One of the types of negative legal sanctions for an individual, legal entity or official is fines. Litigation make up the majority. They will be discussed later.
Administrative fines: court rulings
Such sanctions can be imposed by many state regulatory authorities. For example, an inspection in the field of labor protection for the employer, Rospotrebnadzor for public catering enterprises, etc.
As for the violation of the rules of the road, here we will only talk about such a thing as judicial fines for the traffic police.
The traffic police themselves are not entitled to impose sanctions on the offender. It only initiates administrative clerical work.
Drawing up a protocol is the first step. Be sure to know very important information for legally unprepared citizens.
The compilation of the protocol does not oblige to pay.
The only source on the basis of which administrative fines “appear” are court orders and rulings.
I didn’t break the rules, but they draw up the protocol. What to do
If a citizen believes that there is nothing illegal in his actions, and the traffic police "found something there," then the only right action in this situation would be to disagree with the protocol drawn up.
This position should be fundamental. The signature in the protocol on administrative offenses will actually mean that the citizen agreed to the violations. It will be very difficult to defend your position.
How to draw up a “disagreement” with the protocol? There are no specific rules, but the best wording is:
- “I do not agree with the drawn up protocol, I demand a copy and qualified legal assistance.”
You can write directly in the document near your signature. And the list after this phrase with the transcript.
It is important to know that the traffic police inspector is required to issue a copy of the protocol when requested. Refusal can be interpreted as a violation by the inspector of the rights of a citizen. It must be borne in mind that the state free “defender” relies only on criminal matters. But you can demand a delay from the signature until the arrival of a personal lawyer. Unless, of course, he will. If not, you can also write a similar wording. At the trial, it will mean that a citizen does not agree with the issued protocol on administrative offenses, but did not have the opportunity to justify this because of legal illiteracy . No need to be afraid to seem like a "fool" in court. It is much worse when the "most intelligent" commits absolutely illiterate, from the point of view of jurisprudence, actions.
What gives disagreement with the protocol?
The most important thing is the competitiveness of the parties. That is, the court will not “automatically” make a decision, which, as a rule, ends not in favor of citizens. And in fact, he explores all the arguments and arguments that a professional lawyer can prepare.
The court imposed sanctions with which it does not agree. What to do?
The amount of judicial fines depends on the type of offenses. All of them are listed in the Code of Administrative Offenses of the Russian Federation.
In accordance with the Code of Civil Procedure within ten calendar days, there is a right to reduce fines. Judicial decisions are canceled by filing a private complaint.
Where to file?
To the authority where the decision was made to make. For example, the Yegoryevsky District Court ruled to impose an administrative fine. Within ten calendar days from the date of issuance, it is in him that a private complaint must be filed with the arguments presented to reduce the fine. Up to zero if a citizen does not agree with him. The traffic police may, on the contrary, file a private complaint about the increase if the court is on the side of the citizen and cancels it.
I missed a ten-day deadline for filing a private complaint. What to do?
In this situation, you can restore the missed deadline. A reasoned reason is needed, which will objectively make it clear to the court that the citizen could not file a private complaint in time for the decision.
Possible scenarios on which the courts rely when restoring the missed procedural period:
- A citizen did not receive a copy of the court on time. He knew nothing about him.
- Physically could not file a private complaint. Illness, trauma, etc.
- Was on a business trip.
- Other
The last paragraph implies “special” reasons that the courts will consider valid. But the first three, as a rule, are interpreted by them almost always as “objective”.
Stage Three: Bailiffs. Fines and penalties
So, a protocol on an administrative offense by the competent authorities has been drawn up. The trial passed, the result is a fine. Next, a new stage begins - the collection of fines by bailiffs.
But this can be avoided by simultaneously fulfilling two conditions:
- Be aware of court sanctions.
- Immediately pay a fine.
But a lot of similar cases go through the following scenario. I did not know about the violation. Not notified of the trial. They did not warn about enforcement proceedings. As a result - blocking accounts at the most inopportune moment. Money is urgently needed, and it was "removed" by the department of bailiffs to recover administrative fines (this particular government department deals with such cases).
If you don’t pay, what will happen?
Many people know that there are statutes of limitations in the traffic police database, after which the bailiffs will "fall behind", fines will disappear. But for this it is necessary to "wait out" 2 years 10 days. Ten is the time to appeal the court order, after which it takes effect. The statute of limitations is 2 years. But you need to think very well whether it is worth waiting for this time? Late payment of court fines leads to the following negative consequences:
- After a 60-day period after a court ruling on an administrative fine, its amount will be doubled.
- Any property of the debtor will be seized.
- Impose a ban on traveling abroad.
- Withheld 7% enforcement proceedings.
You can draw certain conclusions and think whether it is worth avoiding fines at all? In addition, there are some nuances after which the statute of limitations can be restored.
The ideal option is that the bailiffs did not look for the property of the debtor or it simply was not there, closed the enforcement case, and the information in the traffic police database was updated. But such a “happy” scenario rarely got anyone, and many received fines and penalties.
Many citizens do not know or forget about their violations. The habit of putting off for later, a randomly thrown receipt with a fine, etc.
As a result, an unpleasant blocking of a bank card and an increase in the fine. But how do you know if a citizen is “clean” before the law or somewhere has exceeded speed, for example?
How to find out about fines
Previously, such a procedure was so routine that it took a lot of time. First, citizens turned to the traffic police in person, recognized the inspector who wrote the fine, and raised the file in the archive. Already at the thought of such a procedure, “goosebumps” appear on the skin. And a few years ago, that was the norm. Today, you can find out about your debts in one of several ways:
- On the official website of the traffic police (gibdd dot ru).
- Via SMS. For example, by sending to the number 9112 the text “STSI No. car number driver’s license”. Such services are paid. As a rule, such services themselves enter personal data on official websites and receive all the information, which they then transmit via SMS.
- In the department of judicial bailiffs to recover administrative fines at the place of registration.
- Portal of public services (gosuslugi dot ru).
The last service is the longest. However, this provides several advantages.
Portal of State Services
The “difficulty” is that before you get the information you need to register and create your own account. But such a procedure can significantly facilitate life in the future, because it gives you the opportunity not only to find out about your fines, but also to pay them. In addition, the portal provides a number of other features. You can find out about fines of the traffic police by selecting the section "Ministry of Internal Affairs of the Russian Federation". By clicking on it, the item “Providing information about violations in the field of traffic” will be highlighted. Next - "Get a service."
Judicial fines are a serious matter, so do not delay their payment.