According to statistics, in the Russian Federation there are approximately 37% of debtor drivers. This is approximately 450 thousand citizens. Let's take a closer look at the bill, which involves the deprivation of rights for non-payment of fines.
About the bill
Today, according to statistics, every third resident of the Russian Federation has a driver’s license. In addition to the certificate, many citizens have debts. Is a deprivation of rights for non-payment of fines introduced? In the event that the debt is not paid on time, from January 15, 2016, most of the debtors have every chance to remain without a driver’s license, in connection with the signing of bill No. 661379-6. Thanks to him, penalties for drivers without a license have been significantly tightened. According to deputies of the State Duma, the new bill will contribute to the growth of debt repayment.
Do I get a driver’s license for non-payment of alimony?
On October 17, 2015, the Government of the Russian Federation signed Decree No. 661379-6 “On Amendments to the National Decree“ On Administrative Proceedings ”and individual legislative acts of Russia.” In this regard, in case of non-payment of a fine and non-payment of alimony debt exceeding ten thousand rubles, the debtor will be deprived of his driver’s license. This applies not only to cars, but also to all other modes of transport.
Thanks to the new bill, litigation bailiffs can take away rights from debtors up to the absolute repayment of alimony debt. Deprivation of rights for non-payment of fines by the traffic police will be extremely rare, since most often their amount does not exceed the minimum threshold of the bill. With other types of debts, the situation is different, since most often the penalties for non-payment of alimony, loans and utilities are a considerable amount. The law on the deprivation of rights for non-payment of fines will entail additions and changes to the Federal Law and other regulations.
Driving license confiscation terms
As we said earlier, the main circumstance for the confiscation of a driver’s license is a debt in excess of ten thousand rubles. An exception can only be if the person did not pay the amount in a certain period for a good reason. If a prerequisite for non-payment was a significant circumstance, then the case will be considered on an individual basis. In this case, there is a chance that the rights will remain with their owner.
Citizens who, according to the bill, cannot be deprived of their rights
Not every person can be taken away the rights. There is a category of people for whom rare exceptions are provided. Previously, rights were not stripped if the violator did not pay arrears of fines and alimony. According to the new bill, the debtor cannot lose his driver’s license if:
- The total amount of the collected alimony and fines is less than ten thousand rubles.
- A driver’s license is the main source of income for the deadbeat. For example, if he works as a taxi driver.
- In the locality where the debtor resides , public transport makes transportation of citizens irregularly.
- A person is considered to be disabled, universally recognized in the manner specified by law.
- On his support is a citizen who is legally recognized as a disabled person of the main or second category.
- He was given the opportunity to installments to repay the debt. In this case, you must always have with you a document that confirms this.
What to do?
It can be assumed that everyone is interested in the algorithm of actions of the debtor, for which the deprivation of rights for non-payment of fines cannot be performed due to weighty reasons. Let's take a closer look at what the defaulter should do in such a situation.
If the debtor falls into one of those categories that we spoke about earlier, then first of all he needs to prove it. For example, a disabled person needs to provide an officially certified certificate of inferiority. To do this, create a written appeal with notarized copies of documents, which confirm the impossibility of payment. We advise you to write the appeal in two copies: one for the court, and the other for yourself in case of loss of the first copy.
Suspension of a driver's license
The adopted decree significantly expands the powers of the bailiffs, since they can, on their own initiative or in connection with the claimant's non-payment of debts, make a decision to limit the use of vehicles by the non-payer. However, this can only happen if before that the debtor was offered to repay the debt voluntarily. In the issued order, the judge is obliged to provide the debtor with an explanation of the performance of duties and inform on further managerial responsibility. This act is ratified by the senior bailiff, and copies of it within one day must be delivered to the collector, the debtor and the Ministry of Traffic Police with the aim of making the necessary limits in the appropriate database.
If the act is not considered a litigation or it was issued without reference to it, the judges committee, on an equal footing with the recoverer, has the right to file a request for the withdrawal of the driver’s non-payer license before paying off the debt. After depriving the driver’s license for five days, the debtor is obliged to surrender his rights. If the non-payer does not do this within a certain period, he is entitled to be held criminally liable. It is also worth emphasizing that it does not eliminate debt repayment.
Non-payment of a fine
Surely every debtor is interested in what threatens the failure to pay fines for deprivation of rights. Untimely repayment of debts is a crime which, according to the legislation of the Russian Federation, is prosecuted by administrative punishment. If the collection was not paid in a certain period, from the next day the driver can be prosecuted in the form of a fine or arrest for up to 15 days. Punishment in the form of community service is also possible. Typically, in such cases, from 50 hours of work are prescribed. Now you know exactly what threatens the failure to pay the penalty for deprivation of rights. If 15 days are spent or a certain number of hours are worked out, the debtor is still obliged to pay his debt. We strongly recommend that you always pay off penalties on time.
Bill in other countries
Before the formation of the bill, which implies the deprivation of a driver’s license for non-payment of fines, the deputies of the Russian Federation studied and analyzed the experience of foreign countries. For example, in the UK, a special institution has been established that deals with penalties for raising children. The organization discovers non-payers and monitors the repayment of alimony debts. The institution also has the right to write a written statement to the court asking for the deprivation of rights for non-payment of fines.
In Israel, as well as in the Russian Federation, the deprivation of a driver’s license for non-payment of fines cannot be committed if the person is a disabled person or his relative. This also applies to those who earn with an identity card. The US is also actively implementing a bill that provides for the suspension of a driver’s license.
However, it is worth emphasizing that each region has its own amendments and additions to the decree. It is worth noting that the bill, which involves the deprivation of rights for non-payment of fines and alimony, is also active in neighboring countries of the Russian Federation. For example, in Belarus, since 2012, a decree has been in force on fleeting restrictions on driving for up to five years in case of arrears, and in Kazakhstan since 2010 there has been a ban on issuing licenses. It functions until full repayment of the debt by the non-payer.
What exactly can they take a driver’s license for?
Deprivation of rights for non-payment of fines may be committed in the following cases:
- If a citizen does not pay child support, and the amount of debt exceeds 10 thousand rubles.
- When it is necessary to pay a sum of money for the damage caused to someone else's health.
- If a citizen has caused material or moral damage to anyone.
- When a citizen has debts for utilities and fines.
Statistics
Last year, a survey was conducted in the cities of the Russian Federation. Its purpose is to clarify the attitude of citizens to the new bill. According to statistics, 53% of residents do not support the decision of the State Duma. Many citizens believe that the bill will not help reduce the number of debtors. Also, in their opinion, this decree is mainly designed for that part of the population who lives on average or low incomes, since the rest can agree with the judge on an “individual basis”.
47% of the country's residents who supported the bill believe that this will help to return all debts and not save them in the future. The only thing that is puzzling so far: will they return the rights after paying off the debts? Soon, the government of the Russian Federation promises to clarify the bill and apply it in full.
To summarize
In past years, Article 67 of the Federal Law “On Administrative Proceedings” was actively used, which prohibits non-payers from traveling abroad. Only in the year before last, according to statistics, about 300 thousand orders were issued. They concern drivers with debts. For a year, defaulters paid one and a half billion rubles. In this regard, it must be recognized that, most likely, the decrees adopted on the suspension of driver’s licenses will certainly become extremely effective.