Guidelines on the procedure for initiating and considering protocols on administrative offenses and the formation of an evidence base when involving minors. VII. exemplary plots of protocols on administrative offenses Article

27.10.2019

Sending weapons, violation of the rules for the transportation, transportation or use of weapons and ammunition for it

Commentary on Article 20.12 of the Code of Administrative Offenses of the Russian Federation:

1. This article ensures the implementation by citizens and organizations of the ban on the transfer of weapons, established by Art. 6 of the Federal Law of December 13, 1996 N 150-FZ "On Weapons" (as amended and supplemented), as well as implementation in accordance with Art. Art. 24 - 25 of this Federal Law and the regulatory legal acts of the Government of the Russian Federation of the rules for the use, transportation, transportation of weapons and cartridges for them.

2. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.

3. The objective side of the offense is characterized by an action related to the transfer of weapons, violation of the relevant rules for the use, transportation, transportation of weapons and ammunition for them.

For example, in accordance with paragraph 66 of the Rules for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 21, 1998 N 814 (as amended and supplemented), it is prohibited to use technically faulty weapons and cartridges, the expiration date, storage or use of which has expired, except for cases of research and testing or verification of the technical condition of the weapon. The same Rules established that in order to transport weapons and cartridges, legal entities are obliged to ensure escort of consignments of firearms in the amount of more than 5 units or cartridges in the amount of more than 400 pieces along the route by guards in the amount of at least 2 people armed with firearms, coordinate with the internal authorities cases at the place of registration of weapons and cartridges, the route of movement and type of transport, transport weapons and cartridges in their original packaging or in special containers, which must be sealed or sealed (clause 69). Carriers, after concluding agreements on the transportation of weapons and ammunition, are obliged to issue income and expenditure and accompanying documents in the manner established by the relevant federal executive authorities in agreement with the Ministry of Internal Affairs of Russia (clause 73).

4. The subject of this offense is an individual who has reached the age of 18 (Article 13 of the Federal Law "On Weapons"), as well as a legal entity.

5. On the subjective side, the guilt of a legal entity is recognized in accordance with Part 2 of Art. 2.1 of the Code, and the violation committed by an individual is characterized by an intentional form of guilt.

6. Cases of administrative offenses are considered by officials of the internal affairs bodies (police) (Article 23.3). In addition, according to parts 1 and 3 of this article, such cases are considered by judges in cases where officials of the internal affairs bodies (police), if it is necessary to resolve the issue of imposing an administrative penalty in the form of confiscation or seizure of weapons for compensation, refer them to the judge for consideration ( part 2 article 23.1).

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

7. It must be borne in mind that the Federal Law of December 28, 2010 N 398-FZ in part 3 of the commented article made the following changes, which come into force on July 1, 2011: an alternative administrative penalty in relation to a fine is deprivation of the right for the acquisition and storage or storage and carrying of weapons, and the reimbursable seizure of weapons and ammunition related to additional punishments is excluded from the list of administrative sanctions (from July 1, 2011, Article 3.6 of the Code is recognized as invalid).

Therefore, subject to the provisions of Art. 3.8 of the Code, from July 1, 2001, officials of the internal affairs bodies (police) will refer cases of these offenses to judges for consideration if it is necessary to resolve the issue of imposing a penalty in the form of deprivation of the right to acquire and store or store and carry weapons (part 2 article 23.1).

Offenses can be expressed in action (pointed a weapon at a person), and in inaction (did not check the barrel for foreign particles before shooting).

The subjects of the offense are citizens of the Russian Federation who have reached the age of eighteen, who have the right to possess and use weapons, foreign citizens and officials whose duties include the use of weapons, who have violated the rules for the use of weapons and cartridges for it (unless their actions entail criminal liability). An offense may be committed intentionally or recklessly.

The commission of an offense shall entail the imposition of an administrative fine in the amount of from fifteen to twenty times the minimum wage with or without confiscation of weapons and cartridges for compensation. Offenses under Part.h. 1, 3 of this article are considered either by officials of the internal affairs department or judges, and part 2 only by officials of the internal affairs department.

Article 20.13 of the Code of Administrative Offenses of the Russian Federation provides for liability for firing weapons in populated areas, and in other places not designated for this, as well as in places designated for this in violation of the established rules.

A settlement should be understood as a place of permanent residence of people with a certain status (cities, towns, villages, villages, etc.), name, cartographic position.

Shooting from a weapon in other places not designated for this should be considered shooting: in wastelands, in a forest, in a field, places of rest where people can be (except for shooting in cases where it is carried out in accordance with established rules).

Specially designated areas for shooting are firing ranges, shooting ranges, shooting and hunting stands, shooting ranges owned by organizations, enterprises, institutions of any form of ownership, open with the permission of the relevant authorities, where the established safety rules are observed.

It is an offense to shoot a weapon in places not designated for this, unless there are harmful consequences. If the specified actions entailed the onset of harmful consequences, for example, careless infliction of death to another person, then they entail criminal liability.

The subjects of this offense may be citizens of the Russian Federation using or possessing weapons in accordance with the established procedure and rules. Persons who illegally own weapons are criminally liable for the commission of these actions.

The offense may be committed intentionally or by negligence.

The commission of an offense entails the imposition of an administrative fine in the amount of up to ten times the minimum wage with or without confiscation of weapons and cartridges for them.

Article 20.14 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of certification rules in the production and circulation of weapons and cartridges for them.

Article 7 of the Federal Law "On Weapons" establishes that all models of civilian and service weapons and cartridges for them produced in the territory of the Russian Federation, imported into the territory of the Russian Federation and exported from the Russian Federation, as well as products structurally similar to weapons, are subject to mandatory certification.

The organization of work on the certification of civilian and service weapons and cartridges for them, as well as products structurally similar to weapons, is carried out by the State Committee of the Russian Federation for Standardization, Metrology and Certification (Gosstandart of Russia).

The certificate of conformity is the basis for the circulation of civilian and service weapons and cartridges for them on the territory of the Russian Federation.

The production of weapons is understood as the research, development, testing, manufacture, as well as the artistic decoration and repair of weapons, the manufacture of ammunition, cartridges and their components.

The circulation of weapons refers to their production, sale, transfer, storage, carrying, that is, any actions related to the possession, use and disposal of weapons.

The subjects of the offense are citizens, officials and legal entities.

The offense can be committed both intentionally and negligently.

The commission of an offense entails the imposition of an administrative fine on citizens in the amount of from ten to fifteen times the minimum wage with or without confiscation of weapons and cartridges for them; on officials - from twenty to thirty times the minimum wage; on legal entities - from two hundred to three hundred times the minimum wage with or without confiscation of weapons and cartridges for them.

This offense is considered by officials of the Department of Internal Affairs or judges.

Article 20.15 of the Code of Administrative Offenses of the Russian Federation provides for liability for the sale of mechanical dispensers, aerosol and other devices equipped with tear or irritant substances, electroshock devices or spark gaps, without an appropriate license.

The subjects of this offense are citizens who have reached the age of sixteen, officials and legal entities selling these items without an appropriate license.

An offense can only be committed in the form of intent.

The commission of an offense shall entail the imposition of an administrative fine on citizens in the amount of twenty to twenty-five times the minimum wage with confiscation of the objects of the administrative offence; on officials - from forty to fifty times the minimum wage with confiscation of the objects of the administrative offence; on legal entities - from four hundred to five hundred times the minimum wage with confiscation of the objects of the administrative offence.

The offense is considered only by judges, since confiscation is provided as a mandatory punishment.

The rights of citizens in the proceedings on an administrative case, the procedure for administrative proceedings on a case:

a person in respect of whom proceedings are being conducted in a case of an administrative offense has the right to get acquainted with all the materials of the case, give explanations, present evidence, file motions and challenges, use legal assistance of a defense counsel, as well as other procedural rights in accordance with the Code of Administrative Offenses of the Russian Federation.

A lawyer or other person is allowed to participate in the proceedings on an administrative offense as a defense counsel or representative.

The powers of an attorney are certified by a warrant issued by the relevant bar association. The powers of another person providing legal assistance shall be certified by a power of attorney drawn up in accordance with the law.

The defense counsel and the representative admitted to participate in the proceedings on the case of an administrative offense have the right to get acquainted with all the materials of the case, present evidence, file motions and challenges, participate in the consideration of the case, appeal against the application of measures to ensure the proceedings on the case, the decision on the case, use other procedural rights in accordance with the Code of Administrative Offenses of the Russian Federation.

Seizure of things that were instruments or objects of an administrative offense, and documents that have the value of evidence in a case of an administrative offense and found at the scene of an administrative offense or during a personal search, search of things that are with an individual, and search of a vehicle, is carried out in the presence of two witnesses.

A protocol is drawn up on the seizure of things and documents or an appropriate entry is made in the protocol on delivery or in the protocol on administrative detention.

The protocol on the seizure of items and documents shall contain information on the type and details of the seized documents, on the type, quantity, and other identification features of the seized items, including the type, brand, model, caliber, series, number, and other identification features of weapons, on the type and quantity of ammunition.

The protocol on the seizure of things and documents is signed by the official who drew it up, the person from whom the things and documents were seized, witnesses. In case of refusal of the person from whom things and documents were confiscated from signing the protocol, a corresponding entry is made in it. A copy of the protocol shall be handed over to the person from whom things and documents have been confiscated, or to his legal representative.

Seized firearms and cartridges for them, other weapons, as well as ammunition are stored in the manner determined by the federal executive body in the field of internal affairs.

A protocol is drawn up on the commission of an administrative offense in the field of arms trafficking.

The protocol on an administrative offense shall indicate the date and place of its compilation, the position, surname and initials of the person who drew up the protocol, information about the person against whom an administrative offense case has been initiated, surnames, first names, patronymics, addresses of the place of residence of witnesses and victims, if any. witnesses and victims, the place, time and event of the administrative offense, an article of the Code of Administrative Offenses of the Russian Federation or a law of a constituent entity of the Russian Federation providing for administrative liability for this administrative offense, an explanation of the individual or legal representative of the legal entity against whom the case has been initiated, other information necessary for case resolution.

When drawing up a protocol on an administrative offense, an individual or a legal representative of a legal entity against whom an administrative offense case has been initiated, as well as other participants in the proceedings on the case, are explained their rights and obligations, which is recorded in the protocol.

An individual or a legal representative of a legal entity in respect of whom a case on an administrative offense has been initiated must be given the opportunity to familiarize themselves with the protocol on an administrative offense. These persons have the right to submit explanations and comments on the content of the protocol, which are attached to the protocol.

The protocol on an administrative offense is signed by the official who drew it up, the individual or the legal representative of the legal entity in respect of whom the administrative offense case has been initiated. If the indicated persons refuse to sign the protocol, an appropriate entry is made in it.

A natural person or a legal representative of a legal entity in respect of whom an administrative offense case has been initiated, as well as the victim, is handed a copy of the protocol on an administrative offense against signature.

A protocol on an administrative offense is drawn up immediately after the commission of an administrative offense is revealed.

If additional clarification of the circumstances of the case or information about the individual or information about the legal entity in respect of which an administrative offense case is initiated is required, a protocol on an administrative offense is drawn up within two days from the moment the administrative offense is discovered.

In the event of an administrative investigation, a protocol on an administrative offense is drawn up immediately upon completion of the investigation.

The protocol (decision of the prosecutor) on an administrative offense shall be sent to the judge, body, official authorized to consider the case of an administrative offense within 24 hours from the moment the protocol (decision) on the administrative offense was drawn up.

If the protocol on an administrative offense is drawn up by an unauthorized person, as well as in other cases when there are shortcomings in the protocol and other materials of the case on an administrative offense, then these shortcomings are eliminated within a period of not more than three days from the date of their receipt (receipt) from the judge, body, official, considering the case of an administrative offense. The materials of the case on an administrative offense with the amendments and additions made to them are returned to the indicated judge, body, official within 24 hours from the date of elimination of the relevant shortcomings.

The case on an administrative offense is considered within fifteen days from the date of receipt by the judge, body, official authorized to consider the case, the protocol on the administrative offense and other materials of the case.

In the event of receipt of petitions from the participants in the proceedings on the case of an administrative offense or if additional clarification of the circumstances of the case is necessary, the term for the consideration of the case may be extended by the judge, body, official considering the case, but not more than for one month. The judge, body, official considering the case shall issue a reasoned ruling on the extension of the specified period.

When considering a case on an administrative offense:

1) it is announced who is considering the case, what case is subject to consideration, who and on the basis of what law is brought to administrative responsibility;

2) the fact of the appearance of an individual, or a legal representative of an individual, or a legal representative of a legal entity, in respect of which proceedings are being conducted on an administrative offense case, as well as other persons participating in the consideration of the case, is established;

3) the powers of legal representatives of a natural or legal person, defense counsel and representative are checked;

4) it is ascertained whether the participants in the case proceedings have been notified in accordance with the established procedure, the reasons for the non-appearance of the participants in the case proceedings are ascertained, and a decision is made to consider the case in the absence of the indicated persons or to postpone the case;

5) explain to the persons participating in the consideration of the case, their rights and obligations;

6) the submitted challenges and petitions are considered;

7) a ruling is issued to postpone the consideration of the case in the event of:

a) receipt of an application for self-withdrawal or challenge of a judge, a member of a collegiate body, an official considering the case, if their challenge prevents the consideration of the case on the merits;

b) challenge of a specialist, expert or translator, if the said challenge prevents the consideration of the case on the merits;

c) the need for the appearance of the person participating in the consideration of the case, the request for additional materials on the case or the appointment of an expert examination;

8) a ruling is issued on the bringing of a person whose participation is recognized as mandatory in the consideration of the case;

9) a ruling is issued to transfer the case for consideration according to jurisdiction.

When the consideration of the case on an administrative offense is continued, a protocol on an administrative offense is announced, and, if necessary, other materials of the case. Explanations of an individual or a legal representative of a legal entity in respect of whom proceedings are being conducted on an administrative offense are heard, testimonies of other persons participating in the proceedings, explanations of a specialist and an expert opinion, other evidence is examined, and in the case of the participation of a prosecutor in the consideration of the case, his conclusion.

If necessary, other procedural actions are carried out in accordance with the Code of Administrative Offenses of the Russian Federation.

Based on the results of the consideration of a case on an administrative offense, a decision may be issued:

1) on imposing an administrative penalty;

2) on termination of proceedings on the case of an administrative offence.

In a decision on a case on an administrative offense, the following must be indicated:

1) position, surname, name, patronymic of the judge, official, name and composition of the collegiate body that issued the decision;

2) the date and place of the hearing of the case;

3) information about the person in respect of whom the case has been considered;

4) the circumstances established during the consideration of the case;

5) an article of the Code of Administrative Offenses of the Russian Federation or a law of a constituent entity of the Russian Federation that provides for administrative liability for committing an administrative offense, or grounds for terminating proceedings on a case;

6) reasoned decision on the case;

7) the term and procedure for appealing against the decision.

The decision on the case of an administrative offense shall be announced immediately after the completion of the consideration of the case.

A copy of the ruling on the case of an administrative offense shall be handed over against receipt to the natural person, or the legal representative of the natural person, or the legal representative of the legal entity in respect of which it has been issued, or sent to the said persons within three days from the date of issuance of the said ruling.

The decision on the case of an administrative offense may be appealed by the person in respect of whom it was issued, his defense counsel, the prosecutor:

1) issued by a judge - to a higher court;

2) issued by an official - to a higher body, a higher official or to the district court at the place of consideration of the case.

1. Shipment of weapons -

shall entail the imposition of an administrative fine in the amount of five hundred to one thousand rubles with or without confiscation of the weapon.

2. Violation of the rules for transportation, transportation of weapons and cartridges for them -

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

3. Violation of the rules for the use of weapons and cartridges for them -

shall entail the imposition of an administrative fine in the amount of one thousand five hundred to three thousand rubles or the deprivation of the right to acquire and keep or keep and bear arms for a term of one to two years.

Comments to Art. 20.12 Code of Administrative Offenses of the Russian Federation

2. The object of the commented administrative offense is relations in the field of ensuring public order and public safety.

It should be taken into account that the illegal transportation of weapons, their main parts, ammunition is qualified as a crime under Part 1 of Art. 222 of the Criminal Code of the Russian Federation.

4. The subject of this offense is an individual who has reached the age of 18 (Article 13 of the Federal Law "On Weapons"), as well as a legal entity.

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

Violation of the rules for using external lighting devices, sound signals, emergency signaling or an emergency stop sign -
shall entail a warning or the imposition of an administrative fine in the amount of five hundred roubles.

(Paragraph as amended by Federal Law No. 116-FZ of June 22, 2007; as amended by Federal Law No. 196-FZ of July 23, 2013.

Commentary on Article 12.20 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offense is road safety. The technical requirements for external lighting devices, in case of non-compliance with which the operation of vehicles is prohibited, are established by the List of malfunctions and conditions under which the operation of vehicles is prohibited (as amended by Decree of the Government of the Russian Federation of February 21, 2002 N 127).

2. On the objective side, this offense consists of a number of illegal actions (inaction) related to the rules for using external lighting devices, sound signals, emergency alarms or an emergency stop sign.

In order to bring the perpetrator to justice under this article, it is necessary to establish which special rules for the use of external lighting devices, sound signals, and alarms have been violated. Violation of the rules for the use of lighting devices can be expressed in the absence of lighting devices, failure to switch the high beam to the dipped beam in established cases, failure to use emergency lights when blinded, etc.

3. The subjective side of the offense is characterized by guilt in the form of negligence.

4. The subject of the offense is a driver who has violated the rules for using external lighting devices, sound signals, emergency alarms or an emergency stop sign.

Another commentary on article 12.20 of the Code of Administrative Offenses of the Russian Federation

1. External lighting devices switched on on a moving vehicle at night, in conditions of insufficient visibility, as well as in tunnels, include the following lighting devices used depending on the type of vehicle: high or low beam headlights, lanterns, parking lights. See also paragraph 3 of the commentary to Art. 12.19.

The technical requirements for external lighting devices, in case of non-compliance with which the operation of vehicles is prohibited, are established by the List of malfunctions and conditions under which the operation of vehicles is prohibited (as amended by Decree of the Government of the Russian Federation of February 21, 2002 N 127; see clause 1 of the commentary to article 12.5).

According to clause 3 of the List, the following technical requirements are imposed on the external lighting devices of a vehicle, non-compliance with which is qualified in accordance with the commented article:

The number, type, color, location and mode of operation of external lighting devices must comply with the requirements of the vehicle design (on vehicles discontinued from production, it is allowed to install external lighting devices from vehicles of other brands and models);

Headlight adjustment must comply with GOST R 51709-2001;

Availability of serviceable, uncontaminated external lighting devices and reflectors;

The presence of diffusers on lighting devices, the use of diffusers and lamps corresponding to the type of this lighting device;

Installation of flashing beacons in compliance with established requirements.

According to clauses 7.1 - 7.3 of the Rules of the Road (as amended by Decree of the Government of the Russian Federation of January 24, 2001 N 67), emergency light signaling must be turned on:

When forced to stop in places where stopping is prohibited;

When the driver is blinded by headlights;

When towing (on a towed vehicle).

The driver must turn on the hazard warning lights in other cases to warn road users of the danger that the vehicle may create.

2. When the vehicle stops and the emergency light signal is turned on, as well as in case of its malfunction or absence, the emergency stop sign must be immediately displayed:

In case of a traffic accident;

When forced to stop in places where it is prohibited, and where, taking into account visibility conditions, the vehicle cannot be seen in a timely manner by other drivers.

This sign is installed at a distance that provides timely warning of other drivers about the danger in a particular situation. However, this distance must be at least 15 m from the vehicle in built-up areas and 30 m outside built-up areas.

In the absence or malfunction of an emergency light signaling on a towed power-driven vehicle, an emergency stop sign must be fixed on its rear part.

3. The procedure for using external lighting devices and sound signals, as well as the conditions for the use of an emergency signal and an emergency stop sign, are determined respectively by clauses 19 and 7 of the Rules of the Road.

4. In accordance with clauses 3.4 and 3.6 of the Rules of the Road (as amended by Decree of the Government of the Russian Federation of January 24, 2001 N 67), a yellow or orange flashing beacon must be turned on on: vehicles when performing construction, repair or maintenance of roads, loading and transportation of damaged, faulty, as well as other vehicles in cases provided for by law, on vehicles participating in road traffic, the dimensions of which exceed the standards established by clause 23.5 of the Rules, as well as on vehicles carrying large, heavy cargo, explosive, flammable, radioactive and highly poisonous substances, and in cases established by special rules, on vehicles accompanying such transportation. A yellow or orange flashing beacon does not give you an advantage in traffic and serves to warn other road users of the danger.

Drivers of vehicles of federal postal organizations and vehicles carrying cash receipts and (or) valuable goods may turn on a white-moon flashing beacon and a special sound signal only when these vehicles are attacked. A flashing beacon of white-moon color does not give an advantage in movement and serves to attract the attention of police officers and other persons.

5. On the consideration of cases of administrative offenses provided for in the commented article, see paragraph 5 of the commentary to Art. 12.12.

6. On the collection of an administrative fine in cases provided for in the article under consideration, see paragraph 7 of the commentary to Art. 12.1.

Road, intercity, highway... All this is romantic at the same time, especially, but at the same time hard and tiring. Everything is tiring: long hours on the road, constant tension, attention to signs and markings, watching the most expensive and self-ambushing policemen. It’s good if someone blinks their headlights, thereby preventing an unexpected meeting. You yourself probably blinked more than once at passing oncoming people, trying to signal a posted post. However, such signaling, that is, blinking headlights, turns out to be illegal. For this, they may well be stopped, scolded and fined or not!? You say, “Yes, well! Can't be!". Or maybe it can't... Let's try to understand this issue in the article.

Traffic rules on the prohibition of blinking high beams

So, we take a book of traffic rules and look for. Although it is possible and virtually, that is, on the Internet - SDA. In fact, this document will be key in order to find any flaws in the behavior of the driver. So the entire section at number 19 "Use of external lighting devices and sound signals" of the SDA is devoted to the rules for using light and sound devices. Let's quote the main thing.

19.2 The main beam must be switched to the low beam:
in settlements, if the road is lit;
at an oncoming pass at a distance of at least 150 m from the vehicle, as well as at a greater distance, if the driver of the oncoming vehicle by periodically switching the headlights shows the need for this;
...
19.5. During daylight hours, all moving vehicles must turn on dipped beam headlights or daytime running lights to identify them.
...
19.11. To warn of overtaking, instead of a sound signal or together with it, a light signal may be given, which is a short-term switching of the headlights from dipped to high beam.

Here we have collected points that just provide for the facts of switching light from far to near or vice versa. Note that nothing is said here about short-term switching on, switching off the light. That is, in fact, blinking with light is not reflected in any way as a forbidden fact. From this we can conclude that if the inspector stops the driver because he blinked the light, then he will have to look not for objective - direct facts of traffic violations, but for some alternative variations. If the inspector decides to issue a fine.

Article of the Code of Administrative Offenses of the Russian Federation for a fine for blinking high beams

In fact, the inspector does not have logical and direct conclusions that allow him to issue a fine for blinking a light. This is not the absence of light, these are not non-working lights. The only thing that can somehow and indirectly tighten the blinking of headlights is Article 12.20 of the Code of Administrative Offenses of the Russian Federation. An article with a rather general wording about the violation of the use of lighting devices.

Penalty for blinking high beams (light switching)

Now we take the document - the Code of Administrative Offenses of the Russian Federation, and read article 12.20 from it.

Violation of the rules for using external lighting devices, sound signals, emergency alarms or an emergency stop sign - entails a warning or the imposition of an administrative fine in the amount of 500 rubles.

This is the only article of the Code of Administrative Offenses of the Russian Federation that can be applied. However, as we have already said, there are no direct facts indicating that blinking is a violation of traffic rules.

How can I dispute a fine for blinking high beams

If you come across, frankly, not an adequate traffic cop, then you can avoid a fine for blinking with high beams like this. First, if you enter into a predictable and diplomatic dialogue with a police officer, then you can always mention that blinking a high beam in an alternative case can be punished not by a ruble, but by a warning. All under the same article 12.20 of the Code of Administrative Offenses of the Russian Federation.
Secondly, blinking is essentially allowed when overtaking. Perhaps there was such a situation. See above paragraph 19.11 of the SDA.
Thirdly, if this does not help, then let the inspector write in the protocol which paragraph of the traffic rules you violated. This will not be easy to do. Since, in fact, blinking with a high beam is not limited in any of the traffic rules. As a result, such a protocol can be challenged in the same traffic police by filing an appeal.
In the end, if, after all, some not quite normal traffic cop issued a fine, then today's legislation allows you to pay for violations under Article 12.20 of the Code of Administrative Offenses of the Russian Federation with a 50 percent discount. To do this, you must pay the fine no later than 20 days from the date of the decision.

Summarizing the blinking high beams on the track

Here I would like to recall the proverb that the road to hell is paved with good deeds. Don't try to please everyone and everything. If you see that there is a truck or bus in front of you, then you definitely should not blink. Since truckers, normal truckers, almost never exceed the speed limit. And the driver of regular buses even more so. If they get caught, then it seems to us for the good, since these citizens should be the most responsible on our roads.
As for the rushing cars, it is possible to warn such people. Even if the inspectors notice you and stop you, they will not find the point that you cannot switch briefly from near to far in the traffic rules.

Question-answer on the topic "Penalty for blinking high beams"

Question: Can I get a fine for blinking a light on the highway to warn of a police ambush?
Answer: No. There is no such condition in the SDA, unless the inspector decides that the driver has violated some related rule from paragraph 19 of the SDA.