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Administrative and municipal law
Reference:

Panshin, D.L. Some aspects regarding improvement of law-enforcement activities of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation when recording administrative offences with technical means of photography, video and filming.

Abstract: Russian administrative legislation provides for the possibility of recording an administrative offence by two types of technical means (note to Art. 1.5 of the Administrative Offences Code of the Russian Federation): special technical means having functions of photo-, video- and filming in automatic regime; and simply by photo-, video- and filming means. Currently, the second type of technical means is not regarded as means of administrative offence recording based on which under Art. 2.6.1 of the Administrative Offences Code of the Russian Federation the owner is held responsible. In our opinion it is possible to hold a vehicle owner responsible for committing an offence, which is recorded by technical means of photo -, video- or filming which is not in automatic regime under Art. 28.6 of the Administrative Offences Code of the Russian Federation (without administrative offence protocol). Art. 28.6 of the Administrative Offences Code of the Russian Federation also presupposes that in cases of recording offences with technical means of photo-, video- and filming, which are not specialized technical means (measuring means), and which do not work in automatic regime, a decision on an administrative offence case should be issued.


Keywords:

means, video recording, verification, presumption of innocence, owner, administrative regime, administrative regulation, protocol, decision, automatic regime, and means of recording.


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