They gave me an administrative fine. Administrative fines: their execution and statute of limitations. What to do
Sergey Zubkov(05/29/2017 at 15:22:55)
Hello. According to Article 28.2 of the Code of Administrative Offenses of the Russian Federation, a protocol is drawn up on the commission, except for the cases provided for in Article 28.4, parts 1, 3 and 4 of Article 28.6 of this Code.
Cases of administrative offenses provided for in articles 5.1, 5.7, 5.21, 5.23 - 5.25, 5.39, 5.45,5.46, 5.48, 5.52, 5.58 - 5.63.1, 6.19, 6.20, 7.24, part 1 of article 7.31, articles 7.35, 8.32.2 . Part 1 of Article 15.10, Part 4 of Article 15.27, Article 15.33.1, Part 3 of Article 19.4, Articles 19.6.1, 19.9, 19.28, 19.29, 19.32, 20.26, 20.28, 20.29 of this Code are initiated by the prosecutor.
1. If, directly at the place where an individual commits an administrative offense, an authorized official imposes an administrative penalty in the form of a warning or an administrative fine, a protocol on the administrative offense is not drawn up, but a resolution is issued in the case of an administrative offense in the manner provided for in Article 29.10 of this Code. A copy of the decision in the case of an administrative offense is handed over against receipt to the person in respect of whom it was made, as well as to the victim at his request. In case of refusal to receive a copy of the decision, it is sent to the person in respect of whom the decision was made by registered mail within three days from the date of issuance of the said decision.
3. In case of detection of an administrative offense provided for by Chapter 12 of this Code, or an administrative offense in the field of improvement of territory provided for by the law of the subject Russian Federation committed using a vehicle or by the owner or other owner or other property, recorded using special automatic technical means, having the functions of photography and filming, video recording, or means of photography and filming, video recording, or in case of confirmation in accordance with Part 2 of Article 2.6.1 of this Code contained in a message or statement of the owner (owner) of the vehicle that in moment of recording an administrative offense vehicle was in the possession or use of another person, a protocol on an administrative offense is not drawn up, and a resolution in a case on an administrative offense is made without the participation of the person against whom the case on an administrative offense was initiated, and is drawn up in the manner prescribed by Article 29.10 of this Code. Copies of the resolution in the case of an administrative offense and materials obtained using special technical means operating automatically, having the functions of photography, filming, video recording, or means of photography, filming, video recording, are sent to the person against whom the case of an administrative offense has been initiated , by registered mail in the form of a copy of the resolution on on paper, provided for in Part 7 of Article 29.10 of this Code, or in the form of an electronic document signed by an enhanced qualified electronic signature authorized official, using the Unified Portal of State and municipal services taking into account the Rules for the provision of postal services within three days from the date of the said decision. The specified copy of the resolution in the form of an electronic document or the information contained in the resolution may also be sent to the person against whom a case of an administrative offense has been initiated, provided that such person is registered with unified system identification and authentication and the consent of such person to receive the information specified in this part of the resolution or information using other means information technology, including regional portals of state and municipal services, and (or) using mobile radiotelephone communications.
Unfortunately you did not provide details. If your offense does not belong to the above list, then a report must be drawn up and handed to you. Failure to deliver is a violation job responsibilities. You can file a complaint with the prosecutor.
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Note. Russian tax courier The most common administrative punishment is administrative fines. An administrative fine is a one-time monetary penalty imposed in a certain amount. According to Article 3.5 of the Code of Administrative Offenses of the Russian Federation, administrative fines can be established in rubles or an amount that is a multiple of: the cost of the subject of the administrative offense; the amount of unpaid and payable taxes, fees or customs duties; the amount of the unpaid administrative fine; amount cash, not enrolled in deadline to accounts in authorized banks; the amount of the illegal currency transaction; the amount of money or the cost of internal and external securities written off and (or) credited with failure to comply with the established reservation requirement; the amount of proceeds from the sale of goods (work, services), etc. Administrative punishment 2.
Fine for an administrative violation: features, size, duration
How the resolution is executed The fine must be paid by the person brought to administrative responsibility no later than 30 days from the date the resolution entered into force. Taking into account the circumstances specified in Art. 31.5 Code of Administrative Offenses (for example, financial situation person), the execution of the decision may be delayed for one month or spread over three months. A copy of the document certifying the payment of an administrative fine, the person held administratively liable, sends it to the judge, body, or official who issued the decision. In the absence of such a document, within the established period, the judge, body, official who made the decision sends the relevant materials to the bailiff to collect the amount of the administrative fine.
Attention
Our lawyers will help their clients prepare for the hearing as soon as possible. It must be taken into account that ten days are allotted for appealing an administrative fine from the date of receipt of a copy of the decision.
If this deadline is missed, very valid and justified reasons will be needed to restore it. We also note that by filing a complaint, the offender does not incur any costs, since no fee is charged in case of appealing an administrative fine.
If the defendant’s request to appeal the administrative fine was decided in his favor, the bailiff will cancel the fine and close the proceedings on this incident. This material is relevant not only in Moscow, but throughout the Russian Federation.
What is an administrative fine? administrative offense
- 12.07.2017
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The department for the collection of administrative fines does not have the right to recover from the guilty person amounts exceeding five times the value of the property that was stolen. About the size of the administrative fine It is finally worth moving on to more precise figures.
As already mentioned, the amount of recovery is a multiple of the value of the subject of the unlawful act. The amount may depend on many factors: the severity of the offense, the debt for an administrative fine, and finally, the value of the subject of the offense.
At the same time, the Code of Administrative Offenses establishes the following fines:
- Individuals pay no more than 5 thousand rubles in fines. Exceptions include articles that provide for violation of the right to freedom of conscience of another person. Here the fine can reach 30 thousand rubles.
- Officials can pay a fine of up to 50 thousand rubles.
The amount of the administrative fine cannot be less than what amount
For each of the presented offenses, administrative liability is imposed in the form of penalties. What is the system of punishments, what place do fines in administrative cases have in it? This will be discussed further below.
The concept of administrative punishment The measure of responsibility established by the state for committing an unlawful act is called administrative punishment. In essence, punishment is a type of coercion established by law. Administrative coercion is distinguished by the presence of punitive sanctions, as well as specific goals applied in a strict procedural manner. All types of administrative penalties are recorded in Article 3.2-3.12 of the Code of Administrative Offenses of the Russian Federation.
No other types of coercion may be used as punishment.
Article 3.5. administrative fine
Home Administrative fines on federal level established in fixed amounts. If earlier, from July 1, 2002, that is, from the moment the new Code of Administrative Offenses came into force, fines were calculated in... Yeah.... all fines (even for late delivery reports, etc.
d.) are issued to the manager, chief accountant…. in general, for an individual... How to find out the amount of the fine for a speedometer in Karaganda! Where can I find out about the amount of administrative fines Code of Administrative Offenses (as amended for 2009) Legal program guarantor or consultant, bookstore, internet Monetary recovery fine. Code. Fines for administrative violations. Code of Administrative Offences.
Fines and amounts to compensate the state for damages based on the results of criminal cases.
Our solutions
The amount of unpaid fines in Russia amounts to more than one billion rubles. There are violations, but there is no payment for them. Administrative fines are monetary penalties and punishment for administrative violations, of which there are more than 20 species.
Info
In addition to punishment, a fine is intended to perform the function of compensating for harm caused by a violation, as well as a preventive (warning) measure. Punishments of this kind are not applied to: - military personnel undergoing conscript service; - military cadets vocational schools; - teenagers (up to 14 years old).
Parents are responsible for them. Payment procedure, sanctions in case of non-payment Administrative fines are paid within a month. The countdown begins from the day they were discharged.
A fine directed against a citizen cannot exceed 5,000 rubles. Officials may lose up to 50,000 rubles if punished, and legal entity- up to a million.
Right to a discount: new rules for paying fines from January 1, 2016
Article 3.2 provides an exhaustive list of the main administrative sanctions, varying in severity, composition and features. All of them form a broad system of punishments used by officials during legal proceedings. On at the moment There are nine main types of sanctions:
- warning;
- confiscation of the instrument of crime on a reimbursable basis;
- administrative arrest;
- confiscation of the instrument of the offense;
- deprivation of special rights individual;
- disqualification;
- expulsion from Russia of a foreign citizen or stateless person;
- suspension of professional activities;
- deprivation of special rights;
- administrative fine.
It is the administrative fine that will be discussed further.
How much does an administrative fine cost?
It’s easier to go to the bank and pay the fine, spending a maximum of half an hour on the procedure. Possibilities for deferred payment and notification of payment The fine must be issued in accordance with the rules for drawing up the resolution.
If they are violated, the citizen has the right to file a complaint in court. The actions of the employees who issued the fine can also be appealed if they were unlawful.
You can write to the court an application to defer the execution of the decision, or ask for payment in installments (for a period of three months). There is no need to submit a copy of the payment document anywhere.
But since the documents take a long time, and you are going to travel abroad, do not be lazy to make a note about payment and save the receipt. Continuing administrative offense The concept of an offense that is classified as continuing means a violation that lasts for a long period of time.
The amount of the fine for an administrative offense
- Code of Administrative Offences, N 195-FZ
- Administrative fine: duration, amount, payment
- Amount of administrative fine
- Table of fines for traffic violations
- Fine for administrative offense amount
- Code of Administrative Offenses of the Russian Federation, Article 3
- Administrative fines: their execution and statute of limitations
- New traffic police fines 2018 - table of all fines for traffic violations
- Russian tax courier
- Administrative punishment
Legal consequences of non-payment of an administrative fine In 2003, the legislator created prerequisites designed to ensure the timely and voluntary fulfillment by citizens and officials of the obligation to pay an administrative fine, but until recently law enforcement agencies These possibilities were practically not used.
What is an administrative fine? A monetary penalty from a legal or physical person who has committed an unlawful act is called an administrative fine. This is a punishment of a property nature. Many lawyers consider a fine for an administrative offense (resolution of the Code of Administrative Offenses in Article 3.5) to be almost the most effective method influence on the offending citizen. From 1992 to 2007, an administrative fine was considered equal to a multiple of the minimum wage, or a multiple of the established amount of 100 rubles. At the moment, things have changed somewhat. From now on, fines are expressed in rubles, as was the case before 1992. In accordance with Article 3.5 of the Code of Administrative Offenses of the Russian Federation, an administrative fine should not be less than 100 rubles, no more than 5 thousand rubles for individuals, 50 thousand rubles for officials and 1 million rubles for legal entities.
Question for a lawyer:
Today, after an argument, my husband was attacked by a neighbor with a shotgun. It was a smoothbore shotgun. The police said that he would not face anything, only an administrative punishment, is that true? Despite the fact that this is the second time, the first time he tried to stab him. and this time he even says that the gun is not his, but ours. But shouldn’t fingerprints be taken on the spot? and who should send him for a psychiatric examination, he clearly has problems with his head. Or will they put him in prison until they kill him? It’s true that there are no witnesses, only me and my husband’s father, what should I do?
Lawyer's answer to the question:
If the attack was accompanied by death threats, let the husband write a statement to the police and insist on initiating a criminal case under Art. 119 part 1 of the Criminal Code of the Russian Federation, taking into account the fact that the threats were perceived as real, while the attacker had the opportunity to bring them to life by firing a shot with close range into the husband's vital organs. If a decision is made to refuse to initiate a criminal case, appeal such refusal to the prosecutor’s office and/or to court. If a criminal case is initiated, a forensic psychiatric examination may, if necessary, be carried out within the framework of the specified case. Good luck.
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Lawyer's answer to the question: administrative fines in the police
Let the spouse make a written application. If a criminal case is refused, the decision must be appealed to the prosecutor's office or court. there is art. 119 of the Criminal Code Threat of murder.
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How long do I have to pay the administrative fine? and should I provide the police with a receipt for payment...
Question for a lawyer:
How long do I have to pay the administrative fine? and should I provide the police with a receipt for payment?
Lawyer's answer to the question: administrative fines in the police
Good evening, Natalya! According to Part 1 of Art. 32.2 of the Code of Administrative Offenses of the Russian Federation An administrative fine must be paid by a person held administratively liable no later than sixty days from the date the resolution imposing an administrative fine comes into force
According to Part 8 of Art. 32.2 Code of Administrative Offenses of the Russian Federation bank or other credit institution, an organization of federal postal services, a payment agent engaged in accepting payments from individuals, or a bank payment agent (subagent) operating in accordance with Federal law“On the national payment system”, by which the amount of the administrative fine is paid, are obliged, immediately after the payment of the administrative fine by the person brought to administrative responsibility, to send information about the payment of the administrative fine to the State Information System on State and Municipal Payments
To avoid problems, you can provide the payment receipt (preferably a certified copy) to the authority that held you administratively liable.
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Lawyer's answer to the question: administrative fines in the police
Hello. You do not have to provide a receipt, but it is better to keep the receipt for at least 2 years. You have 60 days to pay from the date the resolution comes into force
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Question for a lawyer:
In November 2006, the husband was imposed an administrative fine in the amount of 20 minimum wages, under Article 15.12.ch. 2 Codes of the Russian Federation, the staff immediately paid, can he work at school now as a teacher?
Lawyer's answer to the question: administrative fines in the police
It can work, but the deadline for prosecution has expired.
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Lawyer's answer to the question: administrative fines in the police
If a criminal record is expunged, the person is considered to have no criminal record.
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If I haven’t paid the fine to the police within a year, can they arrest me?...
Question for a lawyer:
If I haven’t paid the fine to the police within a year, can they arrest me?
Lawyer's answer to the question: administrative fines in the police
No they can't.
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Please tell me, is it possible to obtain a fine from the police using a notarized power of attorney?...
Question for a lawyer:
Hello! Please tell me, is it possible to obtain a fine from the police using a notarized power of attorney?
Lawyer's answer to the question: administrative fines in the police
- yes it is possible
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The police told us that the driver only faces a fine. Tell me whether this is true or not...
Question for a lawyer:
Hello, today my grandmother was hit by a car, she suffered a severe injury and bruised her hip. The police told us that the driver only faces a fine. Tell me whether this is true or not.
Lawyer's answer to the question: administrative fines in the police
From the source side - yes. And you can, through his insurance company, which insured him under compulsory motor liability insurance, demand compensation for treatment expenses (collect supporting documents), and through the court, compensation for moral damage caused by damage to health. A doctor's opinion on the extent of the damage is required.
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Lawyer's answer to the question: administrative fines in the police
Konstantin, you have the right to contact the insurance company and the culprit with a claim. You will be required to return the money for treatment and compensate for moral damages.
You can contact me, I handle cases of road accidents, t. 31-66-41.
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The administrative commission of the district authorities of the Leningrad region decided to punish him with a fine of 50,000 rubles. legal person for violation...
Question for a lawyer:
Administrative commission of district authorities Leningrad region decided to punish him with a fine of 50,000 rubles. legal person for violating the rules of improvement of a rural settlement: unmown grass in the area adjacent to the building, baled waste paper lay near the building outside. By the time the commission considered the case, the grass had been mowed and the waste paper had been placed in a fenced-off area of solid waste containers. Why is the maximum fine amount
Lawyer's answer to the question: administrative fines in the police
appeal the decision.
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How long does it take to cancel an administrative fine in the GIS GMP?...
Question for a lawyer:
How long does it take to cancel an administrative fine in the GIS GMP?
Lawyer's answer to the question: administrative fines in the police
If within 1 year after the commission of an offense a person does not commit a new violation, then he is considered not to have been brought to administrative responsibility.
In the database, information about APNs is not removed in a timely manner, it can hang for a year or more, it all depends on the conscientiousness of the employees
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Is it necessary to bring a receipt for payment of an administrative fine to the police?...
Question for a lawyer:
Is it necessary to bring a receipt for payment of an administrative fine to the police? And if I don’t have a protocol, is there nothing wrong with that?
Lawyer's answer to the question: administrative fines in the police
Good afternoon
Failure to have a copy of the protocol does not entail liability.
Notifying the Ministry of Internal Affairs about payment of the fine is not mandatory, but it will not be superfluous.
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If they are identified, take me to the police (administrative arrest)?...
Question for a lawyer:
Do traffic police officers have the right to detain me (check for unpaid fines)? If they are identified, take me to the police (administrative arrest)? or other actions in case of unpaid fines? Thanks in advance for your answer.
Lawyer's answer to the question: administrative fines in the police
They want to introduce this, but at the draft stage. More than 10,000 debts. Alimony or loans or fines.
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In court they gave a fine, paid it, served in the police, is it possible to be reinstated again, or receive compensation for housing...
Question for a lawyer:
In court they gave me a fine, I paid it, I served in the police, is it possible to reinstate myself again, or get compensation for housing?
Lawyer's answer to the question: administrative fines in the police
Unfortunately, you will no longer be reinstated.
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An administrative fine of 1000 rubles, can I be released abroad to the CIS countries?...
Question for a lawyer:
An administrative fine of 1000 rubles, can I be released abroad to the CIS countries?
Lawyer's answer to the question: administrative fines in the police
According to Art. 67 of the Federal Law “On Enforcement Proceedings” restrictions on travel can be imposed by a bailiff if there are enforcement proceedings initiated and a debt exceeding 10,000 rubles.
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Lawyer's answer to the question: administrative fines in the police
With such a fine amount, a travel ban cannot be established.
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In 2007, there was a trial, an administrative fine of 10,000 was imposed, can the judicial service...
Question for a lawyer:
In 2007, there was a trial, an administrative fine of 10,000 was imposed, can the bailiff service collect this fine with surcharges in 2014? 7 years have passed after all. Thank you.
Lawyer's answer to the question: administrative fines in the police
No it can't. Code of Administrative Offenses of the Russian Federation Article 31.9. Limitation period for execution of a decision imposing an administrative penalty
1. A resolution on the imposition of an administrative penalty is not subject to execution if this resolution has not been enforced within two years from the date of its entry into legal force.
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How long does it take to pay an administrative fine in the amount of 500 rubles? according to the ruling of the magistrate?...
Question for a lawyer:
We received a ruling from the magistrate imposing a penalty in the form of an administrative fine in the amount of 500 rubles, but it was not specified when to pay.
Lawyer's answer to the question: administrative fines in the police
Federal Law No. 49-FZ of April 5, 2013 extended the period for payment of a fine by a person held administratively liable, and also introduced alternative view penalties and new grounds for deprivation of special rights for non-payment.
Thus, now the fine must be paid no later than 60 days (previously - 30) from the date the decision to impose an administrative fine comes into force or from the date of expiration of the deferment period or installment plan.
Let us remind you that the mentioned resolution comes into force after 10 days from the date of delivery or receipt of a copy of the resolution, unless it has been appealed or protested.
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Lawyer's answer to the question: administrative fines in the police
1. An administrative fine must be paid by a person held administratively liable no later than sixty days from the date the decision to impose an administrative fine comes into force or from the date of expiration of the deferment period or installment plan period provided for in Article 31.5 of this Code.
(as amended by Federal Law dated April 5, 2013 N 49-FZ)
2. If a minor does not have independent income, an administrative fine is collected from his parents or other legal representatives.
3. The amount of an administrative fine is paid or transferred by a person held administratively liable to a credit organization, including with the involvement of a bank payment agent or a bank payment subagent operating in accordance with the Federal Law “On the National Payment System”, the organization of the federal postal service or a payment agent operating in accordance with Federal Law of June 3, 2009 N 103-FZ “On the activities of accepting payments from individuals carried out by payment agents.”
(Part 3 as amended by Federal Law dated June 27, 2011 N 162-FZ)
5. In the absence of a document indicating the payment of an administrative fine, and information about the payment of an administrative fine in the State information system on state and municipal payments, after the expiration of the period specified in part 1 of this article, the judge, body, official who issued the decision, sends within ten days a resolution on the imposition of an administrative fine with a note of its non-payment to the bailiff for execution in accordance with the procedure provided for by federal legislation. In addition, a federal official executive branch, structural unit or territorial body, other government agency who examined the case of an administrative offense, or an authorized person of the collegial body that examined the case of an administrative offense, draws up a protocol on the administrative offense provided for by Part 1 of Article 20.25 of this Code in relation to the person who has not paid the administrative fine. A protocol on an administrative offense provided for in Part 1 of Article 20.25 of this Code in relation to a person who has not paid an administrative fine in an administrative offense case considered by a judge is drawn up by a bailiff.
(as amended by Federal Laws dated 08.12.2003 N 161-FZ, dated 24.07.2007 N 210-FZ, dated 02.10.2007 N 225-FZ, dated 09.11.2009 N 249-FZ, dated 28.12.2009 N 380-FZ , dated June 27, 2011 N 162-FZ, dated July 18, 2011 N 225-FZ, dated July 18, 2011 N 226-FZ, dated April 5, 2013 N 49-FZ)
Parts six to seven are no longer valid. — Federal Law of December 8, 2003 N 161-FZ.
8. A bank or other credit organization, a federal postal service organization, a payment agent engaged in accepting payments from individuals, or a bank payment agent (subagent) operating in accordance with the Federal Law "On the National Payment System", which pays the amount of the administrative fine, are obliged, immediately after the payment of an administrative fine by a person held administratively liable, to send information about the payment of the administrative fine to the State Information System on State and Municipal Payments, provided for by the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal payments" services".
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In September 2014, I paid an administrative fine in the amount of 500 rubles....
Question for a lawyer:
Good afternoon In September 2014, I paid an administrative fine in the amount of 500 rubles. In August 2015, I found out that bailiffs withdrew 1,000 rubles from my card (as I understood, for non-payment of a fine that I had paid). I did not receive any notifications, notifications, etc. I want to write a complaint, but I don’t know what documents will be needed and who to write to (the head of the department or the bailiff who collected the money from me).
Lawyer's answer to the question: administrative fines in the police
Hello Nikita, first you need to familiarize yourself with the IP materials. Then a complaint about the actions of the SPI addressed to the head of the department - the senior bailiff.
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The police drew up a report for an administrative violation. 2 months have passed, but no notice has been received to pay the fine...
Question for a lawyer:
Hello. The police drew up a report for an administrative violation. 2 months passed, but the notice to pay the fine did not arrive, although they said that they would bring it. Officers arrived, took me to the police station and there they issued me a notice to pay the fine and said that there would be a trial because I was late and did not pay the fine. The question is whether police officers are required to bring notices to pay the fine home or should I have come myself.
Lawyer's answer to the question: administrative fines in the police
Hello!
Yes, you were notified.
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Are such fines reported to the police?...
Question for a lawyer:
I found myself in a stupid situation in April - I mixed up my social travel cards and used my parents' pension card. They caught me, took away my travel card and issued me a fine, which I paid the next day. In a month I plan to go on vacation abroad, and in six months to a year I plan to obtain a residence permit there. Are such fines reported to the police? Can I have problems when traveling abroad? Thank you!
Lawyer's answer to the question: administrative fines in the police
Good afternoon There will be no problems if you have paid. I wish you good luck and the best. Call
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In 2010, he was brought to the police for drinking alcohol in a public place, was brought to administrative…
Question for a lawyer:
In 2010, he was brought to the police for drinking alcoholic beverages in public place, was brought to administrative responsibility, the fine amounted to 100 rubles, now when applying for employment in law enforcement agencies or in a military service, they request a certificate of good conduct from the unified information center, but this violation is indicated in the certificate, although it has already been removed, because of this I can figure out what to do, how to remove this fact from the basics of data.??? thanks in advance
Lawyer's answer to the question: administrative fines in the police
You won’t remove it, but this violation does not give you any “criminal record”, because a criminal record occurs when brought to criminal liability (and not to administrative liability)
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In November 2006, the husband was imposed an administrative fine in the amount of 20 minimum wages, under Article 15.12.ch. 2 codes of the Russian Federation, staff immediately...
Question for a lawyer:
In November 2006, the husband was imposed an administrative fine in the amount of 20 minimum wages, under Article 15.12.ch. 2 Codes of the Russian Federation, the staff immediately paid, can he work at school now as a teacher?
Lawyer's answer to the question: administrative fines in the police
Yes, it can work at school.
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What happens to me if I don’t pay the fine to the police on time, if the fine...
Question for a lawyer:
What happens to me if I don’t pay the fine to the police on time if the fine
Lawyer's answer to the question: administrative fines in the police
Can be doubled according to Art. 20.25 Code of Administrative Offenses of the Russian Federation.
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I have the following question: Can I get a job in the police, Administrative arrest!…
Question for a lawyer:
Hello! I have the following question: Can I get a job with the police if I was caught driving while intoxicated, but I didn’t have a license, I was in jail for 10 days, Administrative arrest!
Lawyer's answer to the question: administrative fines in the police
Perhaps only after a year has passed since the administrative offense was committed!
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An administrative fine in the amount of 3,000 rubles was issued in July 2013, is there a statute of limitations for it?...
Question for a lawyer:
An administrative fine in the amount of 3,000 rubles was issued in July 2013, is there a statute of limitations for it?
Lawyer's answer to the question: administrative fines in the police
Check on the official website of the traffic police.
If it is there, then the fine has not been paid. If it is not there, then it is not in the fines database either!
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I constantly hear in the police: administrative detainees are not entitled to a lawyer! Is this true?...
Question for a lawyer:
I constantly hear in the police: administrative detainees are not entitled to a lawyer! Is this true?
Lawyer's answer to the question: administrative fines in the police
No, that's not true. A person can always use the services of a lawyer at any time. Another question is that, unlike criminal cases, in cases of administrative offenses the state is not obliged to provide the person involved with a professional defense lawyer.
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In December 2013, the court ordered me to pay an administrative fine of 1,000 rubles within 2 months. I paid...
Question for a lawyer:
Good afternoon In December 2013, the court ordered me to pay an administrative fine of 1,000 rubles within 2 months. I paid the fine and sent the payment receipt to the judge by registered mail asking for an answer. There was no answer. Today I received a letter from the bailiffs saying that the case was reopened in July 2014 and I am required to pay a fine. The fine was paid in another city. The receipts are most likely lost. What to do?
Lawyer's answer to the question: administrative fines in the police
Look for or restore receipts, there is no other way.
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Lawyer's answer to the question: administrative fines in the police
The statute of limitations is 2 years.
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In case of failure to pay an administrative fine within the prescribed period, which district bailiffs are involved?...
Question for a lawyer:
Hello! In case the admin. an offense (traffic violation) occurred in one district of the region, and the person permanently resides in another district, which district court is hearing the case? In case of failure to pay an administrative fine within the prescribed period, which district bailiffs are involved?
Lawyer's answer to the question: administrative fines in the police
The case is considered by the court at the place where the administrative offense was committed. At the request of a person brought to administrative responsibility, the case may be transferred for consideration to the court at the place of residence of this person. The execution of the decision is carried out by bailiffs at the place of residence of the person brought to administrative responsibility (in any case)
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One of the ways to maintain order in the state and subject citizens to the law is administrative responsibility. By committing any offense that may result in causing material or moral harm to the state or citizens, as well as to their property, we commit an administrative offense. In order to provide protection against such offenses, the Code of Administrative Offenses was invented.
Administrative responsibility includes several various options punishment, according to Article 3.2. Code of Administrative Offences. Types of administrative penalties:Depending on the severity of the offense committed, punishment may be imposed judicial authority or a person who has the right to impose and determine the amount of punishment in accordance with the procedure established by law. The most common imposition of fines is on citizens. The fine can range from 100 to 5,000 rubles, and for legal entities this amount can reach 1,000,000 rubles.
1) warning;
2) administrative fine;
3) paid seizure of the instrument or subject of an administrative offense;
4) confiscation of the instrument or subject of the administrative offense;
5) deprivation of a special right granted to an individual;
6) administrative arrest;
7) administrative expulsion from the Russian Federation of a foreign citizen or stateless person;
8) disqualification;
9) administrative suspension of activities.
It happens that a citizen is firmly convinced that his act should not be subject to punishment, but he is persistently handed a receipt for payment of a fine. What to do in such a situation, do you need to immediately go and pay a certain amount of money to the state treasury? This is exactly what MirSovetov invites its readers to talk about.
What is the fine for?
The main part of the code consists of articles describing types of offenses and penalties for them. Citizens who have committed offenses described in the following chapters of the Code of Administrative Offenses may be subject to penalties:Chapter 5. Administrative offenses encroaching on the rights of citizens.
Chapter 6. Administrative offenses encroaching on health, sanitary and epidemiological well-being of the population and public morality.
Chapter 7. Administrative offenses in the field of property protection.
Chapter 8. Administrative offenses in the field of environmental protection natural environment and environmental management.
Chapter 9. Administrative offenses in industry, construction and energy.
Chapter 10. Administrative offenses in agriculture, veterinary medicine and land reclamation.
Chapter 11. Administrative offenses in transport.
Chapter 12. Administrative offenses in the field of traffic.
Chapter 13. Administrative offenses in the field of communications and information.
Chapter 14. Administrative offenses in the field of business activities.
Chapter 15. Administrative offenses in the field of finance, taxes and fees, and the securities market.
Chapter 16. Administrative offenses in the field of customs affairs (violations customs rules).
Chapter 17. Administrative offenses encroaching on institutions of state power.
Chapter 18. Administrative offenses in the field of protecting the state border of the Russian Federation and ensuring the regime of stay of foreign citizens or stateless persons on the territory of the Russian Federation.
Chapter 19. Administrative offenses against management order.
Chapter 20. Administrative offenses encroaching on public order and public safety.
Chapter 21. Administrative offenses in the field of military registration.
Assignment of punishment
Punishment is imposed in the form of a fine or any other specified measure strictly in accordance with the rules and regulations of Chapter 4 of the Code of Administrative Offenses. Thus, before imposing a punishment, the person responsible must take into account all the facts relating to the specific violation and the identity of the person who committed the offense. Article 4.1. General rules for imposing administrative punishmentAs you can see, even in general rules there is a mention that there are circumstances mitigating guilt and, therefore, the measure of punishment. The law provides for the following circumstances mitigating administrative liability (Administrative Code Article 4.2.):
1. Administrative punishment for committing an administrative offense is imposed within the limits established by the law providing for liability for this administrative offense, in accordance with this Code.
2. When imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the perpetrator, his financial status, circumstances mitigating administrative responsibility, and circumstances aggravating administrative responsibility are taken into account.
1. repentance of the person who committed the administrative offense;According to the second point, it is clear that you can try to sway the judge’s decision in your favor. To do this, you need to honestly and in detail describe the current situation, present any facts or testimonies of people indicating that the violation you committed was not intentional or was committed under the influence of some third-party factors that influenced your behavior. Naturally, everything you have stated will be checked, and the judge may order an additional investigation. In addition, the judge may take into account financial, marital status the culprit, if the culprit is dependent on minors or incapacitated citizens or the culprit is the only working member of the family, for example, this can also be considered as a mitigating circumstance. In this case, the judge may replace the administrative punishment and issue a warning instead of a fine.
1.1. voluntary reporting by a person of an administrative offense committed by him;
1.2. prevention by a person who has committed an administrative offense, harmful consequences administrative offense, voluntary compensation for damage caused or elimination of damage caused;
1.3. committing an administrative offense in a state of strong emotional excitement (affect) or due to a combination of difficult personal or family circumstances;
1.4. commission of an administrative offense by a minor;
1.5. committing an administrative offense or a woman with a young child.
2. A judge, body, or official considering a case of an administrative offense may recognize as mitigating circumstances not specified in this Code or in the laws of the constituent entities of the Russian Federation on administrative offenses.
But MirSovetov also recommends remembering that along with mitigating circumstances, there are also aggravating circumstances. So, if a citizen systematically violates the law and is repeatedly called to administrative responsibility, then this is considered as an aggravating circumstance. IN in this case the punishment will be more serious than a warning, and if a person fails to pay the amount assigned as a fine, the fine can be replaced with imprisonment for up to 15 days. In addition, if a violation is systematically committed by a minor (under 14 years of age) child, then responsibility may be placed on his parents. Therefore, you should not make it a rule to violate the provisions established by law. Before the start of the court hearing on administrative liability, representatives of the law are also involved in your case; their duty is to collect all the data available on you, in particular information about the facts of bringing you to administrative responsibility. And if there are any, they will be put on the balance not in your favor.
Persons who have the right to impose a penalty are listed in Chapter 22 of the Code of Administrative Offences. It also lists the powers of certain government officials in terms of imposing punishment.
Article 22.1. Judges and bodies authorized to consider cases of administrative offensesThe next chapter of the code distributes specific types of violations among persons authorized to impose administrative liability. For example, let’s take the most common and worrying situations on the roads, for example, a traffic police inspector who stopped you has the right to issue a fine for not having a vehicle inspection card (Article 12.31, paragraph 1 of the Code of Administrative Offenses). But it cannot issue you a receipt if you left the scene of a traffic accident, being a participant in it (Article 12.27, paragraph 2 of the Administrative Code).
1. Cases of administrative offenses provided for by this Code are considered within the competence established by Chapter 23 of this Code:
1) judges (magistrates);
3) federal executive authorities, their institutions, structural divisions and territorial bodies, as well as other state bodies authorized to do so based on the tasks and functions assigned to them by federal laws or regulations legal acts The President of the Russian Federation or the Government of the Russian Federation.
2. Cases of administrative offenses provided for by the laws of the constituent entities of the Russian Federation are considered within the powers established by these laws:
1) justices of the peace;
2) commissions on affairs of minors and protection of their rights;
3) authorized bodies and institutions of executive authorities of the constituent entities of the Russian Federation;
4) administrative commissions and other collegial bodies created in accordance with the laws of the constituent entities of the Russian Federation.
Article 22.2. Powers of officials
1. Cases of administrative offenses provided for by this Code are considered, within the limits of their powers, by the officials specified in Chapter 23 of this Code, on behalf of the bodies specified in paragraph 3 of part 1 of Article 22.1 of this Code. Cases of administrative offenses on behalf of the relevant authorities are authorized to consider:
1) heads of the relevant federal executive authorities, their institutions, and their deputies;
2) heads of structural divisions and territorial bodies of the relevant federal executive authorities, their deputies;
3) other officials performing supervisory or control functions in accordance with federal laws or regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation.
2. Cases of administrative offenses provided for by the laws of the constituent entities of the Russian Federation, on behalf of the bodies specified in paragraph 3 of part 2 of Article 22.1 of this Code, are considered by authorized officials of the executive authorities of the constituent entities of the Russian Federation.
3. Officials authorized to consider cases of administrative offenses have these powers in full, unless otherwise established by Chapter 23 of this Code or the law of a constituent entity of the Russian Federation.
Administrative offense case
In order to impose any penalty, including a fine, the person representing the authorized body is obliged to open a case regarding the violation. That is, a protocol must be drawn up recording data about the offense, and an explanation must be taken from the citizen who committed this offense. The data recorded in the protocol must be confirmed by the signatures of witnesses and the offender, or undeniable material evidence must be presented confirming the fact of the offense. There must be at least two witnesses, and only those persons who are not interested in the outcome of a particular case can be witnesses. If the protocol is drawn up in violation of the rules and regulations, it can be declared invalid in judicial procedure. The citizen in respect of whom the protocol is drawn up has the right not to sign or write the inscription “I do not agree with the above, I did not perform these actions.”
Any practicing lawyer will tell you that most the imposed fines are canceled due to incorrect preparation of the initial documents in the case. Therefore, when you receive a receipt for a fine, do not rush to pay it. Be sure to write down the details of the government officials who issued you a fine: last names, first names and patronymics, position and place of work, work contact information. If there is a protocol, you have the right to request a copy of it. Also write down the articles under which they want to fine you.
The first thing that will need to be checked is the legality of the established penalty. The presence of gross violations in the rules for drawing up the protocol entails the cancellation of the punishment. Gross violations Facts such as the absence of witnesses, unclear explanation of the reasons for imposing a fine, etc. are considered. Spelling and punctuation errors and typos are not considered gross violations.
MirSovetov also draws your attention to the fact that there are circumstances on the basis of which the proceedings for an offense can be cancelled. Such circumstances are indicated in Chapter 24 of the Administrative Code:
Article 24.5. Circumstances excluding proceedings in a case of an administrative offenseAt the place where the offense was committed, fines may be imposed not exceeding 100 rubles, the only exception being violation of customs rules, where the amount can be up to 1000 rubles, but no more. You have the right not to pay this fine and refuse to accept the receipt. In this case, a protocol will be drawn up, on the basis of which you can challenge the issued fine.
1. Proceedings in a case concerning an administrative offense cannot be started, and the started proceedings are subject to termination if at least one of the following circumstances exists:
1) absence of an administrative offense event;
2) the absence of an administrative offense, including the failure of the individual at the time of committing illegal actions (inaction) to reach the age provided for by this Code for bringing to administrative responsibility, or the insanity of the individual who committed the illegal actions (inaction);
3) actions of a person in a state of emergency;
4) issuance of an amnesty act, if such an act eliminates the application of administrative punishment;
5) repeal of the law establishing administrative liability;
6) expiration of administrative liability;
7) the presence, for the same fact of commission of illegal actions (inaction) by a person in respect of whom proceedings in a case of an administrative offense are being conducted, of a resolution on the imposition of an administrative penalty, or a resolution on the termination of proceedings in a case of an administrative offense, or a resolution to initiate a criminal case affairs;
8) death of an individual against whom proceedings are being conducted for an administrative offense.
After all documents on the case have been submitted to the court, a hearing must be held no later than within 15 days from the date of their receipt. The case of an administrative offense cannot last more than two months from the moment it was committed. Any court decision can be appealed within 10 days from the moment of its announcement.
What to do
Based on the foregoing, we propose the following algorithm of actions when imposing penalties. - Collection of data on the case (protocol, receipt for a fine, data of those who issued the fine).
- Contact a law firm, or self-study materials and checking them against the law. All necessary provisions can be found in the Code of Administrative Offences, or references to laws according to which the legality of the circumstances of the case must be assessed.
- Collecting evidence and facts in the case to submit to court, as well as attracting witnesses who can testify in your favor.
- Search for circumstances under which the case can be either postponed or stopped completely.
- Transfer of all materials to the court.
Article 46 of the Constitution states: “Everyone is guaranteed judicial protection of his rights and freedoms.” Article 48 of the Constitution states: “Everyone is guaranteed the right to receive qualified legal assistance. In cases provided for by law, legal assistance is provided free of charge.”
In the commentary to the Constitution regarding Article 48, the following explanation is given: “The right to use qualified legal assistance is guaranteed to everyone in the event of going to court in connection with a violation of rights and interests protected by law, when a person is brought to criminal or administrative liability. Legal assistance is provided to citizens who are parties to constitutional proceedings, when considering civil cases and disputes in arbitration court. Legal assistance to citizens and organizations is provided by lawyers, whose activities are regulated by Federal Law No. 63-FZ of May 31, 2002 “On advocacy and the legal profession in the Russian Federation.”
Therefore, a citizen who is confident that he is right can fully count on the protection of his interests with the help of a state-appointed defender. But if we're talking about about an administrative violation of a company (for example, an LLC), then they will have to turn to paid lawyers for help. Due to more serious amounts of administrative fines that may be imposed on a legal entity, each manager, based on the specific situation, will decide whether to involve a third-party specialist. Those companies that have an in-house lawyer do not need to involve third parties, since the duties of a lawyer, as a rule, include protecting the interests of the company.
The decision made by the court in your case will determine the further course of events. Either it will be a cancellation of the punishment, or an appeal will be required. Although, if there is evidence of any error at the beginning of the proceedings for a violation, it will lead to the termination of such a case. As practice shows, in 80% of cases there is a violation of established legal norms at the beginning of administrative proceedings.
Your expenses during the first consideration of the case will only be for the services of a lawyer. The state fee is not paid, since the appeal is filed in higher courts to overturn the decisions. Due to the fact that the costs are minimal, and the likelihood of a positive outcome for you is high, I think it’s worth fighting for the opportunity to save your money.
1. I was given an administrative fine in the amount of 5,000 thousand rubles, can I pay in installments? They call from the court almost every day and demand payment and provide them with a receipt for payment, they even write SMS demanding payment.
1.1. Good afternoon The court cannot call you; the court does not directly collect debts. Most likely, the bailiffs are calling, go to the bailiffs, explain the situation that you are not refusing to pay, it takes time to pay, maybe they will go to a meeting.
1.2. You can write an application for installment payment.
1.3. You have been assigned an administrative fine, which you must pay within 60 days from the date of entry into force of the decision in the case of an administrative offense finding you guilty and imposing an administrative fine.
An administrative fine must be paid in full by a person held administratively liable no later than sixty days from the date the decision to impose an administrative fine comes into force, except for the cases provided for in parts 1.1, 1.3 and 1.4 of this article, or from the date of expiration deferment or installment period provided for in Article 31.5 of this Code.
If during the consideration of the administrative case you did not ask for a deferment or installment plan for the fine, then you have the right to now go to court with this demand.
In the absence of a document indicating the payment of an administrative fine, and information about the payment of an administrative fine in the State Information System on state and municipal payments after the expiration of the period specified in Part 1, 1.1 or 1.4 of this article, the judge, body, official who issued the decision, make a second copy of the said resolution and send it within ten days, and in cases provided for in parts 1.1 and 1.4 of this article, within one day to the bailiff for execution in the manner prescribed by federal legislation. If a second copy of the resolution imposing an administrative fine is produced in the form of an electronic document, the legal force of which is confirmed by an enhanced qualified electronic signature in accordance with the legislation of the Russian Federation, the specified second copy is sent to the bailiff in electronic form over information and telecommunication networks. In addition, an official of the federal executive body, a structural unit or territorial body, another state body that examined the case of an administrative offense, or an authorized person of the collegial body that examined the case of an administrative offense, draws up a protocol on the administrative offense provided for in Part 1 of Article 20.25 of this Code, in relation to a person who has not paid an administrative fine. A protocol on an administrative offense provided for in Part 1 of Article 20.25 of this Code in relation to a person who has not paid an administrative fine in an administrative offense case considered by a judge is drawn up by a bailiff. A protocol on an administrative offense provided for in Part 1 of Article 20.25 of this Code is not drawn up in the case specified in Note 1 to Article 20.25 of this Code.
If more than 70 days have passed since the court hearing, and the court does not have information that the administrative fine has been paid, then it is transferred to the bailiff department for enforcement and at this stage you can also ask for a deferment or installment payment of the administrative fine.
2. >hello! My father was sued. An administrative offense (road accident) was committed, the father is to blame. The court ordered a fine of 5,000 rubles.
The victim hired a lawyer and they sued for moral damages. Damage to health was caused, which was assessed as minor. This is recorded.
Court in another city.
What should we do in this situation?
2.1. Requesting the transfer of the case to jurisdiction is the first thing to do. And then try to reduce the amount to the point of ridiculousness. But they will charge some amount. Contact an attorney to prepare a reasonable request.
Sincerely, lawyer – Stepanov Vadim Igorevich.
2.2. As a rule, when compensation for moral damage is sought, the judge focuses on the amount of material damage.
And the plaintiff could be at least a million. But we must proceed from the realities of life. The state duty does not depend on the amount; it will still be 300 rubles. for them.
More than 5000 rub. there won't be.
2.3. First, get a copy of the statement of claim with the documents attached to it. Prepare objections to the stated requirements if you do not agree with them.
It may make sense to discuss with the plaintiff the option of concluding a settlement agreement.
Your father may also benefit from the assistance of an attorney/lawyer.
2.4. Hello. Answer from lawyer V.I. Stepanov INCORRECT.
In case of personal injury, jurisdiction is determined by the PLAINTIFF at HIS place of residence, not yours. You will have to go to another city for trial. Hire a lawyer to represent your interests in the city where the victim lives.
3. I have an administrative fine of 5,000 rubles, if I pay it, will they let me through from Russia to the DPR?
3.1. A ban on leaving only if the debt is higher than 10 then
229-FZ
Article 67. Temporary restrictions on the debtor’s departure from the Russian Federation
1. The bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the debtor’s departure from the Russian Federation in the event of failure by the debtor-citizen or a debtor who is individual entrepreneur, within the period established for voluntary execution without good reasons the following requirements contained in the executive document issued by the court or being a judicial act:
1) claims for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral harm caused by a crime, if the amount of debt under such a writ of execution exceeds 10,000 rubles;
2) claims of a non-property nature;
3) other requirements, if the amount of debt under the executive document (executive documents) is 30,000 rubles or more.
2. In case of failure by a debtor-citizen or a debtor who is an individual entrepreneur, after two months from the date of expiration of the period for voluntary fulfillment of the requirements specified in paragraph 3 of part 1 of this article, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a decision on a temporary restriction on the debtor’s departure from the Russian Federation if the amount of debt under the executive document (executive documents) exceeds 10,000 rubles.
4. Issued a decree to a foreign citizen about an administrative offense, namely a fine of 5,000 rubles and deportation from the Russian Federation. The resolution number is not specified. I can’t find any information on the FSSP website. The fine was not paid within 24 hours, which means the matter should have reached the bailiffs. How to find out? What should I do?
4.1. If there is no information on the FSSP website, then enforcement proceedings have not been initiated.
5. Question about residence permit. I paid an administrative fine in April 8018 of 5,000 rubles for late registration, applied for a residence permit, received it after 6 months, did not apply for registration after receiving the residence permit within 7 working days and paid the fine again on myself, in February 2019, maybe Will this serve to cancel the residence permit? And how to prevent this from happening?
5.1. Hello, yes it can. 2 violations, 2 administrative fines - for this they can be canceled. Complain if this happens.
6. He was convicted under Article 158 part 2. The punishment was an administrative fine in the amount of 5,000 thousand rubles. Is this a criminal record? If so, how long will it take to expunge a criminal record?
6.1. Hello, Ilya! In accordance with Article 86 of the Criminal Code of the Russian Federation, a person convicted of committing a crime is considered to have a criminal record from the day the court’s conviction enters into legal force until the criminal record is expunged or removed. A fine is one type of punishment. But a fine may not be in the form of a punishment, but as “another measure of a criminal law nature” - Article 76.2 of the Criminal Code. If this is your case, then there is no criminal record. Look at the name of the paper from the court - if there is a verdict, then there is a criminal record, if there is a decision to terminate the criminal case with a court fine, then there is no. If the second case, you are considered subject to administrative punishment within 1 year from the date the resolution entered into legal force. This is not considered a criminal record because a criminal record is considered a punishment imposed for criminal violations. All the best!
7. My husband has a residence permit. I myself am a citizen of the Russian Federation. The police detained the husband, without reason. And they let me go. They forced me to sign a protocol for 5,000 rubles. They didn't even show the protocol. If he receives an administrative fine, will he be expelled? What should we do?
7.1. It’s not entirely clear, has the trial already taken place?
7.2. Good afternoon
They will take him to court, and in court he will say that he has relatives in Russia, i.e. You and he will be fined, but not deported. He will pay the fine and move on with his life.
7.3. Nadira, if for nothing, you need to defend yourself when the case is considered in court or appeal the decision. Contact a lawyer...
If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you