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Intentional failure to comply with the requirements of the prosecutor arising from his powers established by federal law, as well as the legal requirements of the investigator, inquiry officer or official conducting proceedings in a case of an administrative offense -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles or disqualification for a period of six months to one year; for legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of activities for a period of up to ninety days.

Note. The provisions of this article do not apply to matters regulated by criminal procedure legislation Russian Federation relations related to the prosecutor's supervision of the procedural activities of the inquiry bodies and preliminary investigation bodies.

Chapter Contents

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Official text:

Article 17.7. Failure to comply with the legal requirements of a prosecutor, investigator, inquiry officer or official conducting proceedings in a case of an administrative offense

Deliberate failure to comply with the requirements of the prosecutor arising from his powers established by federal law, as well as the legal requirements of the investigator, inquiry officer or official carrying out proceedings in a case of an administrative offense - entails the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles ; for officials - from two thousand to three thousand rubles or disqualification for a period of six months to one year; for legal entities - from fifty thousand to one hundred thousand rubles or administrative suspension of activities for a period of up to ninety days.

Note. The provisions of this article do not apply to relations regulated by the criminal procedural legislation of the Russian Federation related to the prosecutor's supervision of the procedural activities of inquiry bodies and preliminary investigation bodies.

Lawyer's comment:

This article defines the circle of persons who are subject to administrative liability for failure to comply with legal requirements. Such persons include a prosecutor, an investigator, an inquiry officer, as well as an official conducting proceedings in a case of an administrative offense. In accordance with Article 6 of the Federal Law of November 17, 1995 No. 168-FZ "On the Prosecutor's Office of the Russian Federation", the demands of the prosecutor arising from his powers, including those listed in Articles 22, 27, 30 and 33 of this Law, are subject to unconditional execution in fixed time. When implementing the functions of general supervision assigned to the prosecutor, which includes supervision over the observance of the rights and freedoms of man and citizen as government agencies, local government bodies, and management bodies and heads of commercial and non-profit organizations, the prosecutor has the right to demand from managers and other officials of federal bodies executive power, representative and executive bodies constituent entities of the Russian Federation, local government bodies, military command and control bodies, control bodies for the provision of necessary documents, materials, statistical and other information, allocation of specialists to clarify emerging issues; conducting inspections based on materials and appeals received by the prosecutor's office, auditing the activities of organizations controlled or subordinate to them. Officials of the bodies listed above are obliged to begin fulfilling the demands of the prosecutor or his deputy to conduct inspections and audits immediately.

When supervising the implementation of laws by the administrations of bodies and institutions executing punishments and compulsory measures imposed by the court, administrations of places of detention of detainees and prisoners, the prosecutor has the right to demand from the administration the creation of conditions that ensure the rights of detainees, prisoners, convicts and persons subjected to coercive measures. The decisions and demands of the prosecutor regarding the implementation of the procedure and conditions established by law for the detention of detainees, prisoners in custody, convicted persons, persons subjected to compulsory measures or placed in forensic psychiatric institutions are subject to mandatory execution by the administration, as well as by bodies executing court sentences in relation to persons sentenced to punishment other than imprisonment. Carrying out the functions of supervision over the implementation of laws, observance of human and civil rights and freedoms, the prosecutor or his deputy lodges a protest against an act that is contrary to the law. The protest is subject to mandatory consideration no later than 10 days from the date of its receipt by the relevant authority. Another form of the prosecutor’s response to facts of violation of the law, the reasons and conditions conducive to them, is the prosecutor’s presentation, as well as a resolution to initiate proceedings in a case of an administrative offense (Articles 21-26 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”).

In accordance with Article 38 of the Criminal Procedure Code of the Russian Federation, the investigator is an official authorized, within the competence provided by the Criminal Procedure Code of the Russian Federation, to carry out a preliminary investigation in a criminal case. In accordance with Article 151 of the Criminal Procedure Code of the Russian Federation, preliminary investigations in criminal cases are carried out by investigators from the prosecutor's office, as well as investigators from internal affairs bodies, investigators from federal security service agencies and investigators Federal service on drug trafficking control. The decisions of the investigator, made in accordance with the law in criminal cases under investigation, are mandatory for execution by all enterprises, institutions, organizations, officials and citizens. In order to implement this rule, the law provides for the possibility of using criminal procedural coercion, for example, during a seizure, search, examination, or collecting samples for comparative expert research. The list of investigative bodies is defined in Article 40 of the Criminal Procedure Code of the Russian Federation. The inquiry has the right to be carried out by officials of internal affairs bodies (police) and other federal executive authorities in accordance with the Federal Law “On Operational-Investigative Activities”, chief bailiffs of the Russian Federation and constituent entities of the Russian Federation, chief military bailiff, their deputies, senior bailiffs, commanders military units, heads of military institutions and garrisons.

Arbitrage practice:

Question: Is it possible to bring to administrative responsibility the investigator of the police department who conducted the investigation in a criminal case for failure to comply with written instructions of the prosecutor in the same criminal case under Article 17.7 of the Code of Administrative Offenses of the Russian Federation (failure to comply with the legal requirements of the prosecutor, investigator, investigator or official carrying out the proceedings in a case of an administrative offense)?

Answer: As can be seen from the wording of Article 17.7 of the Code of Administrative Offenses of the Russian Federation, administrative liability is provided for deliberate failure to comply with the legal requirements of the prosecutor, investigator, inquiry officer or official conducting proceedings in the case of an administrative offense. Consequently, a police department investigator who conducted an investigation in a criminal case and failed to comply with the written instructions of the prosecutor in the same criminal case cannot be held administratively liable under Article 17.7 of the Code of Administrative Offenses of the Russian Federation.

Question: Are officials who failed to submit a notice of measures taken at the request of the investigator issued in accordance with paragraph 2 of Article 158 of the Criminal Procedure Code of the Russian Federation subject to administrative liability in accordance with Article 17.7 of the Code of Administrative Offenses of the Russian Federation?

Answer: According to Article 2 of the Criminal Code of the Russian Federation, one of the tasks of criminal legislation is the prevention of crimes. In accordance with paragraph 2 of Article 158 of the Criminal Procedure Code of the Russian Federation, an inquiry officer or investigator, having established during pre-trial proceedings in a criminal case circumstances that contributed to the commission of a crime, has the right to submit to the relevant organization or relevant official a proposal to take measures to eliminate these circumstances or other violations law. This submission is subject to consideration with mandatory notification of the measures taken no later than one month from the date of its issuance.

Consequently, the law provides for the obligation of the relevant official of the organization to consider the submission received from the investigator or inquiry officer and, within a month, report in writing on the measures taken to eliminate the causes and conditions that contributed to the commission of the crime. The norms of the Criminal Procedure Code of the Russian Federation do not provide for liability for failure to fulfill this obligation by persons who are not participants in criminal proceedings.

Article 17.7 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for deliberate failure to comply with the requirements of the prosecutor arising from his powers established by federal law, as well as the legal requirements of the investigator, inquiry officer or official conducting proceedings in the case of an administrative offense.

The object of this administrative offense is an institution of state power in the form of exercising the powers of a prosecutor, investigator, investigator or official carrying out proceedings in a case of an administrative offense, acting on behalf of the state and representing its interests arising from the norms of the law.

The objective side of the offense is, in particular, the deliberate failure to comply with the legal requirements of the investigator or interrogating officer. The legal requirements of the investigator (inquiry officer) are determined by his powers as a participant in criminal proceedings. Failure to comply with the requirements of the investigator or inquiry officer to comply with the presentation issued in accordance with paragraph 2 of Article 158 of the Criminal Procedure Code of the Russian Federation is expressed in the failure of the official to take measures to eliminate the circumstances that led to the commission of the crime, as well as in the failure to provide notification of the measures taken. The subjects of responsibility are officials. The subjective side of the offense is characterized by intent. Taking into account the above, officials who deliberately failed to provide notification of measures taken at the request of the investigator may be brought to administrative liability on the basis of Article 17.7 of the Code of Administrative Offenses of the Russian Federation.

Question: Is the head of an organization subject to administrative liability on the basis of Article 17.7 of the Code of Administrative Offenses of the Russian Federation for failure to comply with the prosecutor’s proposal to dismiss employees who do not meet the qualification requirements current legislation to the positions they occupy?

Answer: Article 17.7 of the Code of Administrative Offenses of the Russian Federation establishes administrative liability for deliberate failure to comply with the requirements of the prosecutor arising from his powers defined by federal law. The powers of the prosecutor are established by the Federal Law of January 17, 1992 “On the Prosecutor’s Office of the Russian Federation”. By virtue of the provisions of Articles 21 and 22 of this Federal Law, the prosecutor supervises the implementation of laws in force on the territory of the Russian Federation, and, when carrying out the functions assigned to him, makes recommendations to eliminate violations of the law.

Thus, if it is established that the head of the organization has violated the law (employees have been identified who do not meet the qualification requirements for the positions they occupy under current legislation), the prosecutor has the right to make a motion to eliminate the violations. The authority of the prosecutor to make the said submission corresponds to the duty of the official to consider it. The procedure for executing the prosecutor’s submissions is determined by the employer independently, since otherwise (the requirements contained in the prosecutor’s submission for the dismissal of certain employees) means interference with the employer’s right to make the necessary personnel decisions at its own discretion.

Consequently, the head of an organization cannot be held administratively liable on the basis of Article 17.7 of the Code of Administrative Offenses of the Russian Federation for refusing to dismiss employees who do not meet the qualification requirements imposed by current legislation for the positions they occupy.

The prosecutor is preparing a written submission. However, in case of certain ambiguities in the document, everyone has the right to appeal the prosecutor’s submission. What is a prosecutor's representation? In accordance with the Law “On the Prosecutor's Office of the Russian Federation”, the representation of the prosecutor is the active actions of the prosecutor to respond to violations of the law. When making a determination, the prosecutor instructs the person to eliminate the mistakes and violations committed.

Failure to comply with the prosecutor's request

And the prosecutor’s demand sent to the representative body of local self-government is subject to mandatory consideration at the next meeting of the relevant body. In accordance with Part 1 of Article 22 of this law, the prosecutor, when performing the functions assigned to him, has the right to enter the territories and premises of bodies and organizations, have access to their documents and materials, check the implementation of laws in connection with information received by the prosecutor's office about facts of violation of the law, demand that managers and other officials present the necessary documents, materials, statistical and other information, allocate specialists to clarify issues that have arisen, conduct inspections, audits of the activities of controlled or subordinate organizations. In accordance with Article 23 of the Federal Law "On the Prosecutor's Office of the Russian Federation", the prosecutor's protest is subject to mandatory consideration no later than ten days from the date of its receipt, and in the case of a protest against the decision of a representative body of local government - at the next meeting. The prosecutor's proposal to eliminate violations of laws in accordance with Article 24 of this law is subject to immediate consideration.

This includes: 1) object; 2) objective side; 3) subject; 4) the subjective side of the offense. The combination of these signs must indicate the unlawfulness of the administrative offense committed. At the same time, when examining the issue of bringing the perpetrator to administrative responsibility, he must take into account the requirements of Art. 1.5 of the Code of Administrative Offenses of the Russian Federation, which provides that a person is subject to such liability only for those administrative offenses for which his guilt has been established.

Appeal the prosecutor's submission to the court or give a response to it?

24 of the Federal Law “On the Prosecutor's Office of the Russian Federation” establishes that a proposal to eliminate violations of the law is submitted by the prosecutor or his deputy to the body or official who is authorized to eliminate the violations committed, and is subject to immediate consideration. Within a month from the date of submission of the submission, specific measures must be taken to eliminate the violations of the law, their causes and conditions conducive to them; the results of the measures taken must be reported to the prosecutor in writing. The prosecutor's submission usually contains something like this: “.

Law Club Conference

The presentation is partially executed by the organization; in the remaining part, a response is written to the prosecutor’s office stating that, due to the unfounded demands of the prosecutor’s office, the remaining part of the proposal is not subject to execution. So, time passes, the prosecutor's office calls a representative of the organization and in his presence a decision is made to bring the organization to administrative responsibility under Art.

SNT: a new look

having considered the materials of the case regarding an administrative offense provided for by 17.7 of the Code of the Russian Federation on Administrative Offences, in relation to the official - chairman of the board of SNT Bakhmutov V.F., the official - chairman of the board of SNT Bakhmutov V.F. deliberately failed to comply with the legal requirements of the prosecutor arising from his powers established by federal law. At the court hearing V.F. Bakhmutov

Responsibility for failure to comply with the legal demands of the prosecutor

Failure to comply with the demands of the prosecutor and investigator arising from their powers, as well as evasion of appearing when summoned, entails liability established by law. Article 17.7 of the Administrative Code. Failure to comply with the legal requirements of the prosecutor, investigator, inquiry officer or official carrying out proceedings on an administrative offense. Deliberate failure to comply with the requirements of the prosecutor arising from his powers established by federal law, as well as the legal requirements of the investigator, inquiry officer or official carrying out proceedings on an administrative offense. offense - entails the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles.