentation subsystem, are classified for two reasons - a method for documenting and the degree of completeness of the recording of the meeting, which act simultaneously. So, according to the degree of completeness, the protocols are divided into brief and complete.

Full protocols can be detailed text (text documentation method), stenographic (text method using special symbols that must be decrypted when the protocol is design), phonographic (sound recording), video protocols (Video calling is applied, especially when conducting video conferencing). They contain the record of the entire meeting, including replicas, questions, comments, speeches and references in the course of the meeting, noise, applause, etc. Depending on the method of documenting.

Short protocol Consistently records the names of the chairman, the secretary, the composition of those present, the list of issues considered and the decisions taken. A variety of a brief protocol is a protocol on the reduced form, which provides for a brief consistent presentation of the issues considered by the "Question - the decision-made" scheme.

The protocol is conducted during a meeting with a specially selected or appointed person or secretary of the permanent collegial body by office, and the Protocols of Operational Meetings, which are under the chairmanship of managers, lead and declare secretaries or assistants of managers.

The Secretary of the meeting during the design of the Protocol uses documents prepared for the meeting: the agenda, the lists of the invited, lists of the members of the collegial body, the texts of reports, speeches, information references, draft decisions, etc.

Compiled directly at the meeting Protocol is a draft. It should be clarified, drilled with a transcript or phonogram (if a transcript was conducted at the meeting or recorded on the voice recorder), edited and decorated no later than 3 or 5 days from the date of the meeting. These time or other standards for the timing of the Protocol preparation for signing - "On the Day of the Meeting", "no later than the next working day", etc. - Usually regulated by provisions on relevant collegial bodies and job descriptions / official regulations of the secretary of a particular collegial body.

Protocol form

The protocol is the main managerial document of collegial management and is almost always drawn up as a multi-page document. Therefore, when making the first sheet of the protocol, it is necessary to use a common form of organization or enterprise, and if there is no common form, the protocol is drawn up on the sheets of A4 paper sheets with the location of the details according to the common form.

If the form for designing the first sheet of the protocol is not used, the details are usually drawn up by the longitudinal method (along the top of the paper sheet) centered.

The typical form of the protocol includes the following mandatory details:

• full name of the organization or enterprise;
• name of the type of document (protocol);
• date;
• index (in protocols that belong to the administrative documents);
• place of drawing up;
• header;
• text;
• signatures.

Additional details of the protocol are:

• name of the structural unit;
• marginal assertion;
• mark on the availability of applications;
• place (room, office) and meeting time;
• surname and initials presiding for the meeting, meeting;
• the signing date of the protocol;
• voting method (open, secret, absentee).

Features of the design of mandatory details of the Protocol, as well as the availability, number and rules for the design of additional details, the features of the form are determined by the requirements of the current legislation, customs of business turnover or a specific management situation. But all the features of the design are based on general algorithmwhich has historically developed in the process of drawing up and designing a protocol as one of the main types of administrative documents.

Title Protocol

To ensure the legal force of the Protocol, it is necessary to arrange correctly full name of the organization or enterpriseWhich is recognized as registered in the Unified State Register of Legal Entities The name of the legal entity in accordance with its constituent documents and the charter (i.e., with the obligatory indication of the Organizational and Legal Form):

Example 1.

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Limited Liability Company "Your partner"

Example 2.

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CLOSED JOINT-STOCK COMPANY "ABVGD"

Name of the structural unit (Additional proptomy props) is usually issued on the document in the following cases:

• the protocol records all types of collegial activities in a separate division of the enterprise (see example 3);
• the protocol is drawn up meetings (primarily operational), which are carried out in one of the internal structural divisions of the enterprise (see Example 4).

Example 3.

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Limited Liability Company "Company" Fifth Element "
Branch "North West"

Example 4.

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OPEN JOINT STOCK COMPANY "REMMEKHANIZATION"
Accounting and Tax Reporting Department

The names of the structural divisions in the protocol must comply with the exact names enshrined in the organizational structure scheme, staffing or other internal documents of the Organization.

Name of the type of document (protocol) It is always executed by capital letters and is located one or two lines below the name of the enterprise or the structural unit (with the longitudinal location of the details of the centered method).

date The protocol is the date of the meeting, and not the final design and signing of the document. If the meeting of the collegial body continued for several days, then the protocol indicates the date of its beginning and the date of the end. Date design methods may be different. For example, a digital method:

Example 5 Digital Date Design

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Example 6 Digital method of registration of the date of the meeting, which lasted 2 days

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04.05.2011 - 05.05.2011

The digital method is used mainly when making dates of operational meetings and meetings.

When making a date in protocols of collegial bodies (higher governing and executive bodies), the alphanumeric method is advantageous.

Example 7 alphanumeric way date

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Example 8 Registration of the date of the meeting, which lasted 2 days

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The date is located in one line below the name of the type of document or above the special restrictive line in the overall form.

Index (number) The protocol is drawn up on the same line as the date of the meeting on the restrictive line in the overall form or within the total area allotted for the date and index in the header part of the document. The protocol index is a sequence number of the meeting within the calendar year or within the term of office of the collegial body. It should be noted that when placing indexes from No. 1 to 9, it is necessary to use at least two characters. For example, the simplest indices correctly denote: "№ 01", "№ 07", etc. (See Examples 7 and 8).

Props "Place of compilation or publication" It is drawn up on a separate line below the date and index (with the longitudinal location of the details - in the center of the next line).

This props contains the name of the geographical point, in which a meeting of the collegial body actually took place. Conditional abbreviations used in the designation of geographical names must comply with the rules for providing postal service services.

Example 9.

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kolomna Moscow Region.

Example 11.

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from. Maleevo Kolomna district
Moscow region

As header The protocol is issued brief formulation of the view of the meeting (type of collegial activity) in the parental case, which is consistent with the title of the document (protocol - what?), the title of the collegial body and begins with a capital letter.

Example 12 Corner location of the protocol design details

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Example 13 Longitudinal location of the propulsion propulsion

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The protocol header as a view of the meeting is drawn up by one or two rows below the details "Place of compilation or publication" necessarily from the boundary of the left field or on the area marked in a general blanket with the restrictive corners in the upper left corner of the paper sheet. This location is also necessary for the longitudinal, and at the angular location of the details (see examples 12 and 13).

The text of the protocol is the most complex propulsion and consists of two parts - the introductory and main. The introductory part of the text is strictly formalized. It provides information about the composition of those present at the meeting and agenda (a list of issues issued for discussion), which are quite independent elements of the text and are formulated according to the standard rules.

The composition of those present It is drawn up two lines below the type of meeting from the border of the left field and begins with the instructions of the Chairman and the Secretary of the meeting. The names of the chairman and the secretary are made after a dash, the initials follow the last name.

Example 14.

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Chairman - Markov S.V.
Secretary - Petrova A.I.

The names and initials attended at a meeting of permanent members of the collegial bodies (elected or part of the board of office) are listed according to the alphabet of the names without the name after the word "attended:", which is made up with two lines below, be sure to border the left field, and ends with a colon. The names of those present are drawn up over the entire width of the string through one line interval.

Example 15.

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Present: Borisov A.M., Vinogradov V.V., Gromov P.S., Dmitriev P.E., Ivanov L.M., Fomin P.P.

If more than 15 people are part of the members of the collegial body, the composition of those present is indicated quantitatively, and the sfamile list is attached to the protocol, which is made.

Example 16.

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Present: 20 people (the list is attached)

Surnames and initials of invited officials who are not members of the collegial body, but attended the meeting, are listed after the words "invited:". It is drawn up from the border of the left field with two lines below the words "were present:" and ends with a colon. Positions of these individuals are customary to indicate.

Example 17.

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Invited: Client Manager Ageeva N.O., Head of the Customer Service Department Kotova L.P.

The list of issues issued for discussion and decision making a collegial body is issued after words "Agenda:"which are located on the border of the left field with two lines below the composition of those present and ends with a colon.

Each issue of the agenda is formulated with the pretext of "O", answers the question "What?" and contains an indication of positions, surnames and initials of the speaker. Moreover, the word "rapporteur" in the protocol is not used correctly is the speech formula: "Report - (whose?) Position, surname, initials."

Questions are numbered by Arabic numbers, are located on the agenda to the degree of their significance (or in accordance with the estimated discussion time) and are issued from the Red Row.

Example 18.

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Agenda:

1. On approval of accounting policies for 2011
   Report of the Deputy Chief Accountant Krasnova A.I.
2. On the preparation of a credit application to the Moscow branch of the North-Western Bank (OJSC).
   Report of the head of the legal administration of Smolina A.G.

The agenda items must be formulated clearly and specifically, since they are actually actually headers to the subsequent text of the protocolwhich will be made on the items in the sequence of consideration of the issues at the meeting.

The wording "different" on the agenda of the executed protocol is considered inappropriate, because The document is drawn up after the meeting took place when it is already possible to accurately formulate all the issues considered.

Even in cases where the agenda of the meeting is issued as an independent information document and is sent in advance to participants in the meeting and members of the collegial authority, the formulations of all discussed issues should be made to the text of the Protocol. The mark in the text of the protocol: "The agenda is attached" is unacceptable, even when the agenda is formed into the case together with the protocol as a separate information document.

The main part of the text of the protocol, i.e. the entire course of the meeting and the decisions taken, the secretary of the meeting is, working almost as a synchronous translator, only speech "translates" from oral form (often spontaneous, emotional and not always prepared) in writing, i.e. . Ordered, built on speech models, mainly with the direct order of words and the use of special vocabulary and the terms of business style.

The main part of the text of the protocol is built in accordance with the agenda items on the sections. Each section, reflecting the course of the meeting, consists of three parts: listened - they performed - decided (solved).

The word "listened" is numbered in accordance with the number of the agenda item, it is drawn up from the boundary of the left field with capital letters and ends with a colon. Next, the surname and initials of the Rapporteur are drawn up from the Red Row (listened to who?), The content of the report is briefly written in detail. The presentation is usually conducted from a third party of the only number in the past time:

Example 19.

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1. Listened:

Krasnova A.I. - reported on the main provisions of the enterprise's accounting policy for 2011, noted that it was completely redesigned due to changes made to the Tax Code of the Russian Federation. Suggested to approve the accounting policy of the enterprise for 2011

If the text of the main report was prepared in advance and after consideration of the issue was transferred to the Secretariat / Secretariat of the meeting, then when presenting the text it is convenient to use another reception: briefly formulate the topic of the report in accordance with the agenda and after the point to make a mark: "The text of the report is attached."

Example 20.

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1. Listened:

Krasnova A.I. - On the main provisions of the company's accounting policy for 2011. The text of the report is attached.

At the same time, a pre-prepared report must be decorated, signed and dated by the author so that it can really be issued as an independent application document to the protocol.

The word "performed" is drawn up from the border of the left field with capital letters and ends with a colon. The surname and initials of each of the protruding are drawn up from the Red Row and are indicated in the nominative case (they performed - who?). After a dash in the form of indirect speech, a brief or detailed content of the performance is recorded.

All questions for the speaker and speaking, as well as the answers to them are recorded in the order of their receipt and are also drawn up from the Red Row. The surname of the facial defined question is allowed not to indicate.

Example 21.

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Question: Is all fixed assessment groups reflected in accounting policies?

Yes, all groups that are needed for the correct reflection of fixed assets in accounting at our enterprise.

SolutionsAdopted collegially on each of the issues discussed are recorded after the word "decided" or "decided." These words are the terms of business style reflecting the decision on the basis of the principle of collegiates (meant the pronoun "we"). In business practice, each term consolidated its own sector of use in the preparation of protocols. Thus, in the protocols of general meetings of shareholders, founders, meetings of the Board of Directors, collections of labor collectives, meetings of employees (within the framework of self-government established and authorized by the Corporate Code), the initiative groups are the right to use the term "decided" (the activities of the highest collegial bodies are issued, " power"). In the minutes of meetings of committees, boards, working groups, operational meetings and other collegial executive bodies ("Operational Management" is issued) the term "decided" is considered correct.

This word is drawn up from the boundary of the left field with capital letters and ends with a colon. From the Red Row on the points briefly and accurately formulate administrative actions that should be numbered in accordance with the issue number on the agenda. The number of the decision consists of two parts, separated by the point, while the first digit corresponds to the issue number on the agenda, and the second number of the decision on this issue (after all, it is often that several decisions, orders are made on one issue of the agenda items. See Example 22.

The item establishes the legal standard ("regulatory") is formulated according to the standard speech model: what to do - in which (from which or on) term? See Decision 1.1 In Example 22.

1. who - what to do - what time? (See Decision 1.2 in Example 22) or

If the decision was made by voting, its results are made in shape: "For - 10, against - 0, abstained - 2" or "unanimously". Compliance with this form is required when decisions are made on the appointment, election or approval of candidates or on the personal composition of the Commissions, Committees, etc.

Read about cumulative voting in the article Sergey Rossola

Regulating part of the protocol

Signatures The chairman and secretary of the meeting are issued on the edited and convertible protocol. They are located three-four lines below the text from the border of the left field and are separated by one line. In decodents of signatures, initials are located in front of the surname. Personal signatures of the chairman and the secretary are made on the original protocol.

Example 24.

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Since the protocol is an internal administrative document of the enterprise, its certificates Printing is usually not required.

Copies (photocopies) of the decorated and signed protocol or discharge from the protocol, which are necessary in the process of documenting the document for execution, has the right to certify the Secretary (secretary of the meeting or secretary of the Colleaginal authority), correctly issuing a mark on the certification of the copy. If a copy or extract from the protocol is used within the organization, then printing on it (as well as the protocol itself) is not put. If the extract or copy of the protocol is designed to use outside the walls of the native organization, it is worth putting print printing.

Example 25 Marking of Copy Protocol

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Some varieties of protocols are subject to approval by the first head of the enterprise or organization. For example, the minutes of meetings of the Expert Commission of the Organization, the Expert Commission on the Assignment / Removation of Grys Restriction of Access to Information and Documents of the Organization, the Protocols of Meetings of Project Groups / Design Offices in Project Management, etc.

The statement is issued by a vulture, which is located in the upper right corner of the document and consists of the word "argue", the abbreviated name of the manager's position (since the full name of the organization or the enterprise is indicated in the header part of the document or in general form), personal signature, its decoding and Approval dates.

The features of the protocol of the General Meeting of Participants in LLC and the Protocol of Shareholders in JSC are dedicated to the article of Sergey Rossol "Protocol of the General Meeting of Shareholders and Participants" in the journal "Customs Proceedings and Document Driver at the enterprise" No. 4 "2011 on page 33

How to hold a general meeting of shareholders / participants in AO and in OOO, read Article Sergey Rossola "Annual Assembly in Economic Societies" in the journal "Discovered and Document Driver at the enterprise" No. 3 "2011 on page 62